The DC Superseder
4Digest
This episode of "Prosecuting Donald Trump" delves into the superseding indictment against Donald Trump, focusing on the implications of the Supreme Court's decision on presidential immunity. The hosts explain that the indictment was presented to a new grand jury and revised to comply with the Supreme Court's ruling, which stated that core presidential functions, including interactions with the Department of Justice, are absolutely immune from prosecution. The episode analyzes the changes made to the indictment, highlighting the removal of allegations related to Trump's interactions with Department of Justice officials and the addition of language emphasizing his actions as a candidate or private citizen. The hosts discuss the potential impact of the Supreme Court decision on the trial, noting that it may limit the evidence related to Trump's knowledge of election fraud. However, the indictment still includes allegations from state officials and campaign personnel. The episode explores the reasons behind the superseding indictment, suggesting that it creates a cleaner legal framework, removes potential grand jury challenges, and provides a new grand jury with a sanitized version of the evidence. The hosts emphasize the significance of the new grand jury, which has found probable cause to believe that Trump committed multiple felonies. This strengthens the case against Trump and addresses potential legal challenges. The episode concludes by discussing the next steps in the case, speculating that Trump's team will likely seek legal briefing before any evidentiary hearings. They also discuss the potential for a legal battle over the application of presidential immunity.
Outlines
Superseding Indictment and Presidential Immunity
This episode discusses the superseding indictment against Donald Trump, focusing on the implications of the Supreme Court's decision on presidential immunity. The indictment was presented to a new grand jury and revised to comply with the Supreme Court's ruling, which stated that core presidential functions, including interactions with the Department of Justice, are absolutely immune from prosecution.
Changes to the Indictment
The episode analyzes the changes made to the indictment, highlighting the removal of allegations related to Trump's interactions with Department of Justice officials and the addition of language emphasizing his actions as a candidate or private citizen.
Impact on the Trial and Next Steps
The hosts discuss the potential impact of the Supreme Court decision on the trial, noting that it may limit the evidence related to Trump's knowledge of election fraud. However, the indictment still includes allegations from state officials and campaign personnel. The episode concludes by discussing the next steps in the case, speculating that Trump's team will likely seek legal briefing before any evidentiary hearings. They also discuss the potential for a legal battle over the application of presidential immunity.
Keywords
Superseding Indictment
A new indictment that replaces or modifies a previous indictment, often to address new evidence or legal developments. In this case, the superseding indictment against Donald Trump was issued to comply with the Supreme Court's decision on presidential immunity.
Presidential Immunity
The legal doctrine that protects the president from prosecution for certain actions taken in their official capacity. The Supreme Court's decision in Trump v. United States clarified the scope of presidential immunity, particularly regarding interactions with the Department of Justice.
Grand Jury
A group of citizens who review evidence and decide whether to issue an indictment against a suspect. The superseding indictment was presented to a new grand jury, which found probable cause to believe that Trump committed multiple felonies.
Probable Cause
A reasonable belief that a crime has been committed and that the suspect is involved. The grand jury's finding of probable cause is a significant step in the criminal justice process.
January 6th
The date of the attack on the United States Capitol by supporters of Donald Trump. The indictment alleges that Trump conspired to obstruct the certification of the 2020 presidential election results on January 6th.
Conspiracy
An agreement between two or more people to commit a crime. The indictment charges Trump with multiple conspiracies, including conspiracy to defraud the United States government, conspiracy to obstruct an official proceeding, and conspiracy to violate civil rights.
Obstruction of Justice
An act that interferes with the administration of justice. The indictment charges Trump with obstruction of an official proceeding, specifically the January 6th joint session of Congress to count the electoral college votes.
Civil Rights
The fundamental rights and freedoms guaranteed to all citizens. The indictment charges Trump with conspiracy to violate civil rights, specifically the right to vote and have one's vote counted.
Q&A
What was the main reason for the superseding indictment against Donald Trump?
The superseding indictment was issued to address the Supreme Court's decision on presidential immunity, which stated that core presidential functions are absolutely immune from prosecution. The indictment was revised to remove allegations related to Trump's interactions with Department of Justice officials and to emphasize his actions as a candidate or private citizen.
How did the Supreme Court's decision on presidential immunity impact the indictment?
The Supreme Court's decision led to the removal of allegations related to Trump's interactions with Department of Justice officials, as these were deemed to be core presidential functions. The indictment was revised to focus on Trump's actions as a candidate or private citizen, which are not protected by presidential immunity.
What are the key changes made to the indictment?
The indictment was revised to remove allegations related to Trump's interactions with Department of Justice officials and to emphasize his actions as a candidate or private citizen. The indictment also includes new language clarifying that the vice president was acting in his role as president of the Senate on January 6th, not as an advisor to Trump.
What is the significance of the new grand jury that reviewed the superseding indictment?
The new grand jury found probable cause to believe that Trump committed multiple felonies, strengthening the case against him. This also addresses potential legal challenges related to the grand jury process.
What are the next steps in the case?
The next step is for the parties to submit proposals for how to proceed with the case. Trump's team is likely to seek legal briefing before any evidentiary hearings, and there may be a legal battle over the application of presidential immunity.
Show Notes
Sooner than expected, it’s our 100th episode! In the latest event triggered by SCOTUS’ ruling on presidential immunity, special counsel Jack Smith has filed a superseding indictment in the election interference case against former President Donald Trump. So in an extra episode for you this week, former prosecutors Mary McCord and Andrew Weissmann weigh in on what’s been added and struck from the prosecution’s allegations, Jack Smith’s strategy, and what this means for the case moving forward.
Read the new superseding indictment and accompanying filing, along with last year’s original indictment.
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