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Special Counsel Re-Indicts Donald Trump With New Charges Despite Supreme Court's Immunity Decision

R
August 28, 2024

Smith's new indictment, backed by a fresh grand jury, shows his commitment to pursuing Trump’s alleged wrongdoing.

A United States' Special counsel, Jack Smith, has reintroduced charges related to Donald Trump’s attempt to overturn the 2020 election, despite the Supreme Court's recent ruling limiting his initial indictment. 

 

Smith's new indictment, backed by a fresh grand jury, shows his commitment to pursuing Trump’s alleged wrongdoing.

 

“I think this is basically Jack Smith saying, ‘I still got this,’” said former FBI Deputy Director Andrew McCabe after Smith filed the modified indictment on Tuesday.

 

This legal maneuver emphasises Trump’s substantial personal investment in the 2024 election. Winning would not only restore him to the presidency but also enable him to halt this and another federal case, potentially avoiding jail time if convicted. 

 

“This is a very big year, it is a very important election,” former federal prosecutor Ankush Khardori noted. “This case is at stake in the election, because if Trump wins, it is going away. If Trump loses to Harris, this case is going to proceed to some sort of conclusion.”

 

The Supreme Court’s decision this summer, which granted Trump partial immunity for his presidential actions, has been highly controversial. 

 

Critics argue it grants excessive unchecked power to the presidency. Kamala Harris condemned the ruling, saying, “Consider, the power he will have … Just imagine Donald Trump with no guardrails.”

 

Smith’s revised indictment charges Trump with conspiring to defraud the government and obstruct the certification of Joe Biden’s victory. It also accuses Trump of plotting against the fundamental right to vote. 

 

Smith removed allegations of Trump using the Justice Department for fraud claims, framing the conduct as that of a “candidate” rather than a president.

 

The case faces significant hurdles, including Judge Tanya Chutkan’s interpretation of the high court’s ruling on admissible evidence. Trump’s legal team will challenge Smith’s efforts vigorously. 

 

Maryland Rep. Jamie Raskin defended Smith’s actions, saying, “Jack Smith is playing the cards he’s been dealt by Donald Trump and by Trump’s supporters on the Roberts Court who have made this go as slow as possible.”

 

Despite delays in the January 6 case, Trump faces convictions in other cases, including a hush money case and a massive fraud judgment in New York. A Trump-appointed judge recently dismissed Smith’s classified documents case, though an appeal is underway.

 

Smith’s latest indictment revitalizes the focus on Trump’s alleged criminality as Kamala Harris gains traction in the presidential race. The indictment, while unlikely to reach trial before the election, may generate renewed media coverage and influence voters as early voting begins.

 

Trump has leveraged his legal troubles to energize his campaign, accusing Smith of reviving a “dead” investigation. His new indictment comes nearly a year after his Atlanta mugshot, which his campaign used as a symbol of defiance.