Trump faces second indictment in election interference case

>> WELCOME BACK TO FOX 5 ON THE HILL LIVE THIS SUNDAY MORNING, A NEW INDICTMENT HAS BEEN FILED AGAINST FORMER PRESIDENT DONALD TRUMP. THIS PAST WEEK HIGHLIGHTS THE FACT THAT JACK SMITH OF THE DEPARTMENT OF JUSTICE ARE NOT BACKING DOWN ON CLAIMS THAT TRUMP INTERFERED WITH THE ELECTIONS IN 2020. WHAT DOES THIS NEW INDICTMENT MEAN? MICHELLE THOMAS IS A TRIAL ATTORNEY IN THE DMV, AND SHE JOINS US MORE WITH HER PERSPECTIVE. MICHELLE, THIS IS CALLED A SUPERSEDING INDICTMEN. SO GIVE US A SUPER EXPLANATION OF WHAT A SUPERSEDING INDICTMENT MEANS. >> SURE. GOOD MORNING TO YOU. A SUPERSEDING INDICTMENT IS SIMPLY AN INDICTMENT THAT REVISES THE ORIGINAL COMPLAINT OR CHARGES AGAINST TRUMP. SO ESSENTIALLY THEY WATERED DOWN SOME OF THE CHARGES, REMOVED SOME OF THE CHARGES TO CONFORM WITH THE SUPREME COURT'S PRESIDENTIAL IMMUNITY RULING, AND THEN BROUGHT THOSE CHARGES BACK AGAIN BEFORE A GRAND JURY, A GRAND JURY FOUND THAT THE SUPERSEDING INDICTMENT WAS SUFFICIENT TO MOVE FORWARD TO THE ACTUAL LITIGATION. >> SO, MICHELLE, AS I WENT THROUGH THIS, IT SEEMED LIKE RIGHT OFF THE TOP, ONE OF THE BIG TAKEAWAYS WAS COMMUNICATIONS BETWEEN THE PRESIDENT AND THE JUSTICE DEPARTMENT. A LOT OF THOSE SEEM TO COME OFF, BUT FOR THE MOST PART, THE GUTS OF THIS THING STAYED INTACT. >> YOU'RE ABSOLUTELY RIGHT. FIRST OF ALL, THE FOUR ORIGINAL CHARGES THAT WERE BROUGHT IN, THE FIRST INDICTMENT REMAIN. SO THE OBSTRUCTION OR CONSPIRACY OF THE PRESIDENT TO OBSTRUCT OFFICIAL PROCEEDINGS, TO OBSTRUCT, CONGRESSIONAL HEARINGS, TO ESSENTIALLY DISENFRANCHIZE THE PUBLIC AND DEFRAUD THE UNITED STATES. THOSE FOUR MAIN CHARGES REMAINED. SO WHAT REALLY CHANGED WAS JUST THE SUPPORTING ALLEGATIONS, BECAUSE, AS YOU KNOW, THE SUPREME COURT RULED THAT IF THE PRESIDENT ACTED IN HIS OFFICIAL CAPACITY REGARDING CORE POWERS OF THE PRESIDENCY, THERE WAS AN ABSOLUTE IMMUNITY. IF THERE WERE OTHER DUTIES OR ACTIONS DONE BY THE PRESIDENT THAT WERE NOT NECESSARILY PART OF THE CORE POWERS, BUT STILL HIM ACTING IN AN OFFICIAL CAPACITY. THEN THERE WAS A PRESUMPTION OF IMMUNITY, AND ONLY THOSE ACTIONS TAKEN BY A PRESIDENT THAT ARE PERSONAL IN NATURE OR PERSONAL ACTIONS CAN BE CONSIDERED FAIR GAME FOR CRIMINAL CHARGES. AND SO HERE, THE COMMUNICATIONS THAT THE COURT FOUND THAT COMMUNICATIONS BETWEEN TRUMP AND THE DEPARTMENT OF JUSTICE WERE ABSOLUTELY PROTECTED. THERE IS NO WAY THAT THOSE CAN BE BROUGHT IN TERMS OF CRIMINAL CHARGES. HOWEVER, COMMUNICATIONS BETWEEN THE PRESIDENT AND THE VICE PRESIDENT PENCE, IN TERMS OF HIS EFFORTS TO GET PENCE TO NOT CERTIFY THE ELECTION RESULTS, THERE'S WIGGLE ROOM THERE IN THAT THOSE MAY NOT BE CONSIDERED AN OFFICIAL ACT OR PART OF THE COURSE OF THE PRESIDENT'S CORE OPERATIONS. AND