#JeffreyClark, #coconspirator 4, & #Trump's effort to commandeer #DOJ in support of his effort, have been removed.

[what? Maybe Clark flipped?]

#criminal #law #ElectionInterference #Jan6 #democracy

New Trump indictment tries to salvage case after Supreme Court ruling

Special counsel Jack Smith stripped out parts of Donald Trump’s Jan. 6 indictment that could conflict with the Supreme Court immunity decision.

The Washington Post

The new #indictment comes just 10 days before an unofficial #DOJ policy known as “the 60-day rule” would take effect forestalling any new filing of charges against #Trump.

#criminal #law #ElectionInterference #Jan6 #democracy

The new #SupersedingIndictment emphasizes #Trump’s mingling of official & private acts; which goes directly to #SCOTUS#immunity ruling.

#criminal #law #ElectionInterference #Jan6 #democracy

#Trump indicted again in election subversion case brought by #JackSmith

The 36-page #indictment, secured Tuesday by the special counsel, is an attempt to recalibrate the case after the #SCOTUS#immunity decision.

#criminal #law #ElectionInterference #Jan6 #democracy #SupersedingIndictment
https://www.politico.com/news/2024/08/27/trump-indicted-2020-election-subversion-00176503

The new document also eliminates a long list of top govt ofcls who had informed #Trump that his claims about election fraud & anomalies were false, including top #intelligence, #DOJ, #DHS ofcls & WH lawyers.

#criminal #law #ElectionInterference #Jan6 #democracy #SupersedingIndictment

Smith’s original 45-pg #indictment, unveiled last Aug, included claims that #Trump sought to use the #Justice Dept to advance what prosecutors contend was an unlawful & fraudulent effort to overturn #Biden’s victory. Those details, which #SCOTUS described as largely outside the reach of prosecutors, have been omitted from the new, shorter charging doc.

#criminal #law #ElectionInterference #Jan6 #democracy #SupersedingIndictment

The new #indictment …deletes all references to… fmr #DOJ ofcl #JeffreyClark.

Clark held a Senate-confirmed post as head of DOJ’s #Environmental & #NaturalResources Division [despite previously arguing for LESS regulation on carbon emissions] & was serving as the acting head of DOJ’s Civil Division [w/zero qualifications] at the end of the #Trump admin when Trump considered a plan to install Clark as acting AG.

#criminal #law #ElectionInterference #Jan6 #democracy #SupersedingIndictment

The #SupersedingIndictment strips out some charges in order to help it survive #SCOTUS’ recent ruling granting former presidents broad #immunity for *official* acts in office.

The new #indictment came just days before #Trump’s lawyers & prosecutors in the office of the #SpecialCounsel, #JackSmith, were scheduled to provide Judge #Chutkan who is overseeing the case w/their separate proposals for how to assess the impact on the case of the #SupremeCourt’s decision.

#criminal #law #Jan6

In its decision on #immunity, #SCOTUS ruled that #Trump could not face #criminal charges related to any of his interactions w/ #DOJ ofcls, finding that a president’s dealings w/the #Justice Dept were part of the core *official* duties of his office.

[You’d think #TheCrimeFraudException would render any dealings w/DOJ ofcls in furtherance of a crime “unofficial acts” FFS]

#law #ElectionInterference #Jan6 #democracy #SupersedingIndictment

@Nonilex You'd think that if you also thought that legal principles like the crime/fraud exception have anything to do with this, but if they did, the Supremes would never have ruled the way they ruled. Their ruling was a naked, unconcealed declaration of political alignment with Trump, nothing more or less. Therefore, good for Smith for continuing to fight the good fight and I respect him mightily for it, but all this means is that the new indictment will go back to the Supreme Court and he'll lose again, because the only jurisprudence the Supreme Court majority cares about is "Trump wins." I hate to be the gloomy "there's just no point" guy, and I'm usually not, but in this case the Supremes have made their position so crystal clear that I can't feel any other way.

The only way this gets fixed is if Harris gets elected, and also gets a big enough Senate majority to bump the Supreme Court up to 13 justices. I suppose that's possible if they get rid of the filibuster, but I'm not holding my breath.

@Nonilex Can that be an issue to raise in court? I'd imagine so, but the fact scotus apparently didn't address it, I'm just confused about why it wasn't addressed. Does no mention mean that it would be in play, and all Smith has to do is argue it with evidence?

@Bon_Jardin

He could probably argue it, but he knows w/this SCOTUS, they’ll make up some BS to rationalize not applying it to Trump.
Basically he’s streamlined the case to the elements that are undeniably outside the scope of “official acts” to leave the issue out of it. He probably figures there’s plenty of evidence of criminality w/regard to unofficial acts to convict Trump on the same charges.

@Nonilex Ah! yes! I forgot that these experts are already anticipating that blind justice will not be welcome there.
@Nonilex
Or maybe talking to the asst AG for environment and natural resources would only count if they were discussing an oil spill
@Nonilex this is such bad timing, he should have been indicted years ago! This is just going to help get his supporters into a frothing fury. I will never forgive the DOJ for taking so damn long on maybe the most important case in our country's history.