Here we go again. Special counsel Jack Smith is back at it, filing yet another indictment against Donald Trump on Tuesday afternoon, this time tied to alleged interference in the 2020 election. It seems Smith isn’t quite ready to let this go, despite the Supreme Court’s recent ruling that presidents enjoy broad immunity from prosecution for actions taken while in office. But hey, who needs constitutional protections when you’ve got a political agenda to push, right?
Smith’s latest filing notice details how a federal grand jury in D.C. returned a “superseding indictment”—a fancy legal term for “we’re trying this again”—charging Trump with the same offenses as before. The twist? This indictment was handed down by a new grand jury that hadn’t previously been involved, a move that suggests Smith is pulling out all the stops to keep this case alive. After all, nothing says “justice” like shopping around for the right jury.
For those keeping score at home, the Justice Department helpfully points out that if an indictment gets tossed due to a legal hiccup or grand jury shenanigans, the government has up to six months to refile. In this case, the refiled indictment narrows the charges, likely a response to last month’s Supreme Court decision that shot down parts of the original case. Specifically, the new indictment drops the claim that Trump tried to use the Department of Justice to overturn the election—a charge the Supreme Court justices had no patience for.
In their ruling, the justices were clear: “The President cannot be prosecuted for conduct within his exclusive constitutional authority.” Translation? Trump’s discussions with DOJ officials are off-limits for prosecution. But apparently, Jack Smith didn’t get the memo—or he just didn’t care.
Smith’s filing goes on to say that the government won’t oppose waiving Trump’s appearance for arraignment on this new indictment. How generous. He also mentions that the government will work with Trump’s defense team on a pretrial strategy, as directed by the court. Because nothing says “fair trial” like re-indicting someone and then offering to help figure out how to proceed.
It’s clear that this isn’t about justice—it’s about dragging Trump through the mud, one indictment at a time. But as they say, the show must go on.
