Trump responds to superseding indictment in Jan 6 Reaction

[Music] let's go what's going on guys little e here and welcome back to another video and today we're doing a reaction video and today we're going to react to uh Donald Trump indicted again so let's see why he got indicted again it's kind of stupid that he keeps getting indicted but like this watch it all the way through share it and get us out there let's go y'all let's get into this let's see what it's about and welcome back here to live now from Fox I'm Andrew craft we want to get into arguably what is the biggest story of the day regarding former president Donald Trump and special counsel Jack Smith this is what we know here that Federal prosecutors today issued a revised version of an indictment accusing former president Trump of plotting to overturn the 2020 election stripping out some charges in order to help it survive the Supreme Court's recent ruling granting former president broad immunity for official acts in office well former president Trump uh issued uh quite the lengthy diet tribe there on Truth social this was one part of it he said in response quote in an effort to resurrect a dead Witch Hunt in Washington DC in an act of desperation and in order to save face the illegally appointed quote unquote special counsel derange Jack Smith has brought a ridiculous new indictment against me which has all the problems of the old indictment and should be dismissed immediately all caps his Florida document hoax case has been completely dismissed this is merely an attempt to all caps interfere with the election and distract the American people from the catastrophes kamla Harris has inflicted on our nation like the Border Invasion migrant crime rampant inflation the threat of World War I and more so former president Trump uh not taking this line down not taking this well at all here on Truth social in the meantime though we want to bring into the conversation our friend legal analyst and former Federal prosecutor Nema Romani to help us make sense of what Jack Smith did today he joins me uh Nema good to see you here uh we thought of you we had to get you on we got to talk about this what is Jack Smith up to here I've heard the words that this is a revising of the previous indictment or a reframing uh of the previous indictment now from what I understand and I'm not a lawyer superseding means additional charges in an additional indictment we didn't see that here did we why you're absolutely right Andrew normally when prosecutors go back to the grand jury and get a superseding indictment they're piling on they're adding more charges that's not what happened here in fact Jack Smith did the opposite he removed some of the allegations even though we're still dealing with the four same claims essentially conspiracy to defraud the United States and obstruct an official proceeding based on the US Supreme Court's immunity ruling Jack Smith wanted to take out some of the allegations that might fall into one of those immunity categories and without getting into the legal weeds too much the Supreme Court's majority opinion said there's three categories or constitutional acts that are absolutely immune other official acts which are subject to immunity but they can be rebutted and personal private acts that are not subject to immunity so when it came to Communications with Justice Department officials and one of the unindicted co-conspirators there was Jeffrey Clark Jack Smith took out those allegations because those were Communications with cabinet officials and their appointees and with respect to Mike Pence obviously he was a individual who was vice president and his job was to certify the election but also someone that was running for president again with Donald Trump then we know that campaign activities are historically personal private not official so what Jack Smith tried to do is reframe some of the allegations related to uh former president Mike Pence as campaign and personal acts not official ones see like with that right there you know the way he explains it just basically you know M makes him look bad I mean it it just shows that he's trying to uh interfere in the election I mean why are we bringing these back up like we already technically he was you know thrown out some of the things and then found guilty on some of the others I mean this this case makes no sense because he shouldn't have been allowed to re or indict him again with the first one being over and then he's not adding on because I I mean I even looked it up myself yeah he's not adding anything new on so why is he allowed to do this and second of all it should definitely be looked into as like it's getting way closer to the election you could have done this earlier in the process you decided not to no you know it just shows that they're attacking the man and I think that's and I think you know they're definitely going after their political opponents I mean it it it's it's not right and in America that's not what we need under our running our country so if you don't agree I don't care my opinion your opinion they can be different just don't argue about it I just don't think it's right that this should be happening former president Mike Pence as campaign and personal acts not official ones okay yeah Neema let's talk about uh some of that reframing here here uh the Fox News brain room has one of the examples uh to illustrate the point in the old indictment there were more than 30 references to the justice department in text in the new indictment no results were found when searching for the justice department in the text of the new indictment now let's talk about that the Associated Press uh says this uh that in its decision on immunity the Supreme Court ruled Trump cannot face criminal charges related to any of his interactions with Justice Department officials finding that a president's dealings with the Department were part of the core official duties of his office that seems pretty cut and dry I think to a lot of viewers it does to me here about what Jack Smith was trying to do uh kind of elighting and deleting any reference to the justice department because it was found in the ruling by the Supreme Court that a president can communicate and interact with their own justice department on whatever right absolutely and that's one of the few concrete examples that was actually in the Supreme Court's opinion so obviously Jack Smith wants to comply with that and that was deemed