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Shop NowAs many of you know, the Supreme Court was recently asked to decide on presidential immunity.
The media and Democrats made a big deal about the ruling, but all the court really did was reaffirm the established ruling that any sitting president cannot be prosecuted for official acts as a sitting president.
Having said that, acts taken while president deemed to be that of a private citizen can still be prosecuted.
Jack Smith Makes His Move
That ruling meant that Special Counsel Jack Smith had to issue a superseding indictment in the election interference case that is being presided over by Judge Chutkan.
It will be up to the judge to distinguish among the charges made which acts would fall under an official presidential act and which are those of a private citizen, or in this case, a candidate.
To help nudge her along, Smith made some very clever edits to the indictment.
For instance, rather than calling Donald Trump the president or the 45th president, he is now referred to as a “candidate for president.”
Smith also reworded one of the charges to say that Trump’s campaign continued to “repeat and widely disseminate” false electoral claims.
He further stated, “These false claims were unsupported, objectively unreasonable, and ever-changing, and the Defendant and co-conspirators repeated them even after they were publicly disproven.”
Another line that was changed clearly is that Smith painted Trump as a candidate, not a sitting president, hoping to clear up election interference.
He wrote, “The Defendant continued his lies through the day of the certification proceeding on January 6.
“That morning, the Defendant gave a Campaign speech at a privately-funded, privately-organized political rally held on the Ellipse in Washington, D.C. During the speech, the Defendant used many of the same unsupported, objectively unreasonable, and publicly disproven lies to exhort the gathered crowd to march to the Capitol.”
Again, notice the wording… “campaign speech” and “privately funded,” both terms to stress the fact that the rally that led to the riot was not backed in any way by the federal government.
Any pundit saying this case does not have teeth against Trump is misleading. The good news for Trump is that with all these changes and the expected challenges by his legal team, there is virtually no chance this case will ever go to trial before the election.
And if Trump wins, he cannot be tried while serving as president, so these cases are unlikely to see the inside of a courtroom anytime soon.
