The Daily The Legal Strategy Behind the Latest Trump Indictment
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Aug 8, 2023 
Charlie Savage, a Washington correspondent for The New York Times, dives into the unprecedented legal strategy behind Donald Trump's indictment over the 2020 election. He explains how special counsel Jack Smith is employing unique legal approaches, layering multiple charges while avoiding free speech complications. The conversation also touches on the complex interplay of political speech rights and how Trump's team might defend against the charges. Ultimately, Savage highlights the challenges of navigating a politically charged legal landscape.
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Indictment Structure
- Jack Smith's indictment uses a unique structure, presenting a single narrative about Trump's alleged election subversion efforts.
- This narrative is then analyzed through multiple legal lenses, resulting in several charges.
Belt and Suspenders Strategy
- The special counsel employed a "belt and suspenders" approach by layering charges.
- This redundancy mitigates the risk of the entire case collapsing if individual charges fail.
Omitted Charges
- The indictment omits charges like incitement and sedition, likely due to First Amendment complexities and existing evidence.
- This strategic omission avoids potentially weaker areas that could jeopardize the overall case.