As Special Counsel Jack Smith could have another ploy in his sleeve, President Trump's struggle against the most recent witch hunt may get worse. If the secret materials case against Trump is unsuccessful in Florida, Smith may seek "dissemination of confidential documents" charges in the state of New Jersey through a wholly different indictment, according to NYU Law Professors Ryan Goodman and Andrew Weissmann.
According to their latest piece in The Atlantic, Smith may have left out these counts in his original indictment because of the intricacy of this case and his "cautious, restricted approach." The academics claim that Smith was likely attempting to avoid many additional legal complications by adding New Jersey accusations in a Florida indictment, but the reality is that he kept his options open to pivot in any situation.
Smith seems to have adopted a circumspect, limited strategy. The indictment does not charge Trump with these offences, despite the fact that it mentions alleged exposure and dissemination of national security information," they wrote. "The venue might be one reason for his choice. According to the Constitution, prosecutors must file charges in the place—or venue—where the alleged illegal activity occurred. Prosecutors from the Justice Department may not have the ability to charge Trump in Miami for suspected criminal activity that took place in another state, in this case New Jersey. However, the lack of such accusations in the indictment opens the interesting potential of a subsequent indictment, in a country no less, with a jury and judiciary more sympathetic to the prosecution's case against Trump.
What's the meaning? Weissman and Goodman claim that Smith may continue with charges in heavily Democratic New Jersey as a backup option if the Florida court decided to postpone the case hearings beyond the November 2024 election.
"There is a chance that charges might still be filed in New Jersey as a backup strategy for Smith given the legal ambiguities surrounding filing charges in Florida for the distribution of national-security secrets in Bedminster. "The special counsel would be able to circumvent Aileen Cannon's strategy by moving through with charges in New Jersey if she attempted to pocket-veto the charges before her, say by setting the trial for after the 2024 presidential election," they write.
Because it would be perceived as overcharging, they said, "Smith might yet opt against seeking a separate indictment for distribution." "The government often works to avoid appearing to add insult to injury, at least in a situation this public. But if Cannon follows in the footsteps of her earlier Trump-friendly decisions, which were twice determined to be factually and legally incorrect by panels of conservative appellate judges, Smith could look for another means to assure accountability — and another place where he might do so.
In case it wasn't already obvious, Jack Smith is probably doing everything he can to make sure that President Trump is facing a constant disadvantage. Smith wants to have every fallback option available since Florida Judge Cannon has already issued decisions that supported Trump.
It's obvious that the public still supports Trump despite the Democrat establishment and the DOJ trying all in their power to bring him down during this witch investigation.
According to their latest piece in The Atlantic, Smith may have left out these counts in his original indictment because of the intricacy of this case and his "cautious, restricted approach." The academics claim that Smith was likely attempting to avoid many additional legal complications by adding New Jersey accusations in a Florida indictment, but the reality is that he kept his options open to pivot in any situation.
Smith seems to have adopted a circumspect, limited strategy. The indictment does not charge Trump with these offences, despite the fact that it mentions alleged exposure and dissemination of national security information," they wrote. "The venue might be one reason for his choice. According to the Constitution, prosecutors must file charges in the place—or venue—where the alleged illegal activity occurred. Prosecutors from the Justice Department may not have the ability to charge Trump in Miami for suspected criminal activity that took place in another state, in this case New Jersey. However, the lack of such accusations in the indictment opens the interesting potential of a subsequent indictment, in a country no less, with a jury and judiciary more sympathetic to the prosecution's case against Trump.
What's the meaning? Weissman and Goodman claim that Smith may continue with charges in heavily Democratic New Jersey as a backup option if the Florida court decided to postpone the case hearings beyond the November 2024 election.
"There is a chance that charges might still be filed in New Jersey as a backup strategy for Smith given the legal ambiguities surrounding filing charges in Florida for the distribution of national-security secrets in Bedminster. "The special counsel would be able to circumvent Aileen Cannon's strategy by moving through with charges in New Jersey if she attempted to pocket-veto the charges before her, say by setting the trial for after the 2024 presidential election," they write.
Because it would be perceived as overcharging, they said, "Smith might yet opt against seeking a separate indictment for distribution." "The government often works to avoid appearing to add insult to injury, at least in a situation this public. But if Cannon follows in the footsteps of her earlier Trump-friendly decisions, which were twice determined to be factually and legally incorrect by panels of conservative appellate judges, Smith could look for another means to assure accountability — and another place where he might do so.
In case it wasn't already obvious, Jack Smith is probably doing everything he can to make sure that President Trump is facing a constant disadvantage. Smith wants to have every fallback option available since Florida Judge Cannon has already issued decisions that supported Trump.
It's obvious that the public still supports Trump despite the Democrat establishment and the DOJ trying all in their power to bring him down during this witch investigation.
