Special Counsel Jack Smith has resuscitated an indictment against former President Donald Trump charging that the former president conspired to reverse the 2020 election results.
Earlier this year, the Supreme Court tossed special counsel Smith’s case, arguing President Trump is immune from criminal prosecution for official presidential acts.
Writing for the majority, Chief Justice John Roberts argued Trump has immunity for his "official" acts as president.
The high court did not determine what constitutes an official act in this case and passed the question to a lower court.
Republican lawmakers have balked at Smith’s new indictment, which seeks to circumvent the court’s ruling by charging Trump in his personal capacity.
“People are sick and tired of this lawfare the Dems are using against President Donald Trump,” said US Senator Rick Scott (R-FL). “They know they can’t beat him at the ballot box, so they’re trying to come at him through the courts.”
People are sick and tired of this lawfare the Dems are using against President @realDonaldTrump.
They know they can’t beat him at the ballot box, so they’re trying to come at him through the courts.
The American people won’t fall for it. pic.twitter.com/zqkgDWz2ba
— Rick Scott (@ScottforFlorida) August 28, 2024
US Representative Brian Mast (R-FL) struck a similar tone, stating “the Jack Smith witch hunt continues, but the American people will have the final say in 70 days.”
According to Smith’s indictment, Trump illicitly undermined “a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.”
Smith charged Trump, in his personal capacity, committed conspiracy to defraud the US by attempting to reverse election results in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.
Trump has rejected Smith’s claims, characterizing the indictment as “election interference.”
“It is DOJ policy that the Department of Justice should not take any action that will influence an election within 60 days of that election – but they just have taken such action,” said Trump. “Voting starts on September 6th, therefore the DOJ has violated its own policy – Election Interference.”
