George Washington University law professor Jonathan Turley said on Wednesday that special counsel Jack Smith has “stretched the law” by handing over a superseding indictment against former President Donald Trump.
The indictment, filed on Tuesday night, includes the same four charges as Smith’s initial indictment handed down on August 1, 2023, in relation to Trump’s alleged interference in the 2020 election. Turley said on Fox News’ “America Reports” that Smith has “always played right up the margin” in his past legal cases, even causing his case against former Republican Virginia Gov. Bob McDonnell to be vacated by the Supreme Court.
“This is vintage Jack Smith. He has always played right up to the margin in cases, and at times he has crossed over. He was reversed by the U.S. Supreme Court on probably his previous most famous case because he stretched the law, and that has been a signature of his, and I think he’s still doing it,” Turley said.
Smith prosecuted McDonnell and his wife, Maureen, for allegedly violating federal bribery law by accepting luxury gifts from a businessman in exchange for promoting his dietary supplement. The Supreme Court overruled McDonnell’s conviction in a unanimous decision on September 8, 2016, ruling McDonnell’s actions were distasteful, but not a federal law violation.
Turley said Smith simply tweaked the original indictment without any major changes in order to remove parts that are considered “official acts” taken by the now-former president on January 6, 2021. The Supreme Court ruled in a 6-3 decision that a president is immune from prosecution regarding “official acts” taken during their presidency in a July 1 ruling, requiring Smith to consider which aspects in the indictment could be classified as an official act.
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“It reminded me, I was once at my favorite Italian beef stand in Chicago, a woman asked for a low-cal option, and the owner cut the sandwich in half and charged her the full amount. And I think that’s basically what this is, he’s basically charging the full amount, there’s just less product,” Turley said.
Trump claimed in a Truth Social post on Tuesday that Smith and the Department of Justice have violated its own policy that mandates the agency should not take any action that may influence an election within 60 days of that election. Turley said Attorney General Merrick Garland will not enforce that rule against Smith and that the special counsel does not “feel bound” by the mandate.
Smith charged Trump with one count of conspiracy to defraud the United States, 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. The special counsel omitted allegations related to Trump’s “attempt to leverage the Justice Department” and conversations the then-president had with House Minority Leader Kevin McCarthy and his White House advisers.
The updated indictment further emphasizes Trump’s alleged attempts to “pressure state and local officials” and “submit false slates of electors.”
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