to be a core constitutional Duty which means you can't charge it nor can you introduce any evidence of it at trial so that would all be reversible errors so Jack Smith You know despite what some folks May argue has been very conservative in how we charge Donald Trump I'll give a few examples he didn't charge him with Insurrection or seditious conspiracy like some folks had wanted which would have potentially disqualified from him from public office in the classified documents case he filed it in Florida which was a less favorable venue than Washington DC because he didn't want to deal with a motion for a change of venue and now what we're seeing here is he's trying to be more Surgical and we saw this even in the original indictment itself he didn't take a fonny Willis kitchen sink approach he didn't charge everyone like Giuliani and Mark Meadows and others he wanted just focused on Donald Trump and now he's even focusing those charges even more because we know obviously Trump is going to file a motion to dismiss this case both in terms of Jack Smith being appointed that appointment violating the Appropriations and the appointments Clause we know judge canon in South Florida agreed but also unclassified immunity so we know that motion is coming so this is more of a defensive maneuver to make that indictment a little bit more bulletproof for judge Tanya chin in DC who's going to rule on that motion you know um n let's talk about how we characterize where this case is because you can make the argument it's somewhat been frozen in place since last December because of the immunity question hanging over it now that the Supreme Court you know has ruled on the immunity question at least partly uh they also partly threw it back to the lower courts here is that why Jack Smith uh took this this chance today or was this always in the offing was Jack Smith and his team there in the special council's office going to have to respond either way about the direction of this indictment and the direction of this case in the wake of the immunity ruling from the Supreme Court or was it a complete surprise here is this a Jack Smith wholly undeterred by the immunity ruling here clarify how he is going to navigate this going forward it's Jack Smith trying to tail that indictment to the Supreme Court's decision both in terms of the immunity case and the obstructing and official proceeding case he has his eyes on not just the trial court but the appellant courts and we know that this case will go to the DC circuit like it has once before and again likely to the Supreme Court that will decide whether the allegations in this case were they personal Acts or were they official and are they subject to immunity because we know based on Supreme Court precedent that that determination is immediately appealable just like the judge stayed the case the first time around so this issue could be sorted out by the Supreme Court because let's be honest we haven't dealt with immunity in a criminal case since Nixon there has been some litigation uh with respect to Bill Clinton and others about civil lawsuits so now that we know what the law is the judge in the case is going to have to decide were these acts personal were they official is Trump immune and once that decision is made that case is going to go back up on appeal and this time around Jack Smith wants to be safe and make sure there's nothing in that indictment that the conservative justices in the Supreme Court might take issue with okay but some of Jack Smith's detractors and opponents are describing this as a doover that he's getting his second shot now in the wake of the immunity ruling would you characterize it as that or or no is that inaccurate to describe it as that well it is somewhat of a doover but let's be honest none of us knew what the Supreme Court was going to do on presidential immunity because it was really Uncharted legal Waters so even if the case were dismissed based on immunity usually that dismissal wouldn't be with prejudice if there was something alleged that would be personal and the challenge that we're having in this case fundamentally is historically campaigning is personal it is not official and that's pretty well established but Donald Trump of course is arguing and his lawyers have been very successful and say well this is the head of state who is making sure that we have free and fair elections this isn't about Donald Trump the candidate this is about the head of the Executive Branch to make sure there is no widespread voter fraud whether it be in 2020 or some other time so that's the challenge that the prosecution and the defense are having is this election integrity or is this campaigning because obviously the law is very different with respect to the two yeah in the new indictment uh on page seven uh Jack Smith says this that the defendant was on notice that his claims were untrue he was told so by those most invested in his re-election including his own running mate and his campaign staff um and I I'm somewhat certain that that is new language included in the indictment there that Jack Smith is alleging that Donald Trump while espousing these false claims about election fraud he knew that they were false uh and that's been the Crux of this indictment throughout the whole course of this case how can Jack Smith and his team uh prove that claim in a court of law here let's talk about Jack Smith's timeline though uh so it's a two trck timeline uh because he's have two cases in front of him here that he has brought one that he's trying Salvage in Florida as well after judge Cannon dismissed it uh he made a filing to the 11th Circuit Court of Appeals just yesterday uh urging them uh to reinstate the classified documents case that he brought against former president Trump as well in the wake of Judge Cannon's dismissal so that is ongoing and then this is ongoing in DC here he's got a lot on his plate when can any of this be resolved if at all well if Donald Trump wins in November it will never be resolved because he can't be prosecuted a sitting president pretty well established under Department of Justice Long longstanding policy cannot be charged cannot be tried so all those cases go away so under the assumption that KLA Harris wins in November the question is what happens to these two Federal cases well in South Florida judge you see and I knew that as well like they're doing this now because they know if it hits November and he's elected it's