Trump's legal nightmare: ‘Relentless’ Jack Smith on offense with new Jan. 6 indictment

>>> TURNING TO THAT BREAKING NEWS WE MENTIONED THE D.C. COUP CASE AGAINST DONALD TRUMP. JACK SMITH ADJUSTING BUT STILL ON OFFENSE THIS WAS THE TRIAL AFFECTED BY THE SUPREME COURT RULING. HERE YOU HAVE A NEW SUPERCEDING INDICTMENT THAT CAME DOWN LATE TODAY. THIS IS SUPERCEDING WITH NO NEW CHARGES BUT PRESENTED TO A NEW GRAND JURY. THIS IS JACK SMITH AND THE JUSTICE DEPARTMENT COMPLYING WITH THE SUPREME COURT'S RULING WHICH FAVORED TRUMP AND CREATED A NEW TYPE OF IMMUNITY THERE WASN'T ANY TYPE OF IMMUNITY IN ANY LEGAL PRECEDENT FOR WHAT'S CALLED OFFICIAL ACTS. LEGAL SCHOLARS DEBATED IT BUT HERE'S WHAT IT MEANS TO JACK SMITH WHO MUST COMPLY WITH SUPREME COURT RULINGS. THE TIMES REPORTING ON THE NEW INDICTMENT SAYING MUCH OF THE OLD INDICTMENT REMAINS UNTOUCHED. TRUMP FACES THE SAME FOUR CHARGES. SO, THIS IS JACK SMITH SAYING WE WILL FOLLOW THE LAW AND WE THINK THERE'S A WAY WE CAN CONTINUE TO BRING THIS CASE, THE BULK OF IT THE SAME AGAINST DEFENDANT TRUMP BUT ALSO ADJUSTED WHERE THEY FELT THE LAW REQUIRED THEM TO. THAT'S WHAT HAPPENED WHEN YOU GET A NEW COURT RULING. THEY REMOVED DETAILS ABOUT HOW TRUMP TRIED TO USE THE DOJ TO OVERTURN ELECTION RESULTS OR CREATED LIES AND FRAUD. AND REMOVED JEFFREY CLARK, A TRUMP ALLY AT THE DOJ WHO WAS LISTED. INTERFERING WITH THE DOJ WAS ONE OF THOSE PLOTS WE MARKED SEVERAL AS ARROWS. AND YOU MIGHT SEE DOWN THERE DOJ SBR FEERNS. IT'S ONE OF THE THINGS THAT HAPPENED LATER THIRD TO THE BOTTOM IN DECEMBER 2020. NOW THE DOJ FOLLOWING THE SUPREME COURT'S ORDERS IS STATING THIS IS AN OFFICIAL ACT. YOU CAN SEE THE DOJ INTERFERENCE WE'LL PUT THAT BACK UP MAY HAVE STILL OCCURRED. THAT IS TO SAY THERE WAS A PLOT, IF WE CAN GET THE ARROW UP I'M GOING TO SHOW YOU AGAIN. THERE IT IS. THE PLOT TO GET THE DOJ TO INTERFERE STILL OCCURRED. WHAT'S DIFFERENT NOW THIS IS WHY THE SUPREME COURT IS POWERFUL YOU CAN SEE WE CHANGED IT TO GREEN BECAUSE THEY'RE SAYING THAT'S OFFICIAL, NOT ELIGIBLE TO BE CHARGED AS A FEDERAL CRIME. SMITH ALSO HAS BEEN BUSY APPEALING A RULING TO TRY TO KEEP ALIVE THE CLASSIFIED DOCUMENTS CASE IN FLORIDA. THE SUPREME COURT'S IMMUNITY RULING RELATES TO THAT AS WELL. >> THAT MOMENTOUS DECISION BY THE SUPREME COURT RULING FORMER PRESIDENT DONALD TRUMP IS ENTITLED TO SOME IMMUNITY FROM PROSECUTION. >> JUSTICE CLARENCE THOMAS TOOK THINGS A STEP FURTHER AND SAID WE'RE NOT SURE EVEN THE APPOINTMENT OF A SPECIAL COUNSEL NAMED JACK SMITH WAS LEGAL. >> THAT GAVE JUDGE CANNON A GREEN LIGHT IF THEY WANTED TO GO IN THE DIRECTION SHE TOOK IT WITH A 93 PAGE OPINION DISMISSING THE INDICTMENT IN ITS ENTIRETY. >> THIS IS JUSTICE THOMAS' TELEGRAM TO JUDGE CANNON COMING TO ITS FULL FRUITION. >> SO JACK SMITH HAS BEEN DEALT SETBACKS IN THE LOWER COURT AND SUPREME COURT. THE NEWS HERE WHEN TAKEN TOGETHER HE IS TRYING TO GET THE FLORIDA CASE BASICALLY REBOOTED, AND