The legal challenges facing former President Donald Trump have gained momentum this week, as Special Counsel for the United States Department of Justice, Jack Smith, takes aggressive action in two federal criminal cases.
According to reporting by The New York Times, Smith's office filed an appeal on Monday against Judge Aileen M. Cannon's dismissal of the indictment accusing Trump of mishandling classified documents after leaving office. This move comes just 10 weeks before Election Day, signaling the prosecutor's determination to pursue the case.
In a separate development on Tuesday, Smith's team filed a revised indictment in the case alleging Trump's involvement in plotting to overturn the 2020 election. This updated version aims to maintain the bulk of the charges while aligning them with the Supreme Court's recent ruling on presidential immunity.
While neither case is expected to go to trial before the upcoming election, Smith has indicated his intention to continue pushing the cases forward, even if Trump were to win the presidency in November. Should Trump reclaim the presidency, he would possess the authority to dismiss Smith and effectively terminate both legal proceedings. Nevertheless, Smith seems determined to vigorously pursue these cases as the campaign intensifies. Sources close to the investigation indicate that the special counsel intends to press forward with the prosecutions right up until Inauguration Day, even in the event of a Trump victory.
This morning on Fox Business, Maria Bartiromo spoke with attorneys Jonathan Fahey and Mark Smith about the new Jack Smith indictment against President Trump. Some of their observations:
* JF: The case will not be tried before the election
* JF: The new charges have similar… pic.twitter.com/3pjnYYB7gi
— Paul Villarreal (AKA Vince Manfeld) (@AureliusStoic1) August 28, 2024
The election interference case had been on hold for nearly eight months as various federal courts, including the Supreme Court, considered Trump's claims of presidential immunity. Following the Supreme Court's decision in July, which granted Trump broad protections against criminal prosecution, the case was returned to trial judge Tanya S. Chutkan.
Judge Chutkan now faces the complex task of reviewing the indictment to determine which allegations can proceed under the new immunity guidelines. Smith's team, getting ahead of the Friday deadline set by the judge, submitted a revised indictment on Tuesday.
The new indictment maintains the original four charges against Trump, accusing him of plots to defraud the United States, obstruct the certification of the election, and deprive Americans of their voting rights. However, it removes allegations related to Trump's interactions with the Justice Department, which the Supreme Court ruled were part of his official duties as president.
"The revised indictment carefully reframes the charges to emphasize Trump's actions as a private candidate rather than as president," said a legal expert familiar with the case. "This is a strategic move to navigate the immunity ruling while preserving the core of the prosecution's case."
In the classified documents case, Smith's team is challenging Judge Cannon's dismissal, which was based on her interpretation of the Constitution's appointments clause. The appeal argues that there are four current statutes granting the attorney general authority to appoint special counsels, citing historical precedents dating back to the Civil War.
