Special Counsel Jack Smith has forcefully reintroduced the issue of Donald Trump’s attempts to overturn the 2020 election into the high-stakes conclusion of this year’s presidential race.
By moving to salvage his case after the Supreme Court’s immunity ruling severely weakened his initial new indictment shakes, Smith has made it clear that he is resolute in his pursuit of holding the former president accountable — despite the fact that no trial will occur before Election Day.
“This is essentially Jack Smith signaling, ‘I’m still in control,’” said former FBI Deputy Director Andrew McCabe, who now serves as a legal and national security commentator for CNN, following Smith’s filing of a new indictment shakes backed by a new grand jury on Tuesday. This action highlighted the immense personal stakes Trump has in the November election: not only a return to the presidency but also the potential to terminate this and another federal case against him, thereby avoiding any jail time if convicted.
One of the most significant decisions
“This year is crucial; this election is incredibly important,” former federal prosecutor Ankush Khardori told CNN’s Alex Marquardt. “This case is on the line in the election — if Trump wins, it disappears. If he loses, it proceeds to some form of resolution.”
The Supreme Court’s ruling earlier this summer, which extended immunity to Trump for certain actions taken as president, stands as one of the most significant decisions in the court’s history with profound consequences for the American system of government. Many mainstream scholars criticized the ruling, arguing it contradicted the intent of the nation’s founders by seemingly granting the presidency unchecked powers.
This decision also sent ripples through an already volatile presidential race, offering a former president who already viewed himself as powerful an opportunity to pursue an authoritarian style of governance if he wins the election. Democratic nominee Kamala Harris condemned the ruling in her convention speech last week: “Imagine the power he will have… Just picture Donald Trump with no guardrails, and how he would wield the immense powers of the presidency.”
Smith’s latest move introduces additional significant political, legal, and constitutional issues at a pivotal national moment, just 10 weeks before an election that could profoundly reshape the country and once again test its institutions to the utmost.
What’s in the New Indictment Shakes?
The core facts and evidence in Smith’s case remain unchanged. The new indictment shakes still accuses Trump of conspiring to defraud the government’s election vote-counting system and obstructing the certification of Joe Biden’s victory. It also charges him with plotting against the fundamental right of citizens to vote and have their votes counted.
However, in response to the Supreme Court ruling, Smith has removed allegations that Trump used the Justice Department to advance his claims of electoral fraud. Additionally, he has reframed much of the remaining alleged conduct as that of a “candidate” rather than a president acting in an official capacity, to navigate around the central issue of the court’s ruling.
But significant challenges remain for Smith’s case. District Court Judge Tanya Chutkan must now interpret the Supreme Court’s decision to determine which evidence remains admissible. Trump’s legal team is expected to contest Smith’s arguments at every step, utilizing all available appellate options. They may also accuse Smith of breaching the Justice Department’s protocol of avoiding proceedings against key political figures close to an election. The original case’s failure to go to trial before the election is partly due to Trump’s legal team’s successful delaying tactics.
Pleaded not guilty to all charges
“If Donald Trump is unhappy with the timing, he only has himself to blame for the months of delays and postponements,” said Maryland Rep. Jamie Raskin, a Democrat who served on the House committee investigating the January 6, 2021, attack on the U.S. Capitol, on CNN’s “The Situation Room.” “Jack Smith is playing the hand he’s been dealt by Trump and his supporters on the Roberts Court, who have slowed this process as much as possible. There’s something quietly heroic about Jack Smith’s determination to move forward to ensure this plot is exposed.”
Despite delaying the initial January 6 federal case, Trump’s legal team couldn’t prevent his conviction in a hush money case related to the 2016 election or a massive fraud judgment against him, his company, and his adult sons in New York. Trump was also found liable for defamation in a case involving sexual assault allegations by writer E. Jean Carroll. However, a Trump-appointed judge in Florida recently dismissed Smith’s classified documents case against Trump (Smith is appealing the decision). Additionally, another election interference case in Georgia has faced multiple delays. Trump has pleaded not guilty to all charges in every case.
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