# 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:** 37

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**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:** [August 5, 2023, 5:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/722 "2023-08-05T17:02:27Z")

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> [@PhillyGuy](#):
>
> He would go to a well-run low security facility with other elderly and/or non-violent offenders.

Yes, this, which would be less unpleasant for his Secret Service detail, and less oppressive than max security facilities. But he’d still no longer be the big guy in charge, he’d still be subject to following a routine not of his own devising, and he’d still have his communications restricted and monitored. He’d be miserable.

Oh, yeh, and no gold toilet fixtures, poor baby.

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**Author:** ![DWMarch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dwmarch/32/1010_2.png) [@DWMarch](https://boards.straightdope.com/u/DWMarch)\
**Post date:** [August 5, 2023, 5:03pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/723 "2023-08-05T17:03:39Z")

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But this is also true if he is in the White House.

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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, 5:08pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/724 "2023-08-05T17:08:02Z")

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> [@enipla](#):
>
> The rest will have to convince the one hold out of the facts. BUT MAGAs are immune to facts.

I thought along these lines before the Carroll verdict, but [the apparent right winger on that jury](https://www.nytimes.com/2023/05/10/nyregion/trump-carroll-trial-juror-right-wing-podcast.html) didn’t prevent Trump from losing.

Politicians often win jury trials. [Here’s a recent example from where I live.](https://whyy.org/articles/kenyatta-johnson-corruption-retrial-verdict-acquitted/) So I don’t think Trump will lose all his cases — and don’t think he will win all.

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**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:** [August 5, 2023, 5:12pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/725 "2023-08-05T17:12:19Z")

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> [@steronz](#):
>
> A retrial might be the norm, but I’m skeptical that Smith would retry this one.

It often depends on whether it’s 11-1 or 1-11. I imagine as soon as a mistrial is declared the judge will ask the attorneys if they’ll be ready to start the retrial in two weeks.

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [August 5, 2023, 5:16pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/726 "2023-08-05T17:16:46Z")

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The Secret Services job is to keep Mr. Trump away from harm, in prison the guards are the source of possible harm. It’s not unheard of for guards to harass and harm prisoners, so this creates a problem for the agents guarding Mr. Trump, as they would have to guard him against the guards.  
Sadly, because of this and the political optics involved he will never see an actual prison. I believe house arrest with limited access to social media is the best we can realistically hope for in this situation. Perhaps the judge could levy a significant fine or the prosecutor could work out a plea deal for a significant cash bond, say a billion or so in lieu of actual prison time. Make him sell some of his assets as that would hit him where it hurts.

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [August 5, 2023, 5:18pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/727 "2023-08-05T17:18:45Z")

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> [@Procrustus](#):
>
> It often depends on whether it’s 11-1 or 1-11.

Is the vote margin made made available to the judge and attorneys? IANAL, but I thought this was not revealed, at least in the courtroom.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [August 5, 2023, 5:25pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/728 "2023-08-05T17:25:53Z")

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> [@enipla](#):
>
> BUT MAGAs are immune to facts.

OTOH, it’s my impression that they’re less patient than thinking people are, and may grow bored because they have Better Things To Do and just throw up their hands and vote Guilty.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [August 5, 2023, 5:31pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/729 "2023-08-05T17:31:47Z")

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Or they could keep him in Trump Tower. I could just imagine him pressed against a window and staring out at the world like a suction-cup Garfield.

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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, 5:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/730 "2023-08-05T17:34:13Z")

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> [@Si\_Amigo](#):
>
> The Secret Services job is to keep Mr. Trump away from harm, in prison the guards are the source of possible harm.

Historically, POTUS is the most dangerous job in America. The legitimate job of the Secret Service is to mitigate that risk. Once Trump was in a well-run prison, that mitigation would be complete.

If federal prison guards are harming prisoners, that is, to me, a bigger problem than any one prisoner. I wish it or no one. If it did happen to Trump, I hope it would be not cause him lasting harm, and that resultant publicity would lead to prison reform.

> [@](#):
>
> I believe house arrest with limited access to social media is the best we can realistically hope for in this situation.

Federal prisoners get to spend up to half the day on an email system. I don’t see how Trump could be prevented from asking his correspondents to put things up on Truth Social or X unless the judge made up a new punishment not in the sentencing guideline. To me, the judge making up punishments not in the guidelines is arbitrary and wrong.

Of course we are getting ahead of ourselves. He may be acquitted.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [August 5, 2023, 5:34pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/731 "2023-08-05T17:34:44Z")

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To MAGA, a guilty verdict is proof of the deep state corruption and means they just have to fight harder. A guilty verdict is a verdict of innocence.

I couldn’t give a rat’s ass what lunatics think. That doesn’t matter. I want to see justice done.

