Ex-prosecutor highlights ‘money line’ in Jack Smith’s new filing that could impact Trump’s criminal case

Donald Trump has pleaded not guilty to the initial 2023 indictment and consistently denied any misconduct
PUBLISHED SEP 2, 2024
Special counsel Jack Smith filed a new indictment against Donald Trump over his efforts to undo the 2020 presidential election results (Getty Images)
Special counsel Jack Smith filed a new indictment against Donald Trump over his efforts to undo the 2020 presidential election results (Getty Images)

WASHINGTON, DC: According to a former prosecutor, the "money line" in Special Counsel Jack Smith's recent filing in the DC election subversion case against Donald Trump is pivotal, and will likely resolve a significant matter in the criminal proceedings.

Over the weekend, former federal prosecutor Glenn Kirschner emphasized a new submission by Jack Smith in the case presided over by Judge Tanya Chutkan. The legal analyst noted that the joint filing came at the judge's instruction.



 

 In the wake of the Supreme Court's ruling on presidential immunity, special counsel Jack Smith filed a new indictment on Tuesday, August 27, against Trump over his efforts to undo the 2020 presidential election results.

The charges against the former president remain the same but the new indictment narrows the allegations against him.

What did Glenn Kirschner say about the new court filing against Donald Trump?

"There's a new court filing in Donald Trump's criminal case in Washington, DC, the case in which he's indicted on four felony counts for trying to overturn the results of the 2020 presidential election," Glenn Kirschner said.

"And in that court filing, there is one sentence that holds the answer to the question, 'Will the American people get to learn more about Donald Trump's January 6 crimes before they have to go to the polls on November 5?'"

WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Drew Angerer/Getty Images)
 Special counsel Jack Smith filed a new indictment on  August 27, 2024, against Donald Trump over his efforts to undo the 2020 presidential election  (Drew Angerer/Getty Images)

Following Smith's recommendation for the court to examine presidential immunity issues before proceeding with the case, Kirschner emphasizes what he believes to be the most crucial sentence in the submission.

"The article goes on to quote what I would call the 'money line' in this new joint court filing," he said, before quoting the line: "The Government proposes that it file an opening brief in which it will explain why the immunity set forth in Trump does not apply to the categories of allegations in the superseding indictment or additional unpled categories of evidence that the Government intends to introduce at trial and will proffer in its brief," prosecutors wrote.

Kirschner added this sentence "will determine" whether Americans get more information on Trump's alleged misdeeds related to the 2020 election, as per Raw Story

Donald Trump charged with four federal counts in 2020 election subversion case

Donald Trump remains charged with the same four federal counts, including conspiracy to defraud the United States, as outlined in a charging document that details an alleged scheme to overturn the 2020 presidential election results, WSGW reported.

He has pleaded not guilty to the initial 2023 indictment and has consistently denied any misconduct.

The recent 36-page indictment is founded on a more precise collection of purported criminal activities, and prosecutors have stated it “reflects the government’s efforts to respect and implement the Supreme Court’s holdings".

Former President Donald Trump made several verbal gaffes during the Philadelphia MAGA rally (Anna Moneymaker/Getty Images)
Former president Donald Trump faces four federal charges for allegedly trying to overturn his 2020 election loss (Anna Moneymaker/Getty Images)

While the initial indictment's allegations are largely retained in the new document, significant omissions are present, such as the former president's interactions with Justice Department officials and discussions with White House staff preceding the Capitol assault on January 6, 2021.

Friday's filing indicated that Trump's team plans to submit additional motions to dismiss the new indictment, arguing that the former president is still immune from prosecution for certain actions cited in Smith's recent indictment.

These actions include social media posts, public statements, communications with state officials, and interactions with former Vice President Mike Pence. Judge Chutkan has previously rejected several of Trump's dismissal requests.

It is now up to Judge Chutkan to decide how to apply the Supreme Court's ruling to the charges against Trump.

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