BOMBSHELL: Trump hit with NEW INDICTMENT
Summary
TLDRIn the latest 'Legal Breakdown', it's revealed that Donald Trump faces a superseding indictment in his DC case, maintaining the original four felony charges despite the Supreme Court's presidential immunity ruling. Prosecutor Jack Smith has meticulously revised the indictment to exclude any evidence that might contravene the new immunity standards, presenting a stronger case that could lead to a trial. The development is seen as a significant step towards holding Trump accountable for his alleged attempts to overturn the 2020 election results.
Takeaways
- π Donald Trump has been hit with a superseding indictment in his DC case, which includes the same four criminal charges from the initial indictment.
- π¨ The charges stem from Trump's alleged attempts to overturn the 2020 presidential election results.
- π‘ In response to the Supreme Court's ruling on presidential immunity, the new indictment has been carefully curated to exclude any evidence that could be seen as violating the ruling.
- π Prosecutor Jack Smith and his team have conducted a line-by-line comparison of the original 45-page indictment to ensure compliance with the Supreme Court's decision.
- ποΈ The new indictment is 36 pages long, with some evidence removed to respect the Supreme Court's ruling on immunity.
- π Removed evidence includes discussions Trump had with Department of Justice officials and a tweet from the Oval Office, which were considered as potentially within presidential duties.
- π Despite the removal of certain evidence, the four felony charges against Trump have been maintained as sound and prosecutable.
- π The case will now proceed to be litigated before Judge Chuin, who will determine if the new indictment meets the Supreme Court's standards.
- π The process may eventually go back to the DC federal circuit court of appeals and possibly to the Supreme Court again.
- π― The use of a new grand jury for the superseding indictment is a strategic move to ensure the case is not tainted by previous evidence that could be seen as inadmissible.
- π The timeline for the case may be extended slightly due to the new indictment, but the overall scheduling track is expected to remain the same.
Q & A
What is the significance of the superseding indictment against Donald Trump?
-The superseding indictment is significant because it maintains the same four felony charges against Donald Trump, despite the recent Supreme Court ruling on presidential immunity. It shows that the prosecution believes they have enough evidence to proceed with the trial.
How did the Supreme Court's ruling on presidential immunity affect the indictment?
-The Supreme Court's ruling led the prosecution to review the original indictment and remove any evidence or information that could be seen as violating the court's decision on presidential immunity. This resulted in a pared-down indictment of 36 pages, compared to the original 45.
What was the original length of the indictment against Donald Trump, and how did it change after the Supreme Court's ruling?
-The original indictment was 45 pages long. After the Supreme Court's ruling, the prosecution revised it to 36 pages, removing evidence that could be considered as violating presidential immunity.
What was an example of evidence removed from the indictment due to the Supreme Court's ruling?
-An example of evidence removed includes conversations Donald Trump had with Department of Justice officials, attempting to influence them to support his claims of election fraud, as the Supreme Court ruled that a president's core constitutional functions involve communication with the attorney general and Department of Justice officials.
Why was a new grand jury involved in the superseding indictment?
-A new grand jury was involved to ensure that the indictment was untainted by any evidence that the Supreme Court had deemed inadmissible. This prevents any potential legal challenges based on the grand jury having been exposed to inadmissible evidence.
What is the role of Judge Chuin in the ongoing case against Donald Trump?
-Judge Chuin is the presiding judge in the DC case against Donald Trump. She will review the new indictment and decide whether the charges and evidence presented by the prosecution meet the Supreme Court's standards on presidential immunity.
What is the current status of the case after the superseding indictment?
-The case is expected to proceed with the current schedule, with the next step being a hearing where Judge Chuin will decide on the admissibility of the charges and evidence. The prosecution has already suggested that Donald Trump does not need to be physically present for his arraignment on the new indictment.
How does the press release from Jack Smith's spokesperson reflect the approach taken by the prosecution?
-The press release is brief and to the point, indicating that the new indictment respects and implements the Supreme Court's holdings and remand instructions. It shows the prosecution's commitment to proceeding with the case in a manner that is legally sound and ethical.
What is the potential impact of the superseding indictment on the timeline of the case?
-The superseding indictment may cause a slight delay as the new information needs to be processed, and Donald Trump will have to be arraigned on the new charges. However, the prosecution does not expect a significant extension of the timeline, and the case is likely to remain on a similar scheduling track.
What are the implications of the prosecution's decision not to insist on Donald Trump's physical presence for arraignment?
-The decision not to insist on Donald Trump's physical presence for arraignment shows the prosecution's confidence in the strength of the charges and their willingness to proceed without additional procedural complications, which could further streamline the legal process.
