It’s really not Jack Smith, so we should drop the pretenses. Mary McCord, Norm Eisen and Andrew Weissmann have recrafted a new DC indictment against President Trump by dropping around 10 pages of fraudulent evidence from the prior indictment and labeling it a “superseding indictment.”
The 36-page indictment is available HERE. Essentially, after the supreme court decision on immunity, the majority of the previous case against President Trump was likely to fail, so Mary, Norm and Andrew went back and modified the previously lawfare to fit a narrower scale as requested by the supreme court.
The Lawfare crew then hand off the indictment to Jack Smith who runs it through a Grand Jury, and re-files it as a new set of issues; however, the majority of the case is structurally the same, they just took out the evidence they were using. This fiasco does not appear to be any better than the previous pages of Lawfare.
(Via Politico) – […] The new indictment removes some specific allegations against Trump but contains the same four criminal charges, including conspiracy to defraud the United States. It’s a signal that Smith believes the high court’s immunity decision doesn’t pose a major impediment to convicting the former president.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions,” Smith’s team wrote in an accompanying court filing.
The development is unlikely to alter the reality that a trial in the case before the November election looks impossible. In fact, the new indictment could drag the case out further — defense attorneys often seek delays after prosecutors revise criminal allegations.
Both sides face a Friday deadline to propose next steps to U.S. District Judge Tanya Chutkan, the Biden appointee who is overseeing the proceedings in the trial court. Chutkan has scheduled a Sept. 5 hearing to set a course for the case. (read more)
