Jack Smith files superseding indictment in Trump Jan. 6 case with new grand jury to navigate around SCOTUS immunity decision

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, in Washington (AP Photo/Jacquelyn Martin). Right: Trump waits for the start of proceedings in his trial at Manhattan criminal court, Tuesday, May 14, 2024, in New York (AP Photo/Craig Ruttle, Pool).

Special counsel Jack Smith on Thursday rubbished the latest efforts by former President Donald Trump to have the Jan. 6 prosecution against him dismissed as both “untimely and without merit.”

Earlier this month, Trump’s attorneys ventured forth with a reprise of arguments that secured a dismissal of the Mar-a-Lago documents case over the summer. Namely: the defendant argued the prosecutor in charge of the case was given his authority in violation of the U.S. Constitution’s appointments and appropriations clauses.

Now, the special counsel’s office argues that the retread claim was made far too late — and in violation of binding precedent in the D.C. Circuit.

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