Jack Smith’s effort to salvage his case against Trump with a new indictment after a major setback at the Supreme Court looks more like a political stunt than a serious legal strategy, experts told the Daily Caller News Foundation.
Smith’s superseding indictment filed Tuesday included the same four original charges, only without portions the Supreme Court explicitly held that Trump is immune from being prosecuted for as a former president, such as his interactions with the Department of Justice (DOJ), and updated to emphasize the personal, not official, nature of Trump’s actions. With the odds for a pre-election trial essentially zero and his case potentially coming to a decisive end pending the results in November, legal experts told the DCNF Smith’s efforts are likely doomed to fail.
“You could say this indictment is potentially his swan song,” former federal prosecutor Andrew Cherkasky told the DCNF, noting there is “no legitimate legal requirement” for Smith to bring the indictment so close to the election.
“The DOJ ordinarily pauses prosecutions of political candidates 60 days ahead of the election,” Cherkasky continued. “If Trump is elected, Smith and his cases are undoubtedly thrown away and Smith is likely to head back to The Hague where he was before being appointed as a special prosecutor by [Attorney General Merrick] Garland.”
Cherkasky said Smith’s new indictment appears designed “to interject one more round of condemnation of President Trump in order to sway public opinion.” […]
— Read More: thelibertydaily.com
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