A High Court Indictment of the 2020 Presidential Election Case: Special Counsel Jack Smith and the 11th Circuit Court of Appeals [J. Cannon vs. Chutkan]
Jack Smith says that the case against Donald Trump was thrown out by a District Court Judge since he did not admit to any wrongdoing.
In a brief filed with the 11th Circuit Court of Appeals, Smith says Judge Cannon was also mistaken in ruling that the process used to appoint the Special Counsel was unconstitutional.
Smith writes that the history and precedent of special-counsel appointments by attorneys general and congress confirm those authorities. Special Counsels have been appointed by Attorneys’ General for more than 150 years, Smith points out, and were used after the Civil War to prosecute Jefferson Davis for treason and a conspirator involved in the assassination of President Lincoln.
Trump’s lawyers have 30 days to file their reply to Smith’s brief. Smith wants to schedule oral arguments in the case of significant public importance and believes that they will assist the court in its decisional process.
The indictment was presented to a different grand jury, which did not hear evidence in the case. The papers say the new indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.”
The Justice Department will not insist on Trump making an in-person appearance to be entered into court on the new indictment, according to a new court filing. The Justice Department said it will confer with Trump’s lawyers and try to come up with a joint proposal for how to proceed in the case. Judge Chutkan asked for an update by Friday.
Special counsel Jack Smith has been consulting with other officials inside the Justice Department for weeks about the case, which accuses then-President Trump of leading a conspiracy to overturn the 2020 presidential election and disenfranchise millions of voters. Three years ago, a cascade of attacks on police officers at the U.S. Capitol were linked to the scheme.
Trump has denied all charges. His lawyers have said Trump’s words and actions on and before Jan. 6, 2021, amounted to legitimate inquiry about possible election fraud. The Supreme Court mostly sided with Trump and granted him immunity from prosecution for certain acts that are core to his official duties.
The case where Trump was accused of using the Justice Department to pursue false theories of voter fraud was specifically carved out of the high court ruling. Many critical questions were left open by the opinion.
There’s no chance the case will be tried before Election Day in November. And if Trump prevails, he could direct his appointees at the Justice Department to drop it next year.