The Lawfare Podcast Lawfare Daily: Trump’s Trials and Tribulations, Trump Re-Indicted in the Jan. 6 Case
Aug 29, 2024
Joined by senior editors Anna Bower, Quinta Jurecic, and Roger Parloff, the discussion dives into the latest superseding indictment against former President Trump related to January 6. They dissect how this indictment varies from the original, especially concerning Trump's public statements and their legal ramifications. The complexities of candidate versus official role actions are explored, alongside the implications of Supreme Court decisions. Insightful analysis of social media evidence and potential legal strategies highlights the evolving landscape of Trump's legal battles.
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Indictment Removes DOJ-Related Charges
- The superseding indictment against Trump largely removes material related to Justice Department efforts due to immunity concerns.
- It carefully excludes conversations deemed official acts, narrowing the case to address Supreme Court rulings on presidential immunity.
Campaign vs. Official Acts Distinction
- Smith emphasizes Trump's campaign role over presidential role to distinguish unofficial from official acts.
- He stresses Pence's legislative role to argue Trump's interactions lacked immunity.
Smith's Immunity Strategy Explained
- Smith's argument frames many of Trump's actions as unofficial conduct not immune from prosecution.
- He asserts Trump had no official authority over the electoral count process, undermining immunity claims.