George Washington University (GWU) law professor Jonathan Turley detailed Tuesday on Fox News why special counsel Jack Smith’s new indictment against former President Donald Trump still “does not hold together” very well.
(…) “It’s the shrinkflation indictment. It’s the same packaging, just less product inside. What they did is kept the four charges, and they just took out any evidence that clearly would have contradicted the Supreme Court’s decision on presidential immunity. It does not hold together, in my view, very well. I don’t even think it solves the problem,” Turley said.
“For example, he is keeping in, as one of the four main allegations, Trump’s communications with and to Pence. That’s still presumptively protected under the Supreme Court decision. He also includes communications with members of Congress that could also trip a wire,” Turley continued. “The first two main theories deal with state officials and the slates, the alternative slates that Trump’s team was pushing. So he doesn’t really get out of the problem that many still see with this.”
Turley continued to breakdown one of the charges Smith decided to keep, as he called the decision an “interesting” choice.
“What’s also interesting, Bret, is he keeps the charges of obstruction of official proceedings. There was a second case, the Fisher case, that dramatically narrowed how prosecutors can bring that charge,” Turley said. “They have to essentially allege tampering of evidence or destruction of evidence. It’s not clear how he’s going to thread that needle on those charges.”
(Read more: The Daily Caller, 8/27/2024) (Archive)
Attorney Tells CNN There’s ‘Huge Land Mine’ Jack Smith Could Be Stepping On With New Trump Indictment pic.twitter.com/3lrzGOwu06
— Daily Caller (@DailyCaller) August 28, 2024
President Trump’s Lawyers Dismantle Jack Smith’s Superseding Indictment in Joint Status Report