Special counsel Jack Smith is pressing forward with his 2020 election inference case against Donald Trump, with a new indictment that aims to salvage the prosecution after the Supreme Court slammed the door on the possibility of a trial before the November election.
FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump , Aug. 1, 2023, in Washington. that aims to salvage the prosecution after the Supreme Court slammed the door on the possibility of a trial before the November election.
As a result, the Supreme Court said Trump is immune from prosecution for conduct involving his interactions with the Justice Department, effectively stripping those allegations from the indictment. The justices sent the case back to U.S. District Judge Tanya Chutkan to analyze what other allegations could potentially proceed to trial.
It also adds language designed to back up prosecutors’ contentions that the actions that form the basis of his case were taken by Trump in his personal capacity as a candidate rather than his professional capacity as president. It also deletes references to certain Trump statements made from the White House, like the video Twitter message he had taped from the Rose Garden in which he asked his supporters at theto go home but reassured them, “We love you, you’re very special.” But comments Trump made during his speech near the White House before the riot remain in the indictment. That was a “campaign speech at a privately-funded, privately organized political rally," the indictment says.
He also asserted that Smith had revised the original indictment to “circumvent” the Supreme Court ruling, but the exact opposite is true: in paring down the case and the allegations, the special counsel’s office was clearly trying to comply with, rather than get around, the spirit of the opinion. It is true that longstanding Justice Department guidance cautions against taking overt investigative action in the run-up to an election. Memos from attorneys general issued over the years say prosecutors should never pursue criminal charges or visible steps — such as executing a search warrant — for the purpose of affecting an election.
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