Stripping away the more official acts highlights Trump’s fake electors scheme, which was clearly a campaign function.
Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump on Aug. 1, 2023, at the Department of Justice in Washington.When thinking about including charges in an indictment, prosecutors can decide which claims to make by asking whether the charge is strong or weak.
And that’s exactly how I’d describe the new Jack Smith indictment of Donald Trump. I disagree strongly with the Supreme Court’s immunity ruling, but to the extent there is any silver lining in that dark constitutional cloud, it’s that for Smith, less is truly more. Trump’s fake electors scheme, by contrast, was a campaign function, not an exercise of presidential power.
Not only is that private; it’s among the strongest claims in the whole case. There was never a credible argument for fake electors. And by conspiring to submit fraudulent electoral votes, Trump’s conduct fits squarely within precedent for federal offenses.
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