SO, THEREFORE, THOSE KINDS OF CHARGES AND COMMUNICATIONS WERE LEFT IN THE COMPLAINT IN THIS IN THIS SUPERSEDING INDICTMENT, ALONG WITH SOME OTHER ACTIONS BY THE PRESIDENT, THAT THAT JACK SMITH IS ARGUING CERTAINLY WERE IN HIS PERSONAL CAPACITY. AND SO THE COURT'S GOING TO MAKE A DECISION. JUDGE CHUTKAN IS GOING TO DECIDE WHETHER THIS SUPERSEDING INDICTMENT PASSES MUSTER, COMPLIES WITH THE SUPREME COURT'S PRESIDENTIAL IMMUNITY RULING CASE AND WHETHER THIS CASE WILL GO FORWARD. >> NOW, MICHELLE, WE'VE KNOWN FOR SOME TIME THAT THE HUSH MONEY CASE WAS PROBABLY GOING TO BE THE ONLY ONE THAT CAME TO TRIAL BEFORE THE ELECTION. SO WHERE DOES THIS PUT US, THOUGH, WITH THIS CASE RIGHT NOW, AS FAR AS A TIMELINE, WHAT'S THE NEXT STEP THAT HAS TO HAPPEN HERE? >> SO WHAT'S HAPPENING IN THE NEW YORK HUSH MONEY CASE IS THAT RIGHT NOW THERE'S A SENTENCING SET FOR SEPTEMBER 18TH. HOWEVER, THERE HAVE BEEN A FLURRY OF MOTIONS. TRUMP'S TEAM HAS SOUGHT TO REMOVE THE CASE TO THE FEDERAL COURT, SAYING THAT BECAUSE OF PRESIDENTIAL IMMUNITY CASE, THAT NOW REQUIRES THAT THE HUSH MONEY CASE BE HEARD IN THE FEDERAL COURTS, SO THAT CAN PRESENT A DELAY, THEY'RE ALSO TRYING TO ARGUE. CERTAINLY THERE'S A MOTION PENDING IN THE STATE LEVEL COURT THAT, THAT THAT THE VERDICT SHOULD BE OVERTURNED OR REVERSED BECAUSE OF THE PRESIDENTIAL IMMUNITY. SUPREME COURT CASE RULING. SO THERE ARE A LOT OF DELAYS, AND IT IS UNLIKELY THAT THE SENTENCING WILL GO FORWARD ON SEPTEMBER 18TH. >> WHAT WE DO KNOW, THOUGH, IS THAT THERE IS AN ELECTION COMING UP IN NOVEMBER. SO WHAT HAPPENS TO ALL OF THIS IF DONALD TRUMP WINS? >> YOU KNOW, IF DONALD TRUMP WINS, IT IS HIGHLY LIKELY THAT HE WILL INSTRUCT THE DEPARTMENT OF JUSTICE TO ESSENTIALLY STAND DOWN, THAT THESE CASES, THE CASES BEING BROUGHT BY THE DEPARTMENT OF JUSTICE RIGHT NOW AGAINST TRUMP, WILL BE DISMISSED, AND THEY WILL ESSENTIALLY GO AWAY. AND THAT'S WHY MANY ARE SAYING THAT TRUMP HAS A PERSONAL VESTED INTEREST IN WINNING COME NOVEMBER, BECAUSE HE CAN THEN MAKE A LOT OF THESE, THE FEDERAL CASES AT LEAST GO AWAY. >> AND THAT, YOU KNOW, THAT RAISES A LOT OF QUESTIONS FOR PEOPLE RIGHT NOW AS TO THE TIMING ON THIS, BECAUSE IF WE DO HAVE THE PERSON WHO IS CHARGED IN THIS ULTIMATELY GOING TO BE MAKING THE DECISION AS TO WHETHER OR NOT THE CASE GOES FORWARD, THE SUPREME COURT REALLY HAS VESTED THIS IN HOW THIS ELECTION IS GOING TO TURN OUT. >> YOU KNOW, A LOT OF PEOPLE SAY THAT. HOWEVER, THE SUPREME COURT ALSO DID LEAVE DISCRETION TO THE LOWER COURTS. SO WHAT WE'RE GOING TO SEE IS JUDGE CHUTKAN IN D.C. IS GOING TO BE REALLY THE FIRST STATE LEVEL JUDGE TO DETERMINE WHAT CONSTITUTES OFFICIAL PRESIDENTIAL ACTS, WHAT ACTIONS WERE TAKEN BY THE PRESIDENT IN THIS CASE, TRUMP, THAT FALL UNDERNEATH THOSE CORE