# 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:** 3
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 27, 2023, 4:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/42 "2023-02-27T16:02:11Z")
> [@Buck\_Godot](#): > > Suppose that they are interviewed separtely and Jared says one thing, and Ivanka says something else that proves that Jared was lying. Can that testimony be used? Yes. If they answer, they’ve waived the privilege. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 27, 2023, 4:15pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/43 "2023-02-27T16:15:34Z")
I suspect it would be hard to argue Spousal Privilege for conversations including a bunch of other people. ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [February 27, 2023, 5:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/44 "2023-02-27T17:14:36Z")
Why? If there is a third party to the conversation, it is still nobody’s business what I tell my wife. If you want to know what I said, ask that third party what he heard. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 27, 2023, 5:18pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/45 "2023-02-27T17:18:26Z")
Seems like this contradicts your idea. > The privilege may not be invoked if the statements were not intended to be confidential.[[4]](https://en.wikipedia.org/wiki/Spousal_privilege#cite_note-:4-4) Statements are not confidential if they were made in front of a third party or with the expectation that they would be shared with others.[[4]](https://en.wikipedia.org/wiki/Spousal_privilege#cite_note-:4-4) However, the presence of a young child does not negate the confidentiality of the communication. The opposing party must rebuke the presumption that confidentiality was intended.[[4]](https://en.wikipedia.org/wiki/Spousal_privilege#cite_note-:4-4) > **[Spousal privilege | Communications privilege](https://en.wikipedia.org/wiki/Spousal_privilege#Communications_privilege)** > > In all federal and state courts, a spousal communications privilege applies in both civil and criminal cases. It is far less controversial than the testimonial privilege as it does not originate from the legal fiction that a husband and wife were one person. Instead, it is rooted in the idea that those who are married should feel safe openly communicating with each other without fear of future litigation or criminal proceedings. > In most jurisdictions including in federal courts, both the witness... ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 27, 2023, 5:52pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/46 "2023-02-27T17:52:31Z")
There is a _testimonial_ privilege which means you can be compelled to testify against your spouse, even if the communication your being asked about is not privileged. Your wife is on trial for murder. You saw her at the bank that day. They can’t call you to the stand at her trial to have you testify that you saw her at the bank. She owns the privilege, you can’t waive it. The other privilege protects the _confidentiality of spousal communications_. That doesn’t apply if other people were around, since the conversation wasn’t confidential. (Attorney client privilege works the same way, for the same reasons). ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [February 27, 2023, 8:21pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/47 "2023-02-27T20:21:02Z")
[Spousal privilege and its exceptions](https://www.law.cornell.edu/wex/marital_privilege), explained. Eh, ninja’d, but I’ll leave it as is. ---
**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:** [March 29, 2023, 5:42am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/48 "2023-03-29T05:42:28Z")
> [@7 Jan 2021 and beyond - the aftermath of the storming of the Capitol](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4076): > > As I understand it, Pence can’t raise executive privilege for his discussions with the President, because executive privilege is controlled by the current President, not a former President or a former V-P. So what he and the Donald chatted about just before the Donald tried to get the mob to hang him isn’t privileged. He successfully relied on the “speech and debate” clause, because when he went into the chamber to count the electoral votes, he was exercising a legislative function, which is a… I’m responding here in the thread dedicated to the progress of this investigation. Here’s a gift link from the NY Times on the ruling, which remains under seal: > **[Pence Must Testify to Jan. 6 Grand Jury, Judge Rules](https://www.nytimes.com/2023/03/28/us/politics/pence-testify-jan-6-grand-jury.html?unlocked_article_code=4YRismd18gVtc0SNJc8nVOWmaGECcKm4QJ0hi33tr52Bh_MUi11F2-azw0xD3tfX_BjSJm03-KlwV2K6EwBaVL7f5cFonjwG3KEwgZOOmPom1SHrVtvMt9Dz0cZd2skj6B5hgH9GuLIpgDTuFugCS2qIt1Kv_eIzUbTE8eDJr4rpjxQaAuBgcorjDdy9RstCg6U_WbK-VuPQf-rQVC59VJDdQdF-j4QfHJRnNbDEkiGOmEyAI-UOlC_xlyLG2nRXMRNrlPxe-O_AITOwyw9-KnEfPT4CgGUmROGmVrU8IuigJogOV7UaoEvgTZenJzyFF8ZzJQow2FoVBgLeULep7ZqtwOLNRU0sbZ-P_jM&smid=url-share)** > > The ruling in Washington was the latest setback to efforts by former President Donald J. Trump’s legal team to limit testimony to grand juries investigating him on various matters. I am fast liking Chief Judge James Boasberg, who replaced Beryl Howell as Chief Judge on Monday. The same day he issued these rulings. Looks like he plans to keep up the pace on the rulings. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [March 29, 2023, 3:49pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/49 "2023-03-29T15:49:51Z")
> The ruling in Washington was the latest setback to efforts by former President Donald J. Trump’s legal team. How many times have we heard that before.Chances are that after the next play Jack Smith will be awarded two points for the safety. ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [April 5, 2023, 9:09pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/50 "2023-04-05T21:09:46Z")
