# DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024) **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [November 23, 2022, 8:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455 "2022-11-23T20:14:01Z")\ **Posts on this page:** 20\ **Page:** 110
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [February 28, 2024, 10:45pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2184 "2024-02-28T22:45:23Z")
> [@Cervaise](#): > > Well, they could hear the case and then wait eight months to issue their decision. At that point it literally doesn’t matter what they say. Yup. They are helping Trump with his delaying tactics. If they DO say he’s immune, and Trump wins. Well, we are toast. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [February 28, 2024, 10:45pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2185 "2024-02-28T22:45:38Z")
I love that phrasing: “…immunity from criminal prosecution for conduct ALLEGED to involve official acts…” Ugly stuff, indeed. ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [February 28, 2024, 10:47pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2186 "2024-02-28T22:47:48Z")
I can see valid reasons for and against. It’s a novel question that involved the President committing crimes that Jack previously pleaded SCOTUS to review. How would they not weigh in/have the last word. On other hand, the 11th was pretty thorough. I don’t see SCOTUS ruling any different big picture (no immunity), other than having some dissenting/concurring opinions. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [February 28, 2024, 10:48pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2187 "2024-02-28T22:48:39Z")
> [@Dinsdale](#): > > I love that phrasing: “…immunity from criminal prosecution for conduct ALLEGED to involve official acts…” WHAT official acts? Trying to overthrow the government is not an official act last time I checked. ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [February 28, 2024, 10:49pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2188 "2024-02-28T22:49:23Z")
> [@iiandyiiii](#): > > Jesus Christ. Fuck this SCOTUS. Can you honestly say you’re surprised? Disappointed, yes, but surprised, no. This is what happens when you vote for this generation’s conservatives. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [February 28, 2024, 11:07pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2189 "2024-02-28T23:07:02Z")
> [@enipla](#): > > WHAT official acts? Trying to overthrow the government is not an official act last time I checked. Yeah, but you can allege it to involve… ---
**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\ **Post date:** [February 28, 2024, 11:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2190 "2024-02-28T23:14:13Z")
And Roberts is trying to resurrect the legitimacy if USSC. Sure he is. This court is a joke and a disgrace. I blame Mitch McConnell. He can’t be gone soon enough. The epitome of a double-talking, gutless politician. ---
**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\ **Post date:** [February 28, 2024, 11:24pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2191 "2024-02-28T23:24:54Z")
Man, Neal Katyal and Andrew Weissmann are both gravely worried. Lisa Rubin too. Holy cow, I feel sick. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [February 28, 2024, 11:26pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2192 "2024-02-28T23:26:20Z")
The only reason I can see them taking this, is to put an end to various jurisdictions having to go through all the trump appeals. There is an immunity appeal for I believe ga and fl. Just get it done now. Other than the above I can’t see why they would take it up otherwise. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [February 28, 2024, 11:27pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2193 "2024-02-28T23:27:18Z")
Yeah, it is giving me gore/bush vibes. ---
**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\ **Post date:** [February 28, 2024, 11:39pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2194 "2024-02-28T23:39:48Z")
What could Smith (or Trumps lawyer’s, for that matter) argue to USSC that they haven’t already already argued to the District Court. Would Smith just cite all the reasons the 11th used when they ruled? ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [February 28, 2024, 11:54pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2195 "2024-02-28T23:54:44Z")
> [@not\_what\_you\_d\_expect](#): > > There’s no good reason for this. Right? Three good reasons: 1. Delay 2. Delay 3. Delay ---
**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\ **Post date:** [February 29, 2024, 12:08am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2196 "2024-02-29T00:08:04Z")
> [@ShadowFacts](#): > > I think because the issue is so fundamental, they are going to want to take it - and be seen ruling on it - even if they eventually rule 9-0 against him. And all of that will take many, many months. Nailed it. ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [February 29, 2024, 12:13am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2197 "2024-02-29T00:13:26Z")
> [@ShadowFacts](#): > > . And all of that will take many, many months. There is hardly anyone in the world more in control of their own schedules than Supreme Court Justices. It will take exactly as long as they (collectively) want it to take. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [February 29, 2024, 12:14am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2198 "2024-02-29T00:14:04Z")
Thus rendering the point of their ruling entirely moot. But not their purpose. ---
**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\ **Post date:** [February 29, 2024, 12:19am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2199 "2024-02-29T00:19:42Z")
> [@Aspenglow](#): > > But not their purpose. Yup, exactly. ---
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [February 29, 2024, 12:22am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2200 "2024-02-29T00:22:09Z")
> [@ShadowFacts](#): > > And all of that will take many, many months. Maybe not. But at the very least it’s a two month delay. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [February 29, 2024, 12:32am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2201 "2024-02-29T00:32:05Z")
> [@enipla](#): > > WHAT official acts? Trying to overthrow the government is not an official act last time I checked. Policing the integrity of the election (by which, I’m not saying that he was doing so, just that I believe that to be the official act that Trump is suggesting that he was engaged in.) ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [February 29, 2024, 12:32am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2202 "2024-02-29T00:32:39Z")
> [@DavidNRockies](#): > > TL;DR: Is there even a glimmer of hope that this is NOT what/as bad as it appears to be at first glance? Yes, there are glimpses, although I also have not read it. Might the Supreme Court throw out some but not all charges, leading to a shorter trial? One such glimpse, for Democrats hoping to win the election on the basis of a felony conviction turning off swing voters, is the 2008 [Ted Stevens precedent](https://en.wikipedia.org/wiki/Ted_Stevens): > [@](#): > > On October 27, 2008, [Senator] Stevens was found guilty of all seven counts of making false statements. . . . > > On November 4, 2008, eight days after his conviction, Begich went on to defeat Stevens by 3,724 votes, a 1.3% margin. With a last-minute pre-election conviction, the focus would be on the fact of conviction. Whereas if a conviction occurs earlier, the focus by election day would be on Democrats complaining that the sentence was too short, or on the appeal. I’m not saying it will go down like this. I’m a never-Trump pessimist. But glimpses exist. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [February 29, 2024, 12:39am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2203 "2024-02-29T00:39:21Z")
How exactly does immunity work, in practice? Is it considered to be a sort of defense that the defendant can use? I.e. they can say, “If I was acting reasonably in line with my job description, then I’m innocent.” And the jury will be given evidence supporting/rejecting the reasonableness of the activity? Or is it treated more like a legal bright line that influences the judge’s decisions when deciding whether to accept the docket, what crimes to allow, what evidence to allow, what arguments to allow, etc.? [Previous page](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455.md?page=109) [Next page](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455.md?page=111)