Jack Smith ‘So Cunning’ With Judge Chutkan Request: Lawyer

Prosecutor Jack Smith was “cunning” in his decision to file a new indictment with Judge Chutkan against Donald Trump in the election interference case, according to a legal expert.

Smith filed a superseding indictment in the federal election case on Tuesday. The new indictment accuses Trump of the same four felony counts that he was indicted on in August 2023, but narrows and reframes the allegations against the Republican presidential nominee after a Supreme Court ruling that conferred broad immunity on former presidents.

Specifically, the indictment has been changed to remove allegations that Trump used Justice Department officials to commit the crimes he is accused of, after the Supreme Court ruled that was official conduct. Meanwhile, a list of unnamed co-conspirators has been trimmed, and the phrase “private attorney” now describes the unindicted lawyers who allegedly helped Trump pressure officials to overturn results.

It also removes all references to Trump as the 45th President of the United States and instead refers to him as a “candidate for President.”

Ultimately, the new indictment, which was “presented to a new grand jury that had not previously heard evidence in this case,” according to a spokesperson for the Special Counsel, hones in on the “unofficial, private conduct by Trump that the Supreme Court has said is fair game for prosecutors to pursue,” legal analyst Joyce Vance said in a Substack post.

“So smart, so cunning on the Special Counsel’s behalf,” Attorney Michael Popok said in a video posted to the YouTube channel of left-wing media organization MediasTouch.

“I love this superseding indictment for so many reasons,” he added. “He did it sort of on the downlow. He paneled a grand jury, he presented evidence to the grand jury, and then returned an indictment, and nobody knew about it until today. That’s gangster.”

When asked to comment on the remarks, Trump’s campaign directed Newsweek toward comments made by the former President about the case on social media.

“This is merely an attempt to interfere with the election, and distract the American People from the catastrophes Kamala Harris has inflicted on our Nation,” Trump wrote on Truth Social following the announcement of the indictment.

He also baselessly accused the White House of orchestrating the case against him.

“This ridiculous political HOAX, which most thought was already won by me, comes right out of the White House and DOJ, and is being pushed by Kamala Harris and Crooked Joe Biden against their political opponent, ME,” Trump wrote.

The new indictment came after Smith earlier this month sought a monthlong delay in the case. D.C. District Court Judge Tanya Chutkan had previously scheduled an August 16 hearing to clarify a path forward for the case after a Supreme Court ruling. Trump’s legal team did not object to the motion and his request was granted by Judge Chutkan.

According to Popok, Smith asked for delay because “he had no intention of using the same indictment.”

Trump will need to be arraigned on the new indictment before anything further can happen in the case.

The former President has denied all charges against him. He is accused by Smith of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempting to obstruct an official proceeding and conspiracy against rights in connection with an alleged pressure campaign against Mike Pence and state officials to reverse the 2020 election results.

Lawyers for Trump appealed the indictment, claiming the former president was acting within his official duties as president and therefore should be immune from criminal prosecution.

In July, the Supreme Court ruled that former presidents have some immunity from criminal prosecution for “official” actions, meaning that Trump could dodge some charges for his alleged plot to overturn the result of the 2020 election.

“In dividing official from unofficial conduct, courts may not inquire into the President’s motives,” the ruling read.

It is unclear if Trump could go on trial during his term if he is elected as president in November.

If elected, he would be the first person convicted of a felony to serve as U.S. president after he was found guilty in a hush money case earlier this year.