Jack Smith launches final pre-election moves with Trump indictment, and appeal

The potentially fatal blows to Trump’s two federal indictments have indefinitely delayed both cases.

That’s in Trump's favor -- His strategy always has been to push the criminal trials beyond the 2024 election

⭐️The Florida classified documents qcase was tossed out when U.S. District Judge Aileen M. Cannon ruled that Smith was unlawfully appointed
— a surprise decision that Smith, and many outside experts, say ignores clear legal precedent and long-standing government practice.


It could take months for the U.S. Court of Appeals in the 11th Circuit to decide whether to uphold or overrule Cannon’s decision.

And whatever the 11th Circuit rules is likely to then be brought before the Supreme Court.

⭐️In D.C., the federal election interference case is now back before Judge Tanya S. Chutkan.

She must decide whether, based on the Supreme Court ruling, Trump can be prosecuted for the actions alleged in the #superseding #indictment.

Both Trump’s attorneys and the special counsel are likely to challenge Chutkan if she rules against them,
with even the whittled-down indictment destined to become the subject of protracted legal battles.

Those battles, too, may have to be settled by the Supreme Court
— another process that could extend well into next year.

https://www.washingtonpost.com/national-security/2024/08/30/jack-smith-trump-indictment-appeal-legal-analysis/

Donald Trump's #mental #state appears to have further #deteriorated since last night’s news about a new grand jury’s #superseding #indictment of him on charges of trying to overthrow the 2020 presidential election.

Over the course of about four hours this morning, Trump #posted #50 #times on his social media platform, mostly reposting material that was associated with #QAnon, #violent, #authoritarian, or #conspiratorial. 

🔸He suggested he is “100% INNOCENT,” and that the indictment is a “Witch Hunt.”
🔸He called for trials and jail for special counsel Jack #Smith, former president Barack #Obama, and the members of Congress who investigated the January 6, 2021, attack on the U.S. Capitol.
🔸And he reposted a sexual insult about the political careers of both Vice President Kamala #Harris and former Secretary of State Hillary #Clinton.

Meanwhile, Trump’s campaign has today escalated the fight about Trump’s photo op Monday at #Arlington #National #Cemetery, where campaign staff took photos and videos in Section 60, the burial ground of recent veterans, apparently over the strong objections of cemetery officials.

Then the campaign released photos and a video from the visit attacking Harris. 

A statement from the Arlington National Cemetery reiterated:
♦️“Federal law prohibits political campaign or election-related activities within Army National Military Cemeteries, to include photographers, content creators or any other persons attending for purposes, or in direct support of a partisan political candidate's campaign. ♦️
⭐️Arlington National Cemetery reinforced and widely shared this law and its prohibitions with all participants.
We can confirm there was an incident, and a report was filed.”

Arlington National Cemetery was established on the former property of General Robert E. Lee in 1864,
after the Lee family did not pay their property taxes.
At the time, Lee was leading Confederate forces against the United States government, and those buried in the cemetery in its early years were those killed in the Civil War.
The cemetery is one of two in the United States that is under the jurisdiction of the U.S. Army, and it is widely considered hallowed ground.  

https://heathercoxrichardson.substack.com/p/august-28-2024

New Trump indictment salvages Trump election obstruction case after Supreme Court immunity ruling

Special counsel #Jack #Smith filed an updated indictment Tuesday against Donald Trump in a bid to #salvage and #strengthen the historic #election #obstruction #case,
following a Supreme Court ruling that granted broad #immunity to presidents for official acts and sharply criticized the prosecutor’s approach.

The #superseding #indictment comes as a critical window was closing for Smith. -- In about 10 days, a Justice Department policy known as “the 60-day rule” will take effect -- forestalling any new filing of charges against the former president.

In a written notice to the court, Smith said that the indictment was
🔸filed “by a new grand jury that had not previously heard evidence in this case” and that it
🔸“reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.”


Trump faces the same four charges related to his alleged attempts to overturn Joe Biden’s 2020 election victory.

Smith said he will not seek to have Trump arraigned again on the new version of the indictment and still expects to make a joint proposal with the former president’s defense lawyers this week about how to schedule new pretrial hearings

https://www.washingtonpost.com/national-security/2024/08/27/trump-dc-indictment-new-charges-jan-6/