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [August 5, 2023, 5:37pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/732 "2023-08-05T17:37:33Z")

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> [@PhillyGuy](#):
>
> To me, the judge making up punishments not in the guidelines is arbitrary and wrong.

Which is why it would be more likely that the prosecutor could make it a condition of a plea deal. Either accept these conditions or go to a real prison would be his options. At some point during the trial Mr. Trump may actually see that he is going to lose his case and that Smith is actually going to put him away.

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**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, 5:57pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/733 "2023-08-05T17:57:10Z")

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> [@filmore](#):
>
> Is there any realistic way for this trial to end up with a guilty verdict? Just one MAGA follower on the jury is all that’s needed to prevent a unanimous guilty decision.

Remember that he was tried recently for libel and sexual assault, and was found liable. Apparently, there was a MAGA person on the jury, but they were persuaded by the evidence and did the right thing.

I think there’s a good chance of conviction.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [August 5, 2023, 5:58pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/734 "2023-08-05T17:58:50Z")

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> [@JohnT](#):
>
> [https://twitter.com/MacFarlaneNews/status/1687851783475896320?t=2xtr04mU5aiba3HBGrX4cQ&s=19](https://twitter.com/MacFarlaneNews/status/1687851783475896320?t=2xtr04mU5aiba3HBGrX4cQ&s=19)
> 
> “seeking order that Trump not post or disseminate evidence (including grand jury transcripts)”

_Ooooo_ “grand jury transcripts”…what a temptation that has to be for DJT! And how delicious if he would do it!

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**Author:** ![Skypist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skypist/32/169_2.png) [@Skypist](https://boards.straightdope.com/u/Skypist)\
**Post date:** [August 5, 2023, 6:00pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/735 "2023-08-05T18:00:03Z")

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> [@filmore](#):
>
> Is there any realistic way for this trial to end up with a guilty verdict? Just one MAGA follower on the jury is all that’s needed to prevent a unanimous guilty decision.

This trial will be held in DC, so I’m hoping there will be fewer MAGAs to choose from and even the MAGA- leaning may be more aware of what happened on Jan 6 than low-info citizens/voters in the rest of the country. I hope.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [August 5, 2023, 6:03pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/736 "2023-08-05T18:03:09Z")

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> [@Skypist](#):
>
> This trial will be held in DC

Between that and the judge, I think there’s a good chance they keep MAGA folks out of the jury.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [August 5, 2023, 6:04pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/737 "2023-08-05T18:04:11Z")

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Apropos of nothing, I have always like the term “stochastic terrorism:”

> the public demonization of a person or group resulting in the incitement of a violent act, which is statistically probable but whose specifics cannot be predicted.

Yeah. Not sure why this occurred to me this morning, but … there it is.

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**Author:** ![JohnGalt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johngalt/32/184_2.png) [@JohnGalt](https://boards.straightdope.com/u/JohnGalt)\
**Post date:** [August 5, 2023, 6:05pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/738 "2023-08-05T18:05:55Z")

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> [@filmore](#):
>
> It would be like trying to get Christians to convict Jesus of something.

If a “real” Christian believes that Jesus must die so … eternal salvation or the start of the end times or something … wouldn’t they want to convict Jesus? What better way to convince the world that the Deep State really exists than to let Trump be convicted and _persecuted_ for the good of the world. There’s possibly a deranged MAGA-nut juror that might see themselves as furthering the fate of the world and vote guilty, thus ensuring Trump is crowned in glory as savior for “the rest of us”. 😉

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**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, 6:19pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/739 "2023-08-05T18:19:42Z")

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Legal Eagle comments

[![](https://img.youtube.com/vi/SbIhNmoZLJQ/maxresdefault.jpg "The Insane Trumpsurrection Indictment in DC") ](https://www.youtube.com/watch?v=SbIhNmoZLJQ)

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**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:** [August 5, 2023, 6:30pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/740 "2023-08-05T18:30:57Z")

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> [@Railer13](#):
>
> Is the vote margin made made available to the judge and attorneys? IANAL, but I thought this was not revealed, at least in the courtroom

Typically the poll the jurors individually.

Criminal Rule 31

> (d) **Jury Poll**. After a verdict is returned but before the jury is discharged, the court must on a party’s request, or may on its own, poll the jurors individually. If the poll reveals a lack of unanimity, the court may direct the jury to deliberate further or may declare a mistrial and discharge the jury.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [August 5, 2023, 6:56pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/741 "2023-08-05T18:56:03Z")

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> [@Peter\_Morris](#):
>
> Legal Eagle comments

Um… this is a 22-min video. A few highlights or summary statements would be appreciated. What was the most salient point _to you_?

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