# DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)

**URL:** <https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455>\
**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:** 34

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**Author:** ![chappachula](https://avatars.discourse-cdn.com/v4/letter/c/d2c977/32.png) [@chappachula](https://boards.straightdope.com/u/chappachula)\
**Post date:** [August 5, 2023, 11:27am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/662 "2023-08-05T11:27:12Z")

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> [@PhillyGuy](#):
>
> dislike the idea that a defendant is immune to jail or prison because of being a VIP. But there is a WaPo article out today suggesting that the idea is reality:
> 
> [If Trump is convicted, Secret Service protection may be obstacle to imprisonment](https://www.washingtonpost.com/dc-md-va/2023/08/04/trump-criminal-cases-prison-secret-service/)

I dont see why it is such a big problem.  
I’ve seen those reality prison shows on TV where the jail is built as a series of separate “pods”. Each pod is about 10 cells facing a central room with a few tables and a TV, holding about 10 prisoners.

It should be easy to set up one full pod just for Trump…

If it’s necessary to have Secret service men nearby, they could do shifts inside the pod along with him, or stand guard outside the pod along with the regular prison guards.

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**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\
**Post date:** [August 5, 2023, 11:35am UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/663 "2023-08-05T11:35:23Z")

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> [@Love\_Rhombus](#):
>
> the MAGATS can cry foul

Again, as above, we shouldn’t give a shit. They will cry foul no matter what. Basically they cry foul whenever the world doesn’t bow down and give them everything they want exactly the way they want it. Conduct the trial correctly and fuck them.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [August 5, 2023, 12:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/664 "2023-08-05T12:14:33Z")

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> [@chappachula](#):
>
> I’ve seen those reality prison shows on TV where the jail is built as a series of separate “pods”. Each pod is about 10 cells facing a central room with a few tables and a TV, holding about 10 prisoners.
> 
> It should be easy to set up one full pod just for Trump…

Maybe they will do that. Sucks for the other nine guys who have to double up somewhere and should be totally unacceptable if this is a jail where they are held awaiting trial.

In South Korea, here is what happens:

[At the gate, Ms. Park’s government-provided bodyguards, the only official privilege she still enjoyed, turned around.](https://www.nytimes.com/2017/03/31/world/asia/park-geun-hye-arrest-jail-south-korea.html)

I don’t see that the dangers of being a former president of South Korea are different in scope than those in the U.S.

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**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:** [August 5, 2023, 12:25pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/665 "2023-08-05T12:25:34Z")

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> [@Aspenglow](#):
>
> Now being reported that Jack Smith is seeking a protective order after Trump’s Truth Social post, “If you come after me, I’ll come after you.”

Is this the first time the “I’m rubber and you’re glue!” rule has actually been applied in court?

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**Author:** ![Mijin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mijin/32/9369_2.png) [@Mijin](https://boards.straightdope.com/u/Mijin)\
**Post date:** [August 5, 2023, 12:44pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/666 "2023-08-05T12:44:20Z")

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> [@Spoons](#):
>
> Trump wants this matter tried in the court of public opinion, where he can rally his fans to his side, and they will exonerate him. How, nobody knows; but I think that Trump secretly knows that he has only a very small chance of succeeding in a proper court of law. In the court of public opinion, he has a much bigger chance.

I would put it thuswise:

If none of the trials are televised, trump wins.  
Trump, his lawyers and his Republican enablers will spend week after week on TV denigrating the courts, the Bidens and Smith. It will spread much further than the MAGA base.  
And on the other side of the ledger will just be second hand accounts of mostly mundane court proceedings.

The evidence just won’t matter if most Americans don’t hear it.

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**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:** [August 5, 2023, 12:55pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/667 "2023-08-05T12:55:00Z")

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> [@Mijin](#):
>
> The evidence just won’t matter if most Americans don’t hear it.

We need to televise the court proceedings, and then crate a PR buzz about how “This is going to be lit! We can watch Trump demolish the Deep State and Sleepy Joe’s Puppets live on TV!!!”, just so that the MAGAts will tune in, and accidentally hear the actual evidence.

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [August 5, 2023, 1:13pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/668 "2023-08-05T13:13:14Z")

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> [@aurora\_maire](#):
>
> Would they put him in jail if he won’t shut up? I guess we will see. But he would love it if they did that. He would see it as a win. Because he is a lunatic and at this point, still believes he can kick all this down the road to the election.

