Special counsel Jack Smith had to take a hammer to some parts of his election subversion case against former President Donald Trump after the Supreme Court’s sweeping ruling that Trump had at least some presidential immunity in the prosecution.
But with the superseding indictment handed up by a grand jury on Wednesday, prosecutors also used a scalpel to reshape their allegations, making subtle edits, along with big changes. Trump’s infamous Rose Garden video from January 6, 2021 – and the efforts by others leading up to it to convince to Trump he needed to tell the Capitol rioters to leave – has been removed from the indictment.
Reworked: The Pence pressure campaign Perhaps the boldest decision Smith made in retooling his indictment was to keep his allegations about the Pence pressure campaign. The Supreme Court said that alleged conduct was “presumptively immune” and put the burden on prosecutors to prove that criminal liability for those acts wouldn’t intrude on a president’s Executive Branch authorities.
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