Outlines
π Trump's Indictment Update: Supreme Court Ruling's Impact
The video script discusses the recent developments in Donald Trump's legal case in Washington D.C. Despite the Supreme Court's ruling on presidential immunity, a new superseding indictment has been issued against Trump, which intriguingly includes the same four criminal charges as the initial indictment. The discussion highlights the proactive measures taken by the prosecution, led by Jack Smith, to ensure the charges are airtight and in line with the recent court ruling. The script explains how the prosecution meticulously reviewed the original 45-page indictment, removing any evidence that could be seen as violating presidential immunity, resulting in a streamlined 36-page indictment. It also touches on the significance of presenting the case to a new grand jury, untouched by previous evidence that may have been affected by the Supreme Court's decision, and the strategic brilliance of this move to preempt any potential defense arguments.
ποΈ The Legal Process Post-Indictment: What's Next for Trump's Case?
This paragraph delves into the anticipated legal process following the new indictment against Donald Trump. It suggests that Judge Chuin, known for her experience in handling serious cases, is likely to support the prosecution's decision to proceed with the charges. The script outlines the potential steps, including the submission of joint proposals by the prosecution and defense regarding the admissibility of evidence, and the likelihood of the case moving through the federal court system, possibly reaching the Supreme Court again. It also addresses the different circumstances of the Florida prosecution, where most of Trump's alleged criminal acts occurred post-presidency, and the distinct legal strategies that may be employed there. The paragraph concludes by discussing the surprise element of the new indictment and the proactive approach taken by the prosecutor, Jack Smith.
π°οΈ Timeline and Implications of the Superseding Indictment
The final paragraph of the script provides insights into how the new superseding indictment might impact the timeline of the case. It mentions an upcoming deadline for the parties to submit proposals on the next steps in the trial, including the potential exclusion of evidence due to the Supreme Court's presidential immunity ruling. The script speculates that Judge Chuin may extend the timeline to accommodate the new indictment, requiring Trump's arraignment on the new charges. However, it is suggested that the prosecution may waive Trump's physical appearance for the arraignment, keeping the case on a similar scheduling track. The paragraph also discusses the implications of the new grand jury's involvement and the strategic move by the prosecution to present the case to jurors who have not previously heard potentially disallowed evidence, thereby avoiding potential legal challenges from Trump's defense.
Mindmap
Keywords
π‘Superseding Indictment
π‘Four Felony Charges
π‘Supreme Court Ruling
π‘Legal Breakdown
π‘Presidential Immunity
π‘Department of Justice Officials
π‘Oval Office
π‘Capitol
π‘Federal Court
π‘Judge Chuin
Highlights
Donald Trump received a superseding indictment in his DC case with the same four criminal charges as the initial indictment.
The indictment comes after the Supreme Court's ruling on presidential immunity.
All four felony charges against Trump remained intact despite the Supreme Court ruling.
The first indictment was 45 pages long detailing Trump's actions and statements.
Prosecutors reviewed and redacted the initial indictment to comply with the Supreme Court's immunity ruling.
The new indictment is 36 pages long after removing evidence that could violate presidential immunity.
Conversations with Department of Justice officials were removed as they could be seen as part of presidential duties.
Trump's tweets from the Oval Office were also redacted from the indictment.
Prosecutors believe the remaining evidence is sufficient to try and convict Trump.
The new indictment was presented to a new grand jury to ensure no tainted evidence was considered.
Prosecutors expect the case to be litigated before Judge Chuin and may eventually reach the Supreme Court.
The Florida prosecution case is in a different legal posture due to the timing of Trump's actions.
Jack Smith's team issued a press release explaining the superseding indictment and its compliance with the Supreme Court's holdings.
The use of a new grand jury is seen as a strategic move to avoid any potential bias from previous evidence.
The timeline for the case may be extended slightly to accommodate the new indictment and arraignment.
Judge Chuin is expected to review the charges and evidence proposed by Jack Smith in an upcoming hearing.
The superseding indictment does not necessarily delay the overall timeline of the trial.