This is a man who cannot stand to be called Mr. Trump instead of President Trump. A man who is used to his creature comforts and having his whims catered to. I don’t think he’ll view being in jail as any kind of victory. His entire day will be controlled by others. Where he goes, when he eats, what he eats, etc., etc. I don’t believe Trump is daring anyone to throw him in jail, I think he’s just used to escaping the consequences of his actions and expects he can do so here as well.

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**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:** [August 5, 2023, 1:18pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/669 "2023-08-05T13:18:14Z")

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> [@Odesio](#):
>
> I don’t think he’ll view being in jail as any kind of victory.

I’m pretty sure he’s delusional enough to have that tough-guy fantasy of being the one in prison that everyone else fears, but the reality of:

> [@](#):
>
> His entire day will be controlled by others. Where he goes, when he eats, what he eats, etc., etc.

…will absolutely kick his ass in a matter or hours, or maybe even minutes. The first time he’s faced with the reality of not being in control, and not having paid staff catering to his every whim, he’s going to _absolutely lose it._

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [August 5, 2023, 1:30pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/670 "2023-08-05T13:30:57Z")

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> [@Odesio](#):
>
> I don’t think he’ll view being in jail as any kind of victory.

Anyone want to place bets (not literally) on whether Trump will flee the country?

I think he will try to delay trial/sentencing long enough to become president. If he does then all bets are off. If he doesn’t then he’ll run.

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**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:** [August 5, 2023, 1:41pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/671 "2023-08-05T13:41:38Z")

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The “televise the trial” idea is gaining strength. From what I understand, it is up to roberts.

I believe roberts may just go for it. With all that is happening around his court, he may not want to have more thrown at him. Aside from the main fact of “it is the right thing to do”.

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**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:** [August 5, 2023, 1:41pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/672 "2023-08-05T13:41:50Z")

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There is no conflict between the duties of prison guards and the duties of the Secret Service. Both have a duty to protect the prisoner: Very well, they can cooperate with that. The prison guards also have the duty to prevent prisoners from escaping: That also does not conflict with the Secret Service.

It might be slightly more complicated than usual to have two different law enforcement agencies tasked with protecting the same person, but those complications are nothing that can’t be worked out.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [August 5, 2023, 1:43pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/673 "2023-08-05T13:43:04Z")

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> [@Chronos](#):
>
> It might be slightly more complicated than usual to have two different law enforcement agencies tasked with protecting the same person, but those complications are nothing that can’t be worked out.

The SS detail that would have to protect Trump in prison would have to be on someone’s shit-list. Worst. Detail. Ever.

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**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\
**Post date:** [August 5, 2023, 1:48pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/674 "2023-08-05T13:48:19Z")

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For the prosecution to win, how many of the jury members have to agree? Is it just a majority or could it be a hung trial if their decision is not unanimous?

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<div class="post-metadata">

**Author:** ![chappachula](https://avatars.discourse-cdn.com/v4/letter/c/d2c977/32.png) [@chappachula](https://boards.straightdope.com/u/chappachula)\
**Post date:** [August 5, 2023, 1:51pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/675 "2023-08-05T13:51:58Z")

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> [@Mijin](#):
>
> If none of the trials are televised, trump wins

Trump will win anyway.  
Trumps defense is to SHOUT in capital letters and GENERATE EXCITEMENT about the horrible persecution he is suffering from.  
And that makes for good ratings, and generating support.

But the prosecution has to speak reasonably and logically. That doesn’t make good ratings.

Even if the they are televised, trials are boring.

There might be a few soundbites, but not enough to sway the voters.  
Imagine:  
Prosecutor: --“Mr. Trump, did you put the boxes of top secret papers in the bathtub?”  
Tump::"Yes, I did…but so what? "  
Followed by a long, very boring, recital by the prosecutor, as he enters into the court record the serial numbers of specific documents and their category of classification, and whether they were about defense, or about political issues, etc

That’s not going to generate high ratings from the undecided voters who will be crucial in the election. (It will generate high ratings on MsNBC, etc, but that’s irrelevant.) Trump still wins.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [August 5, 2023, 2:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/676 "2023-08-05T14:02:08Z")

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> [@Aspenglow](#):
>
> I understand that.
> 
> How else do you imagine they’ll control his big mouth if he can’t stop talking?

