George Washington University (GWU) law professor Jonathan Turley detailed on Fox News on Tuesday why special counsel Jack Smith's new indictment against former President Donald Trump still “doesn't quite hold up.”
Special Counsel Smith filed additional indictments in President Trump's election interference case on Tuesday, narrowing the charges in response to a Supreme Court ruling that gives the president broad legal immunity for acts performed in official capacity. In the Bret Baier special report, Turley noted that even though Smith excluded contradictory evidence, “we do not believe that the primary issue against Mr. Trump has been resolved,” because some issues are protected by Supreme Court rulings. (RELATED: Jack Smith files indictment against Trump in 2020 election case)
“This is a shrinkflation indictment. The product is reduced, but the packaging is the same. What they've done is kept the four charges and removed all the evidence that clearly contradicts the Supreme Court's decision on presidential immunity. In my view, this indictment is poorly put together and doesn't solve the problem,” Turley said.
“For example, he includes as one of his four main charges communications with Trump and Pence, which are presumptively protected by Supreme Court decisions, and he also includes communications with members of Congress, which could also be problematic,” Turley continued. “The first two main theories have to do with state officials and the slate of candidates, the slate of alternative candidates that the Trump campaign was pushing. So he's not immune to the problems that many people still feel about this issue.”
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Turley went on to analyze one of the charges Smith decided to drop, calling the decision an “interesting” choice.
“Brett, the other thing that's interesting is he's maintaining the charge of obstruction of justice. There's a second case, the Fisher case, that dramatically narrows the scope in which prosecutors can bring this charge,” Turley said. “They basically have to allege tampering with evidence or destruction of evidence. It's not clear how he intends to resolve those charges.”
Prosecutions against the former president had been in doubt following the Supreme Court's ruling on Trump's immunity case, as it was expected the ruling could have ripple effects and cause delays and complications in litigation. According to To ABC News.
Smith's new indictment includes the original four charges filed against Trump in July, but removes allegations about Trump's “attempts to exploit the Department of Justice” and amends language about allegations that Trump acted outside of official duties.
“This indictment, presented to a new grand jury that has never previously heard evidence in this case, reflects the government's effort to respect and implement the Supreme Court's decision and remand instructions in Trump v. United States,” Smith said. Written By notification.
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