over and and that's why I 100% believe it's election interference as well because they know that and that's why he's doing it like he he's 100% trying to not make make it to where he can get to November 5th and become president they know and I'm going be honest with y'all don't take it personal but they know that she's not able to beat Donald Trump so they're trying anything in their power to make sure that she has an easy path by taking him out simple as that the question is what happens to these two Federal cases well in South Florida judge Canon took a pretty surprising view of Jack Smith's appointment saying that he needed to be confirmed by the Senate now no other federal judge in this country has taken that view of special Council appointments and they've been appointed for decades for instance Hunter Biden is being prosecuted in Los Angeles where I am next month by a special councel that was not confirmed by the Senate at least here in California he was the US attorney in Delaware but of course a Delaware prosecutor doesn't have jurisdiction here in California so that was a pretty surprising decision that is what's going up on appeal to the 11th circuit and we know that judge Cannon has been reversed multiple times so there's the very real possibility that that case goes back and now judge Canon needs to decide the case not based on Jack Smith's appointment but whether president former president Trump was immune based on the Supreme Court decision like we're dealing with in DC and of course in DC judge Kanon will make that ruling it'll go back up but importantly none of this will happen before the election so the election really is going to determine what happens with Donald Trump's criminal cases yeah and let's just talk about more hypothetical say Trump does win the election here uh is he is he in his right is it in his purview uh if he is the executive of the executive branch can he tell whoever he might uh appoint as his attorney general that he wants these cases dismissed can he do that has it been done before if not well it's never been done before but he can absolutely do that and it should be done based on long-standing precedent Jack Smith should dismiss these cases if Donald Trump is reelected and if not when Trump takes office he can appoint any attorney general he wants Meritt Garland won't be there and he can fire Jack Smith so I think Jack Smith will see the writing on the wall if the election goes in Donald Trump's favor and both cases should be dismiss should be dismissed in pretty short order and I would expect the same thing to happen in Georgia as well even though it's a state case even though it hasn't been addressed the same legal analysis and logic would apply so there's a possibility the only case that Donald Trump has to deal with at least as far as criminal is that New York hush money case which of course is the least serious of all yeah speaking of New York we have a live picture there outside the Fox News world headquarters in New York Nema I think you and I are going to be talking on September the 18th when that sentence is expected to be handed down we know that Trump's legal team has asked the judge for a delay in the sentencing date haven't heard an answer on that question or resolution on that question just yet but uh Neema it is fast approaching here it is and it was supposed to be even earlier in September and it got pushed out so the judge can hear some briefing on this immunity issue I think in that case obviously there's no special Council so we don't have to deal with that argument but really it comes down in immunity I think that's a very tough argument for Trump to win now there were some Communications with hopix and others that were part of his administration that arguably arguably shouldn't have come in based on the Supreme Court's decision but we're really talking about conduct an alleged Affair a payment some reimbursement the vast majority of which most people would say well it's personal right you're having an affair you're you're paying money to keep it quiet it's your personal lawyer how is this an official act so I think that's going to be the toughest argument for Trump's lawyers to win I think given the judge in that case how he's ruled so far judge Juan Maran I expect him to lose that argument I expect him to be sentence I don't think he's going to get prison time or even home confinement we're likely seeing a a sentence of probation sometime in mid-september yeah it is very interesting you know uh you and I spoke so often in early spring and early summer about how we thought thought uh these legal cases would have a you know outsize impact on the 2024 election and my how the summer somewhat changed that calculus not only with uh Trump getting shot at that campaign rally in Butler PA but also President Biden withdrawing from the top of the ticket here so it's been quite an interesting year and we'll see what effect or what impact these cases have going forward only 70 more days to the election Nemo Romani as always thanks so much thanks for having me Andrew talk too soon all right in the meantime here we do have more comments uh coming from former president Trump there in this multi-art post and thread on Truth social as he is still reacting to what Jack Smith did today Trump goes on to say this for them to do this immediately after our Supreme Court Victory on immunity and more is shocking I've also been informed by my attorneys that you're not even allowed to bring cases literally right before an election a direct assault on Democracy Trump says this is an unprecedented abuse of the Criminal Justice System the case has to do with quote unquote conspiracy to obstruct the 2020 presidential election when they are the ones that did the obstructing of the election not me they cheated on the election and they go after me for cheating on the election interestingly this comes at the exact same time as Mark Zuckerberg of Facebook has admitted to concealing massive amounts of information such as Hunter Biden's laptop from Hell which is a direct acknowledgement that the 2020 presidential election was manipulated and rigged by the doj what they are doing now is the single greatest sabotage of our democracy well there we have it y'all I think it's uh messed up and I think he should be throwing out all the case or the the cases he just brought up and yeah I'm l e like this let me know what y'all want me to react to to down below I'm Lou Lou out oh