> **[Pence Agrees to Testify in January 6 Grand-Jury Case, Waives Right to Appeal...](https://www.nationalreview.com/news/pence-agrees-to-testify-in-january-6-grand-jury-case-waives-right-to-appeal/)** > > ‘Vice President Pence will not appeal the judge’s ruling and will comply with the subpoena as required by law,’ an official statement reads. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [April 5, 2023, 9:22pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/51 "2023-04-05T21:22:09Z")
It sounds like great news, he’s a vital witness. But may he testify that he goshdurnit don’t remember nuthin? Wait a minute- as soon as I typed that I recalled that he’s written a book, I believe. He can’t not remember, can he? “Mr. googly-eyes-at-Trump, I refer you to the book you wrote…” ---
**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:** [April 5, 2023, 11:24pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/52 "2023-04-05T23:24:23Z")
“I don’t remember writing a book. What is book?” \< sits motionless with glazed expression \> ---
**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\ **Post date:** [April 7, 2023, 2:51pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/53 "2023-04-07T14:51:24Z")
Now that Jack has subpoenaed everyone from Pense on down, do you think he will find anything actionable on, especially, Greene and Gym Jordan? Or any of the other House insurrectionists? ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [April 7, 2023, 3:29pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/54 "2023-04-07T15:29:07Z")
I’m not aware of anything solid enough to charge them. If he finds something though I don’t see him being the type to hesitate to charge so there is at least that hope. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [April 7, 2023, 3:49pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/55 "2023-04-07T15:49:28Z")
The tours look pretty straightforward, to me. Some of the attackers knew exactly where to go to get to private offices, and such, because they had been shown the layout of the building. And there’s no chance that those were just legitimate tours, because there weren’t any legitimate tours of the Capitol Building at the time, due to covid restrictions. ---
**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:** [April 7, 2023, 3:53pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/56 "2023-04-07T15:53:02Z")
I don’t think it’s knowable at this point, because none of us are privy to the extent of Smith’s investigations. However, there are hints that it’s larger than just Trump. If that’s the case, quite a few members (and former members, like Meadows) of Congress should be worried. We’ll see. I expect this investigation to take the longest, because potentially – and if dreams can come true – it is by far the largest in scope. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [April 7, 2023, 6:24pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/57 "2023-04-07T18:24:50Z")
> [@Son\_of\_a\_Rich](#): > > Or any of the other House insurrectionists? Scott Perry (R-PA) maybe. A judge has ordered him to turn over his phone records. That doesn’t happen to a sitting congressman without a pretty compelling argument that those records contain evidence of a crime. ---
**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:** [April 13, 2023, 1:31pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/58 "2023-04-13T13:31:00Z")
> **[One More Sign That Special Counsel Jack Smith Is Dead Serious](https://www.thebulwark.com/one-more-sign-that-special-counsel-jack-smith-is-dead-serious/)** > > No stone unturned, no empty folder unsubpoenaed. Jack smith is closing in. He is heading into espionage with the documents and financial crime with fund raising after the election. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [April 13, 2023, 1:53pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/59 "2023-04-13T13:53:10Z")
Nobody outside of Smith’s team knows for sure, but from the tea leaves we’re reading it sure seems like he’s doing all the right things. As I recall, he was appointed after DJT announced his candidacy to remove any appearance of conflict of interest for Garland. All well and proper. So by announcing his candidacy, Donald got the investigation from the meek Garland to the tiger Smith. Had he not done so, it would still be Garland’s investigation and we’d still be getting nowhere. ---
**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:** [April 16, 2023, 7:20pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/60 "2023-04-16T19:20:43Z")
One more thing to contemplate as he sits in his prison cell or single-wide in Sanford, Fla. ---
**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:** [April 27, 2023, 3:09pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/61 "2023-04-27T15:09:02Z")
the dominion lawsuit continues to bear gifts. some of the information from that lawsuit has caught mr smith’s attention. [Ted Cruz Tapes To Be Handed Over to Jack Smith’s DOJ Probe (msn.com)](https://www.msn.com/en-us/news/politics/ted-cruz-tapes-to-be-handed-over-to-jack-smiths-doj-probe/ar-AA1amjTw) i remember one bit of the jan 6 coverage where a group huddled around ted cruz’s desk in the senate for a brief moment thought he had betrayed them. for me, that moment spoke volumes about the face eating leopard they had by the tail. Video [shot](https://www.newyorker.com/magazine/2021/01/25/among-the-insurrectionists) by a _New Yorker_ reporter showed a chaotic scene on the floor of the chamber, and two men dashed over to Cruz’s desk and flipped through his papers. He found Cruz’s prepared remarks to talk about his objection to Arizona’s certification of its electoral votes. “He was gonna sell us out all along — look! ‘Objection to counting the electoral votes of the state of Arizona.’” He added, “Oh, wait, that’s actually OK.” “He’s with us,” one of them said. The other young man, wearing sweatpants and a long-sleeved undershirt, thumbed through a three-ring binder on Cruz’s desk and frantically said, “There’s gotta be something in here we can f—ing use against these scumbags.” A third person with the group noted, “Cruz would _want_ us to do this, so I think we’re good.” i have no idea what sort of celebration to do if this brings delicious fruit. [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=2) [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=4)