Transcripts
you're watching the legal breakdown
Glenn we've got some bombshell news here
Donald Trump was just hit with a
superseding indictment in his DC case uh
but notably the four charges that he was
hit with are the exact same four
criminal charges that he was hit with in
his initial indictment can you explain
what's going on here Brian are you ready
for some good news on the legal front oh
oh how I've been yearning to hear those
words so in the aftermath of the Supreme
Court horrendous ruling on presidential
immunity we've all been waiting to see
will Jack Smith have to get rid of one
of the charges two of the charges three
of the charges will the indictment
against Donald Trump survive um this is
the indictment for him trying to
overturn the results of the 2020
presidential election and boy did we get
good news a new indictment was just
handed down by a brand new grand jury
different separate and distinct from the
first Grand Jury that returned the first
indictment against Donald Trump the
first indictment had four felony charges
against Donald Trump we were waiting to
see how many might drop out as a as a
result of the Supreme Court ruling guess
what none of them dropped out all four
felony charges remain here's some
important takeaways the first indictment
against Donald Trump on those four
felony charges it was 45 pages long
there was a whole bunch of stuff about
what Donald Trump said what Donald Trump
did that constituted the the various
crimes that were indicted against Donald
Trump so what Jack Smith and his team
did is they took the Supreme Court
absolute immunity ruling and they went
through every line every word every
charge of that first 45 page indictment
here's what they did Brian I've been
doing a line by line comparison they
pulled out any information any evidence
that might have run a foul of the
Supreme Court's absolute immunity ruling
but what they concluded was all four
criminal charges remain are sound and
can be prosecuted even after the Supreme
Court decision the new indictment for
criminal charges paired down to 36 Pages
let me give you an example of what they
took out so there was a lot of um talk
in the first indictment about
conversations that Donald Trump had with
his various Department of Justice
officials trying to you know we the
Department of Justice corrupt the
Department of Justice have the
Department of Justice send letters to
Battleground States saying oh there's
tons of fraud so let's just go with
alternate electors I'm taking Liberty
with the language there but a lot of
that does not survive the Supreme Court
ruling why because the Supreme Court
said well a president's core
constitutional functions involve talking
to his attorney general and his
Department of Justice officials so Jack
Smith said fine I will pull all of that
evidence out of the indictment and yet
there's still enough evidence even
redacting that stuff out to bring the
charge to try the case and to convict
Donald Trump this is really
exceptionally good news let me give you
another example in the first indictment
there was something about Donald Trump
tweeting from the Oval Office that we
love you you're very fine people he said
to the folks who were beating the hell
out of police officers at the Capal
um and so what Jack Smith did is he said
well that could be viewed as an official
presidential Duty tweeting out a message
to the masses from the Oval Office so
I'll pull it out but guess what it
doesn't undercut the four felony charges
on which Donald Trump is indicted so you
know this is an indication that Jack
Smith believes all four felony charges
survive the Supreme Court ruling and
he's ready to move in the direction of a
trial now with that said all of this was
done to make this indictment airtight
against Donald Trump and obviously all
four charges remain even even without
the added benefit of the other uh the
other evidence that could be perceived
as as uh as falling under the under the
realm of the uh the umbrella of the
immunity ruling but who's the final
Arbiter of whether this will indeed
satisfy the Supreme Court's new
threshold is that going to be judge
chuin is that going to be the Supreme
Court itself Brian you had to burst our
bub you had to bring us all down didn't
you I'm I'm a realist if because you're
teasing it up and you're making me tell
the viewers okay I'll take the bait we
all know that this is going to end up
back in front of the Supreme Court but
here's what Jack Smith will be able to
do first this is all going to be
litigated uh before judge chuin the
presiding judge in the DC case and Jack
Smith is going to make his argument that
judge we took out the stuff that could
be perceived as violating the Supreme
Court ruling on presidential immunity
and we still have plenty of evidence to
try and convict Donald Trump and then
judge chuckin in the first instance will
look at it and say yay or nay I have a
feeling given you know what I know of
judge chuckin from trying murder cases
against her when she was a public
defender back in the day and watching
her career as a federal court judge in
Washington DC she is going to be
persuaded by Jack Smith's imminently
supportable decision and then it's going
to go back to the DC federal circuit
court of appeals and back to the Supreme
Court this is still a really important
step albeit a step that is still three
or four steps removed from a jury being
uh seated in that Federal courtroom in
DC and Jack Smith's people giving their
opening statement on these four felony
charges Glen if Jack Smith had the
foresight to do this in the DC case all
the I mean he's been doing this for a
while presumably as soon as the immunity
ruling was handed down if because if the
superseding indictment was already laid
out today just a few weeks after the
immunity ruling was handed down
presumably we can assume that he got to
work on it almost immediately are we
likely to see the same thing happen in
the Florida prosecution I think that
case is in a different posture first of
all most of the criminal acts by Donald
Trump occurred after he left the
presidency so I don't think you have
necessarily the same factors that are at
