In a recent development, former President Donald Trump and Special Counsel Jack Smith have presented contrasting views on the progression of the January 6 case.
The two parties filed a joint status report late Friday night, setting the stage for a status conference scheduled for September 5.
According to Gateway Pundit, this comes on the heels of Tuesday's indictment of President Trump by Jack Smith in DC. This is the second such indictment following the Supreme Court's ruling on presidential immunity. Last week, as reported by TGP, Smith decided against holding a 'mini trial' before the November election. Instead, he is meticulously revising the January 6 case against Trump in light of the Supreme Court's ruling on presidential immunity.
Smith's prosecutors presented evidence to a new grand jury to adjust the case after the Supreme Court ruled that Trump is immune from prosecution for 'official acts' during his presidency. The grand jury indicted Trump on the same four charges that were revealed last August: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump's legal team countered these charges, arguing that Trump is immune from federal prosecution for alleged 'crimes' committed during his tenure as US President. In Smith's indictment last August, prosecutors claimed that President Trump sought to use the DOJ to help him overturn the results of the 2020 election.
In the new 36-page indictment, Smith's prosecutors argue that Trump's actions were not 'official acts' because his rally was privately funded and "privately organized." Smith removed Trumps top DOJ official Jeffrey Clark from the superseding indictment based on the Supreme Courts immunity ruling.
In the new indictment, Federal prosecutors argued that Trump used his Twitter account for personal purposes. In the joint status report filed Friday night, Smith argued that the presidential immunity outlined in Trump does not apply to the categories in the superseding indictment that federal prosecutors will introduce at trial.
Trumps lawyers, however, strongly refuted Smith's superseding indictment in the status report. They asserted that President Trump will move to dismiss the Special Counsels improper appointment and use of non-appropriated funds. They also maintained that Trump holds the right to challenge the new indictment, and the underlying grand jury process, as a matter of law.
Trumps attorneys further argued that the former president is immune from prosecution following the Supreme Courts ruling on presidential immunity. They also pointed out that the Supreme Court already determined that his communications with then-Vice President Mike Pence were presumptively immune.
Despite this, Smith included Trumps communications with Mike Pence in his superseding indictment. Trump's lawyers stated that while they strongly maintain that many classes of conduct alleged in the Superseding Indictment are immune, President Trump may file a motion to dismiss focused specifically on the Special Counsels improper use of allegations related to Vice President Pence, along with other potential key threshold motions.
The case's progression following the Supreme Courts presidential immunity ruling will be decided by Judge Tanya Chutkan, an Obama appointee. A status conference is scheduled for September 5. The unfolding of these events will undoubtedly be closely watched, as they could have significant implications for the former President and the broader political landscape.
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