‘Failed to preserve critical evidence’: Trump motion could shake up Mar-a-Lago case after Jack Smith admits his office misled court about location of documents in seized boxes

Jack Smith, on the left; Donald Trump, on the right

Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File); Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York. (AP Photo/Julia Nikhinson, Pool)

In the most recent turn of events regarding former President Donald Trump’s many trials, special counsel Jack Smith has filed a superseding indictment in Trump’s Jan. 6 case. It was delivered by a new grand jury, and Smith said it is meant to reflect the “efforts to respect and implement” the “holdings and remand instructions” in the Supreme Court’s landmark decision granting significant immunity to U.S. presidents.

Under federal law, if an indictment is dismissed because of “legal defect or grand jury irregularity, the government may return a new indictment within six months of the date of dismissal or within the original limitation period (whichever is later). After the original limitation period has expired, a superseding indictment may narrow, but not broaden, the charges made in the original indictment.”

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