A LOT OF LEGAL EXPERTS THINK A HIGHER COURT THAT IS LESS FRIENDLY TO TRUMP WOULD PROBABLY ALLOW THAT AND TRYING TO MAINTAIN THE COUP TRIAL WHILE ACKNOWLEDGING WHAT THE SUPREME COURT SAID ABOUT OFFICIAL ACTS. I'M JOINED BY DAVID KELLY, MY FORMER BOSS. WELCOME BACK, DAVID. >> NICE TO SEE YOU. HOW ARE YOU, ARI? >> I'M GOOD, BUSY TIMES END OF SUMMER AND THEN WE GET THE JACK SMITH SUPERCEDING INDICTMENT TODAY. YOU HANDLED CASES LIKE THIS IT'S UNUSUAL TO HAVE THE SUPREME COURT JUMP IN IN THE MIDDLE AND CREATE WHAT'S BASICALLY NEW LAW BUT JACK SMITH HAS TO PLAY BY THE RULES. WHAT DO YOU SEE HIM DOING IN THE NEW COUP INDICTMENT TODAY? >> FROM AN OLD PROSECUTOR'S PERSPECTIVE, I THINK JACK SMITH IS BEING APPROPRIATELY RELENTLESS. AND HE HAS REALLY CAREFULLY TAILORED THIS INDICTMENT. IT'S GONE FROM 45 PAGES TO I THINK 36 PAGES. AS YOU POINT OUT, THE BIG THING WAS THE PULLING OUT OF THE JEFFREY CLARK ROUTINE, TRYING TO CONVINCE THE JUSTICE DEPARTMENT ON TO COME OUT WITH THE FALSE STATEMENTS ABOUT THE ELECTION FRAUD. THE OTHER THING I MISSED WAS THEY ALSO PULLED OUT THE ATTORNEY GENERAL ADVISING THE FORMER PRESIDENT THAT THERE WAS NO ELECTION FRAUD. I THINK THAT WAS A NICE PIECE OF PROOF THAT THEY DON'T HAVE ANYMORE. BUT I TELL YOU WHAT, THE INDICTMENT AS IT READS NOW, AS MIND BLOWING AS IT WAS BEFORE, FROM A TRIAL TACTICIAN PERSPECTIVE, DON'T MAKE PERFECT THE ENEMY OF THE GOOD. THERE'S AN AWFUL LOT IN THIS INDICTMENT THAT JUST SCREAMS OUT FOR KIND OF SLAM DUNK AREA IN TERMS OF WHAT THEY'RE GOING TO BE ABLE TO PROVE, THEIR CHARGES. SO THERE'S A -- YOU KNOW, I THINK A LOT OF PEOPLE'S INITIAL REACTION WHEN THE SUPREME COURT CAME OUT IT'S BEEN EVISCERATED AND I THINK JACK SMITH CAME THROUGH HERE WITH A SUPERCEDING INDICTMENT, AS YOU POINT OUT, HAVING ANOTHER GRAND JURY FIND BEYOND A REASONABLE DOUBT THAT EXCUSE ME, BEYOND PROBABLE CAUSE TO BELIEVE THAT A CRIME WAS COMMITTED HERE. AND THEY'VE DONE AN AWFULLY NICE JOB. WE'LL SEE HOW THE JUDGE RULES TO DETERMINE WHETHER OR NOT IT WAS PROPERLY TAILORED IN ACCORDANCE WITH THE SUPREME COURT RULING. WHEN I SAY APPROPRIATELY RELENTLESS, BECAUSE IT COMES AT THE SAME TIME AS YOU POINT OUT THAT HE'S FILED HIS APPEAL WITH THE JUDGE CANNON RULING. I THINK THERE'S ANOTHER REALLY STRONG ARGUMENT THERE THAT JUDGE CANNON HAS IGNORED DECADES, IF NOT -- IN FACT, I THINK JACK SMITH POINTS OUT CENTURIES OF PROCEDURES HERE WHERE THE APPOINTMENTS PROVISIONS WERE UPHELD FOR THIS TYPE OF APPOINTMENT OF HIM. I GUESS IT'S ONE OF THE ARGUMENTS I THINK HE MAKES IS THAT THE ATTORNEY GENERAL OFFICIALLY APPOINTMENTS ASSISTANT UNITED STATES ATTORNEYS. MY CERTIFICATE WAS SIGNED BY ATTORNEY GENERAL EDWARD PIECE. BUT THIS GOES BACK TO SAYING IF THIS ATTORNEY GENERAL GARLAND CAN'T APPOINTMENT JACK SMITH HE CAN'T APPOINT AN ASSISTANT U.S. ATTORNEY OF WHICH THERE ARE MANY ACROSS THE COUNTRY TO PROSECUTE CASES. SO I THINK HE MADE GOOD CASES FOR THE PROSECUTION