Special counsel Jack Smith has reintroduced the question of Donald Trump’s attempt to overturn the 2020 election into the high-stakes final phase of this year’s White House race.
In an effort to revive his case after the Supreme Court’s immunity ruling weakened his initial indictment, Smith has shown his commitment to holding the former president accountable, even though no trial will occur before Election Day.
Should Trump win in November, he would not only regain the nation’s highest office but also acquire the power to stop this and another federal case against him, potentially avoiding any sentences that could include jail time if convicted.
Supreme Court’s immunity
The Supreme Court’s decision earlier this summer to grant Trump immunity from criminal prosecution for some presidential actions was a pivotal moment in its history, with significant consequences for the US government system. Many scholars criticized the decision, arguing that it seemed to grant excessive unchecked powers to the presidency, contrary to the intentions of the country’s founders.
Democratic nominee Kamala Harris criticized the decision in her convention speech last week, expressing concern about the extent of power such a scenario would grant and how the former president might use the presidency’s vast powers without constraints.
Smith’s action also introduces significant political, legal, and constitutional implications at a crucial national moment, just 10 weeks before an election that could dramatically reshape the country and potentially test its institutions to their limits.
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What are the charges against Trump?
Regarding the new indictment, the facts and evidence of Smith’s case remain unchanged. The indictment continues to charge Trump with conspiracies to defraud the government system that counts election votes and to corrupt and obstruct the process of certifying Joe Biden’s victory. It also accuses him of conspiring against the fundamental right of citizens to vote and have their votes counted.
In response to the Supreme Court ruling, Smith has removed allegations that Trump used the Justice Department to advance his claims of electoral fraud. He has recharacterized much of the remaining alleged conduct as that of a “candidate” rather than a president acting in an official capacity to address the core issue of the court’s ruling.
However, the case still faces significant challenges. Presiding District Court Judge Tanya Chutkan must interpret the high court’s ruling to determine which evidence will remain admissible. The ex-president’s legal team is expected to contest Smith’s case at every opportunity and utilize every appellate option available.
Despite the initial delays in the January 6 federal case, Trump’s camp could not prevent his conviction in a hush money case related to the 2016 election and a massive fraud judgment against him, his firm, and his adult sons in New York. Trump was also found liable for defamation in a separate case involving sexual assault allegations by writer E. Jean Carroll. However, a Trump-appointed judge in Florida recently dismissed Smith’s classified documents case against Trump, with the special counsel appealing this decision. Additionally, another election meddling case in Georgia has experienced multiple delays. Trump has pleaded not guilty to all charges in these cases.
Political importance of new indictment for Trump
The political importance of Smith’s renewed effort to make Trump face unprecedented accountability for his actions adds a new layer to the former president’s encounter with the Democratic replacement nominee, Harris.
The updated indictment will reintroduce the issue of Trump’s alleged criminality and autocratic tendencies to voters, especially after his extensive legal troubles had diminished as a major factor in the campaign due to the uproar over Biden’s disastrous debate performance, his subsequent withdrawal from the race, and Harris’ impressive start to her own campaign. Although the case is unlikely to reach trial before the election, any effort by Smith to conduct evidentiary hearings in the coming weeks could generate fresh news coverage regarding Trump’s alleged criminality as early in-person and absentee voting begins.
Being indicted again in the midst of a presidential campaign would typically be seen as a disqualifying mark for most candidates. However, Trump has previously used his criminal issues to reinvigorate his campaign, particularly during the Republican primary. The new indictment arrived almost exactly one year after he was booked in an Atlanta jail and had a mug shot taken, which his campaign turned into a symbol of defiance.
Is Trump’s campaign struggling?
Trump has recently struggled to gain momentum for his campaign against a new Democratic opponent. The ex-president’s legal troubles had not been a major focus in the election race in recent months. Yet, as soon as the new Smith charges were filed, Trump’s team reverted to their familiar strategy, reviving the central narrative of his campaign for a second term—falsely claiming that he is a victim of election interference by a politically motivated Biden Justice Department. He accused Smith of attempting to “resurrect a ‘dead’ Witch Hunt in Washington, D.C., out of desperation” and suggested that the new indictment was another attempt at election interference meant to divert attention from the “catastrophes Kamala Harris has inflicted on our Nation.”
New challenges for Harris
The resurgence of Trump’s legal troubles presents new challenges for Harris. She has dedicated the initial weeks of her White House campaign to addressing the struggles Americans have endured due to high grocery prices, aiming to address one political vulnerability and position herself as a candidate representing generational change compared to Trump.
While the vice president has not been as explicit as Biden in framing her campaign as a battle for the nation’s soul, she did use Trump’s legal issues last week to depict him as an “unserious man” whose return to the Oval Office would lead to “extremely serious” consequences.
The recent Trump indictment also supports Harris’s message that Americans have a “precious, fleeting opportunity” to move beyond the discord, cynicism, and chaos of the Trump years towards a more hopeful future. However, her campaign might be concerned that some moderate, swing voters could perceive another indictment of the former president as excessive.
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