Sorry–when I read “protective order,” I misunderstood it to refer to an order for _personal_ protection, like a domestic violence protective order–that Smith was worried Trump’s insane clown posse were gonna come after him. I thought other folks might have the same misunderstanding.

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<div class="post-metadata">

**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:** [August 5, 2023, 2:04pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/677 "2023-08-05T14:04:47Z")

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> [@chappachula](#):
>
> There might be a few soundbites, but not enough to sway the voters.  
> Imagine:  
> Prosecutor: --“Mr. Trump, did you put the boxes of top secret papers in the bathtub?”  
> Tump::"Yes, I did…but so what? "  
> Followed by a long, very boring, recital by the prosecutor, as he enters into the court record the serial numbers of specific documents and their category of classification, and whether they were about defense, or about political issues, etc

Except they’re not talking about televising the Mar-A-Lago case. They’re talking about televising the election interference/January 6th case. Which is the subject of this thread. There’s another thread for Mar-A-Lago.

Trials are sometimes boring. And sometimes they’re lively as hell. I know what I’m expecting from Jack Smith’s team.

* * *

> [@Love\_Rhombus](#):
>
> I was watching CNN and they brought up an interesting question: what if the defense wants to talk about election interference?

Doesn’t this argument cut both ways? Isn’t what Trump is doing also election interference, propagating misinformation every time he opens his big mouth?

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [August 5, 2023, 2:15pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/678 "2023-08-05T14:15:59Z")

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> [@Aspenglow](#):
>
> Doesn’t this argument cut both ways? Isn’t what Trump is doing also election interference, propagating misinformation every time he opens his big mouth?

My understanding is that Smith’s arguing that _propagating misinformation_ is protected speech, except when it’s done in an attempt to break a law. So, saying, “THE ELECTION WAS STOLEN!” is protected; but saying, “THE ELECTION WAS STOLEN and that’s why you should sign on to this slate of false electors in violation of federal law” is not.

Is this correct?

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<div class="post-metadata">

**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [August 5, 2023, 2:17pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/679 "2023-08-05T14:17:51Z")

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> [@Atamasama](#):
>
> I think it would be extremely unlikely. I don’t think deliberation will take all that long.

I wouldn’t even bother to sit down.

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<div class="post-metadata">

**Author:** ![Mijin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mijin/32/9369_2.png) [@Mijin](https://boards.straightdope.com/u/Mijin)\
**Post date:** [August 5, 2023, 2:22pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/680 "2023-08-05T14:22:37Z")

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> [@chappachula](#):
>
> Trump will win anyway.  
> Trumps defense is to SHOUT in capital letters and GENERATE EXCITEMENT about the horrible persecution he is suffering from.  
> And that makes for good ratings, and generating support.
> 
> But the prosecution has to speak reasonably and logically. That doesn’t make good ratings.
> 
> Even if the they are televised, trials are boring.

Well at implied by my previous post, I disagree.

Right wing media went to a lot of trouble to tell their viewers why they didn’t need to watch the Jan 6th hearings. Those that broadcast them would cut away when things like the videos of the violence were shown.

Why? Because their viewers live in a bubble and genuinely believe crap like that Jan 6th was peaceful.

_An actual trial_ is much harder for those channels to ignore, or cut away from. One way or another some trumpists, as well as just the vast plurality of people that don’t normally follow politics, will be confronted with the truth.

Also…you mentioned Trump taking the stand. That would be an absolute dream. Lawyers say that “a few good men” moments don’t happen in real life. But trump is Jack Nicholsons character every day (apart from any sense of duty).  
That’s why he would never testify.

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<div class="post-metadata">

**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [August 5, 2023, 2:23pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/681 "2023-08-05T14:23:48Z")

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> [@Whack-a-Mole](#):
>
> The SS detail that would have to protect Trump in prison would have to be on someone’s shit-list. Worst. Detail. Ever.

How so? It wouldn’t be a worse job than being a prison guard.

> [@filmore](#):
>
> For the prosecution to win, how many of the jury members have to agree? Is it just a majority or could it be a hung trial if their decision is not unanimous?

A guilty verdict requires a unanimous decision.

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