Criminal defense attorney Bill Brennan said on Tuesday special counsel Jack Smith’s decision to file a superseding indictment in former President Donald Trump’s 2020 election interference case was wise.
The new indictment consists of the same four conspiracy and obstruction charges as the original and was filed in light of the Supreme Court’s July ruling finding that presidents possess immunity from prosecution for official acts taken in office. Brennan, who previously represented Trump, said on “The Lead With Jake Tapper” that the superseding indictment is a “smart move” because the original may have violated presidential immunity, but this slimmer version may not.
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“It really is a smart move on Jack Smith’s part. Whether it’ll survive is unclear right now, but it is a slick move,” Brennan said.
“I think that the former president’s lawyers are all very competent, will file motions saying, ‘We basically got the same old indictment shined up reportedly as something new. That this case has been ruled on already, that this shouldn’t change anything.’ And it really probably will come down to whether or not what’s remaining in the superseding indictment is outside the perimeters, the heartland of the Supreme Court‘s recent ruling on presidential immunity,” he added. “I mean, that’s really where the rubber hits the road here. If there are charges that bring in presidential immunity, it’s going to be a problem for Mr. Smith. If there are charges that don’t go into that territory, then he may survive.”
The charges consist of one count of conspiracy to defraud the U.S., one count of conspiracy to obstruct an official proceeding, one count of obstruction of and attempt to obstruct an official proceeding, along with one count of conspiracy against rights. Trump was initially indicted on the identical four counts in August 2023.
Smith recently requested Judge Tanya Chutkan to slightly postpone the case, explaining that the government was still evaluating the effect of the presidential immunity ruling. Chutkan consented to delay a hearing slated for Aug. 16 to Sept. 5 and modify deadlines for both parties to file proposed pre-trial schedules.
Florida state attorney Dave Aronberg on Monday suggested that Smith may be delaying the case to hide his strategy from Trump’s defense.
“Jack Smith may not want the defense to see his cards. He may not want the defense to see the witnesses, be better prepared for the ultimate trial that’ll happen if Trump is not elected,” Aronberg said. “And so that may be part of it.”
Featured Image Credit: Gage Skidmore from Peoria, AZ, United States of America
