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The incredibly savvy simplicity of Jack Smith's latest Trump indictment
This indictment was fun reading. Criminal law is not my area of practice but this is a well drafted indictment.
Link to tweet
https://www.msnbc.com/opinion/msnbc-opinion/trump-indictment-speedy-trial-jack-smith-strategy-rcna97718
Beyond the uncomplicated factual narrative, Smith has also kept the indictment as legally straightforward as possible. Although many statutes could potentially apply to this case, he charged the entire plot under just three statutes.
First, Smith details how the alleged schemes Trump embarked upon after the election and through Jan. 6 constituted a conspiracy to defraud the United States in the administration of elections under 18 USC 371, such as by pushing the aforesaid fraudulent slates and all the other alleged schemes.
For the second and third counts, Smith alleges Trump obstructed and conspired to obstruct an official proceeding of the United States government, under two different parts of 18 USC 1512, by conspiring to and interfering with the proper counting of the ballots Jan. 6. This applies to multiple alleged Trump schemes, including submitting false electors, pressuring Pence to stop or suspend the certification of the election, and exploiting the violence that day to halt the certification. ....
Nevertheless, in Tuesday’s charges, Smith outlined the essential evidence as concisely as possible. The indictment is a watershed episode in the history of American democracy. It is a sobering moment, but also one that inspires confidence that our rule of law system is up to any challenge.
For all the noise that is swirling now and will, in all likelihood, continue throughout the course of this case, Smith has presented a powerful case, fulfilling his obligation to enforce the law without fear or favor. Trump, like every other citizen, will have a chance to establish his innocence in the court of law. That should happen as soon as possible for the sake of our democracy
First, Smith details how the alleged schemes Trump embarked upon after the election and through Jan. 6 constituted a conspiracy to defraud the United States in the administration of elections under 18 USC 371, such as by pushing the aforesaid fraudulent slates and all the other alleged schemes.
For the second and third counts, Smith alleges Trump obstructed and conspired to obstruct an official proceeding of the United States government, under two different parts of 18 USC 1512, by conspiring to and interfering with the proper counting of the ballots Jan. 6. This applies to multiple alleged Trump schemes, including submitting false electors, pressuring Pence to stop or suspend the certification of the election, and exploiting the violence that day to halt the certification. ....
Nevertheless, in Tuesday’s charges, Smith outlined the essential evidence as concisely as possible. The indictment is a watershed episode in the history of American democracy. It is a sobering moment, but also one that inspires confidence that our rule of law system is up to any challenge.
For all the noise that is swirling now and will, in all likelihood, continue throughout the course of this case, Smith has presented a powerful case, fulfilling his obligation to enforce the law without fear or favor. Trump, like every other citizen, will have a chance to establish his innocence in the court of law. That should happen as soon as possible for the sake of our democracy
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