Podcast Summary
Trump indictment update: A new indictment was handed down, affecting Trump's interactions with the DOJ, deleting some allegations but adding new ones, and the Supreme Court's immunity decision remains crucial.
A new superseding indictment was handed down by a DC grand jury in response to the Supreme Court's immunity decision, which affects the allegations against Donald Trump regarding his interactions with the Department of Justice. The indictment deletes some allegations related to core presidential functions, but adds allegations regarding other official acts outside of those functions. The strict test set by the Supreme Court for rebutting immunity remains in place. The teams for both Trump and the prosecution are due to propose pre-trial proceedings this week, making the timely return of the indictment necessary.
Presidential immunity rebuttal: The superseding indictment in the Jack Smith case removes instances of the president acting in an official capacity and adds clear language stating that co-conspirators acted in their private capacity to rebut the presumption of official immunity for the president's interactions with executive branch officials.
The superseding indictment in the case of Jack Smith focuses on subtractions and additions to address the Supreme Court's ruling on presidential immunity. The indictment deletes instances of the president acting in an official capacity, such as conversations about election fraud with the Department of Justice and Vice President Pence. Instead, it emphasizes Trump's attempts to remain in power. Additionally, it adds clear language stating that other co-conspirators were acting in their private capacity. These changes aim to rebut the presumption of official immunity for the president's interactions with executive branch officials.
Trump's official duties vs personal role: The recent indictment clarifies Trump's official duties as President vs his personal role as a candidate during the 2020 election, affecting the trial's outcome as only official acts can be challenged if he's re-elected. Vice presidency's unique role adds complexity.
The recent superseding indictment in the ongoing investigation into former President Trump's actions regarding the 2020 presidential election focuses on distinguishing between his official duties as President and his personal role as a candidate. The indictment emphasizes that Trump's intervention in a Pennsylvania lawsuit, his January 6 speech, and his lack of official responsibilities related to certification and elector convening were all in his personal capacity and not official acts. This distinction is crucial as it affects the trial's outcome, as only official acts can be rebutted if Trump is re-elected. Additionally, the vice presidency's unique role as being part of both the legislative and executive branches adds complexity to understanding Trump's actions during the certification process. Overall, the indictment aims to clarify the scope of Trump's official duties and personal involvement in the election-related events.
Trump investigation: The Supreme Court decision curtailed the investigation into Trump's election actions, but the core allegations still stand and require proof of knowledge and falsity.
The scope of the ongoing investigation into former President Trump's actions regarding the 2020 election has been curtailed due to a Supreme Court decision. However, the core allegations against Trump, including conspiracy to defraud the government, obstruction of official proceedings, and violation of civil rights, still remain. These allegations require proof that Trump knew there was no significant election fraud and that his claims were false. The detailed letter from the Special Counsel outlining the charges aims to provide a cleaner canvas for the legal proceedings and removes potential arguments about tainted evidence. The new grand jury can be given sanitized evidence and instructed on the updated laws. From a defensive perspective, this letter removes an issue from the table.
Trump indictment additions and deletions: The DC grand jury's indictment against Trump includes both deletions and additions, indicating probable cause for multiple felonies. Trump's team is expected to argue for immunity, and the process may be iterative with more information to come.
The recent superceding indictment against former President Trump by the DC grand jury is significant because it not only includes deletions but also additions, meaning the grand jury has made findings based on probable cause for both. This marks the fifth grand jury to find probable cause that Trump committed multiple felonies. The parties will present proposals on how to proceed on Friday, and it's expected that Trump's team will seek legal briefing before anything else. Trump is likely to argue that the allegations in the indictment still constitute official acts for which he is immune. The process is expected to be iterative, and more information will be known on Tuesday. The Supreme Court has left open the door for the government to rebut any presumption of official acts by showing that Trump's conduct was in his personal capacity or about things he had no responsibility for. The outcome of the legal proceedings will be closely watched, and we will keep you updated on the developments.
New indictment against Trump: Prosecutor Jack Smith returns with updated indictment against Trump, providing new information in a filing, listeners can engage with the case through voicemail or email, podcast series 'Prosecuting Donald Trump' available on various platforms
The prosecutor, Jack Smith, has returned with a new and superseding indictment against Donald Trump. This new indictment replaces the previous one and includes new information. Smith has explained the reasons for this in a filing that is available, along with the original indictment and the new one, in the show notes. Listeners can submit questions about the case by leaving a voicemail or sending an email. The production team for this podcast includes Max Jacobs, Jamaris Perez, Katherine Anderson, Bryce and Barnes, Aisha Turner, and Rebecca Cutler. The series "Prosecuting Donald Trump" can be found on various podcast platforms and followed for updates.