play in the DC case when he committed
all these crimes while he was still
president even though many of them were
after he lost the election but he was
still in the white house until January
20th um and the cases are in a different
posture because Jack Smith just filed
his appeal of uh judge Canon's dismissal
her Lawless dismissal because it
violated Supreme Court precedent
dismissal of Donald Trump's classified
documents case so that is now being
litigated in the 11th Circuit Court of
Appeal so cases are in different
postures and the criminal charges arise
sort of under different circumstances
Glenn did it surprise you that Jack
Smith would take such a proactive step
here I mean I mean like I said before he
had to move quickly in order to do this
uh and I think it came as a surprise to
to most of us seeing this that all of a
sudden a superseding indictment was
dropped yeah I don't know if this is
going to make sense Brian but it caught
me by surprise but it didn't surprise me
because Jack Smith has been pushing as
fast as hard as aggressively ethically
so as I think a prosecutor can push and
can I share one more thing with our
viewers that just warmed this old
Prosecutor's Heart You Know Jack Smith's
press person is probably the person who
works the least in Washington DC because
they don't issue a whole lot of press
releases or make statements to the media
however to accompany this new indictment
we got a press release from Jack Smith's
spokesperson let me read it it's very
short today a federal grand jury in the
District of Columbia returned a
superseding indictment charging
defendant Trump with the same criminal
offenses that were charged in the
original indictment the superseding or
second subsequent indictment which was
presented to a new grand jury put a pin
in that that had not previously heard
evidence in this case reflects the
government's efforts to respect and
implement the Supreme Court's Holdings
and remand instructions here's why I
said put a pin in the fact that a brand
new grand jury who had not heard any
evidence previously was the grand jury
that returned this indictment this is a
stroke of
Genius after the Supreme Court said well
you know what you can't use evidence a
evidence B evidence c um against Donald
Trump for any reason and so that's the
stuff that Jack Smith pulled out of the
indictment but you know what Donald
Trump's lawyers would have yelled and
screamed if Jack Smith had not used a
brand new grand jury they would have
said wait a minute that first grand jury
heard all that offending stuff all of
that stuff that the Supreme Court said
has no business being presented to any
finder of fact when they're deciding
whether to indict Donald Trump or not so
Jack Smith in very forward-leaning
proactive fashion said fine I'm going to
present all the evidence to a new grand
jury but I'm not going to present the
stuff that the Supreme Court in
hindsight has said no grand jury should
have heard so this grand jury is
completely un tainted it was a brilliant
move that cuts off a line of attack that
I promise would have come from Donald
Trump's lawyers had Jack Smith not gone
down this path okay let's finish off
with this how does this impact the
timeline does the fact that a
superseding indictment was handed down
have to make a start from the beginning
or can we start from the immediate spot
that we're at right now in this trial uh
where are we yeah great question so we
have some concrete information that can
begin to answer that question first of
all this coming Friday judge chuin had
asked the parties the prosecutors and
the defense attorneys to submit a joint
proposal about what these hearings
should look like moving forward you know
what evidence do we think survives the
Supreme Court's presidential immunity
ruling and which evidence has to be
tossed out Jack Smith has gotten in
front of that so what I think will
happen is Judge chuin first of all will
probably say you know what I was going
to ask y'all to submit I had ordered you
all to submit these joint
recommendations to me this Friday and
then I was going to have you come into
court next week I think on September 5th
and we were going to begin talking about
this stuff I suspect you're going to see
an order from Judge chuin maybe even
supon before any of the parties ask her
or suggest that there should now be a
timetable or schedule she'll probably
say you know what we're going to extend
this by a couple of weeks because this
is new information Donald Trump has to
be arraigned on this indictment just
like he was arraigned that's a fancy
term for your Force first court
appearance when the judge reads you the
charges and put you on formal notice of
what you have just been indicted on I
suspect you're going to see that
arraignment date in the next week or two
however there's reporting that Jack
Smith has already said listen Donald
Trump's been arraigned once on a similar
indictment same for charges we will not
insist that he be physically present in
the courthouse when he is arraigned we
will wave his appearance so I don't
think you're going to have Trump pulled
back into federal court just to be
arraigned on his indictment and then
ultimately does this extend things
farther out into the future I think the
answer is no when a superseding
indictment is returned particularly on
the same four charges and the evidence
is paired down not even beefed up I
think we remain sort of on the exact
same scheduling track that this case is
on of course the next stop on the
scheduling track is to have that hearing
where judge chuin says yay or nay with
respect to all four of these charges and
the evidence Jack Smith proposes to
introduce to support or all four of
these charges okay well obviously a lot
to stay on top of here as this process
continues to play itself out but some
good news here some rare good news out
of the Trump trial happening in DC so
for those watching right now if you want
to follow along please make sure to
subscribe the links to both of our
channels are right here on the screen
I'm Brian teller Cohen and I'm Glenn
kersner you're watching the legal
breakdown
[Music]
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