After a year of legal, judicial, and political drama, Special Counsel Jack Smith just filed a superseding indictment to replace the first indictment he handed down against Donald Trump in August 2023 related to the events of January 6 and the former president’s alleged attempts to “overturn” the 2020 election.
The special counsel removed a large swath of evidence related to Trump’s interactions with his Department of Justice, activity the court determined fell firmly within the scope of a president’s “official” and Constitutional authority.
Trump faces the four same charges—three conspiracy and one obstruction count—but the new version is nine pages shorter as Smith had to follow the presidential immunity guidance set forth by the Supreme Court in the Trump v US opinion published on July 1.
Which explains another change in Smith’s indictment.
“Jack Smith has made largely cosmetic changes to his original indictment,” Clark told me via text Wednesday morning.
Earlier this week, Smith filed his first brief in the appeal of Judge Aileen Cannon’s July 15 order dismissing the classified documents case based on Smith’s unconstitutional appointment.
“For more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won,” Smith wrote on August 27.
https://www.declassified.live/p/jack-smiths-weak-watered-down-election
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