Criminal lawyer Bill Brennan said Tuesday that special counsel Jack Smith's decision to file additional indictments in former President Donald Trump's 2020 election interference case was a wise one.

new Indictment The indictment, which contains the same four conspiracy and obstruction counts as the original indictment, was filed following a Supreme Court ruling in July that gave the president immunity from prosecution for his official duties while in office. Brennan, who previously defended Trump, said on “The Lead with Jake Tapper” that the indictment was a “smart move” because while the original indictment may have violated presidential immunity, the abridged indictment may not. (Related article: Jack Smith asks appeals court to reinstate Trump Papers lawsuit, defends special counsel position)

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“This is a really smart move by Jack Smith. Whether this move will survive remains to be seen, but it's a clever one,” Brennan said.

“I think the lawyers for former presidents, and they're all very competent, will argue, 'It's basically the same old indictments being reported as new. The case has already been decided and this doesn't change anything,' and it will probably come down to whether what remains in the indictment falls outside the core area, the boundaries, of the Supreme Court's recent ruling on presidential immunity,” he added. “So that's really the crux of the matter. If there are charges that lead to presidential immunity, that would be a problem for Mr. Smith. If there are charges that don't fall within that area, Mr. Smith may be able to survive.”

The charges include one count of conspiracy to defraud the United States, one count of conspiracy to obstruct official business, one count of obstruction and attempted obstruction of official business, and one count of conspiracy to violate human rights. Trump was originally indicted on the same four charges in August 2023.

Smith recently asked Judge Tanya Chutkan to postpone the case for a short time, citing that the government is still assessing the impact of the presidential immunity ruling. Judge Chutkan agreed to postpone the hearing, which was scheduled for August 16, to September 5 and to change the deadline for both sides to submit their proposed pretrial schedules.

Florida prosecutor Dave Aronberg suggested Monday that Smith may be delaying the case to hide his strategy from Trump's legal team.

“Maybe Jack Smith doesn't want the defense to see his cards, he doesn't want the defense to see witnesses in preparation for an eventual trial if Trump doesn't win,” Aronberg said. “That could be one reason.”

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