# 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:** 87

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**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:** [October 24, 2023, 9:48pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1722 "2023-10-24T21:48:09Z")

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I think people are understandably confused.

Powell, Chesebro and Ellis have agreed to testify in the Georgia case. We don’t know if there are yet agreements in the federal January 6th case.

Meadows has agreed to testify in the federal January 6th case. We don’t know if he has agreed to testify in the Georgia case. But probably.

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**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\
**Post date:** [October 24, 2023, 9:49pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1723 "2023-10-24T21:49:22Z")

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> [@DavidNRockies](#):
>
> This – to the detriment of some of these Defendants and Witnesses – just makes it incrementally harder every day to withhold, distort, or outright lie.

Ahem. Harder to withhold, distort, or outright lie _in a court of law_ is probably what you meant and I understood. They can and will continue to do all of the above, with ever increasing fervor in the court of public opinion though, and the targets will continue to eat it up. Which is going to further fuel the cognitive dissonance of said targets, and further jeopardize our Representative Government.

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**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:** [October 24, 2023, 9:50pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1724 "2023-10-24T21:50:38Z")

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The two cases are quite closely linked, in terms of the factual evidence of a conspiracy to overturn the election.

Would I be right in saying that it’s sort of like the Georgia case is a subset of the Jack Smith Federal case?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 24, 2023, 9:52pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1725 "2023-10-24T21:52:15Z")

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> [@MulderMuffin](#):
>
> Does their promise to testify extend beyond the boundaries of the Georgia case?

Don’t know. We’ll have to wait and see just how broad that commitment is. But the potential is certainly there. Smith gave meadows immunity for his testimony before the grand jury. Presumably a similar arrangement is a possibility at trial. And the others are in jeopardy for future charges federally.

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**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:** [October 24, 2023, 9:54pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1726 "2023-10-24T21:54:59Z")

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Yes, I think that’s a really good way to look at it.

Georgia is focused on how _their_ election was being rigged. But because Willis charged it as a RICO case, she can reach beyond Georgia to demonstrate that the conspiracy was far and wide, including bringing in evidence from other states.

The federal January 6th case focuses on the total scheme occurring nationally. However, Smith has (wisely in my view) chosen to start with trying the most culpable defendant first: Trump.

There will be more prosecutions relating to the total scheme as time goes on. Those unindicted co-conspirators will be indicted at some point.

ETA: I have very little doubt that both the Georgia case and the Trump January 6th case will be tried before the election in November 2024.

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [October 24, 2023, 10:00pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1727 "2023-10-24T22:00:05Z")

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> [@Northern\_Piper](#):
>
> Don’t know. We’ll have to wait and see just how broad that commitment is. But the potential is certainly there. Smith gave meadows immunity for his testimony before the grand jury. Presumably a similar arrangement is a possibility at trial. And the others are in jeopardy for future charges federally.

I was also wondering about this. I was reading somewhere, that as Powell and Chesebro are co-conspirators in the federal case they pretty much have to do a deal with Jack Smith for immunity, as if they deny wrongdoing in the federal case and admit it the Georgia case they open themselves up to charges of perjury. IANAL though so don’t know if this argument makes sense.

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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:** [October 24, 2023, 10:12pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1728 "2023-10-24T22:12:01Z")

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Meadows better get a good deal out of Georgia. Time is ticking in ga…

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**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:** [October 24, 2023, 11:12pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1729 "2023-10-24T23:12:05Z")

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> [@Aspenglow](#):
>
> ETA: I have very little doubt that both the Georgia case and the Trump January 6th case will be tried before the election in November 2024.

Trump’s lawyers are going to be laser focused on preventing just this. It’s their only hope.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [October 24, 2023, 11:25pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1730 "2023-10-24T23:25:07Z")

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And if the loser loses. With cases that are still pending. 🎉

People are right, he will spend limited time in a jail cell. His time will spent in a court room.

I think we should sue him for all this is costing the U.S. Oh and as Donnie figured out ‘us’

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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:** [October 26, 2023, 6:35pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1731 "2023-10-26T18:35:02Z")

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> **[Special counsel accuses Trump of 'threatening' ex-chief of staff Mark Meadows...](https://news.yahoo.com/gma/special-counsel-accuses-trump-threatening-172100997.html)**
>
> Special counsel Jack Smith is accusing former President Trump of threatening Mark Meadows, after an ABC News report detailed what Meadows allegedly told investigators.

> [@](#):
>
> The ABC News report said that, according to sources, Meadows was granted a form of immunity under which the information he provided to the grand jury in March – before Trump was indicted in Washington – can’t be used against him in a federal prosecution.
> 
> After the ABC News report, Trump posted to his social media platform, Truth Social, that he wouldn’t expect Meadows to “lie about the Rigged and Stolen” election “merely for getting IMMUNITY,” but, “Some people would make that deal.”
> 
> “[T]hey are weaklings and cowards, and so bad for the future of our Failing Nation,” Trump wrote.
> 
> In a filing Wednesday night to the judge presiding over Trump’s federal election interference case in Washington, Smith’s team said Trump’s “harmful” post on Truth Social was trying to “send an unmistakable and threatening message to a foreseeable witness in this case.”

The Irrepressible Donald J. Trump.

Your move, Judge Chutkan! (The narrow Gag Order having been temporarily suspended pending appeal).

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<div class="post-metadata">

**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:** [October 26, 2023, 7:27pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1732 "2023-10-26T19:27:11Z")

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Which leads me to wonder, even without a Gag Order isn’t it just plain illegal to threaten a witness agaisnt you? What would they do to a mob boss that inferred that it would be terrible if harm may become a witnesses family member unless they do the right thing.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [October 26, 2023, 7:41pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1733 "2023-10-26T19:41:35Z")

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Lisa Rubin on MSNBC said exactly that this morning, though I don’t recall the statute she cited.

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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:** [October 26, 2023, 7:50pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1734 "2023-10-26T19:50:31Z")

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I think it’s likely to be right here:

> **[18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant](https://www.law.cornell.edu/uscode/text/18/1512)**

My guess: (b)(2)(A) [I stitched the relevant sections together]

> Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to cause or induce any person to withhold testimony, or withhold a record, document, or other object, from an official proceeding…

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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:** [October 26, 2023, 8:39pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1735 "2023-10-26T20:39:07Z")

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jack smith has filed to have the trump gag order reimposed.

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**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:** [October 26, 2023, 8:54pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1736 "2023-10-26T20:54:12Z")

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Smith hasn’t just asked for the gag order to be reinstated. He’s also asked that compliance with the gag order be made a specific condition of Trump’s release pending trial.

Which means if Trump violates the gag order, off to jail he goes.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 26, 2023, 9:06pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1737 "2023-10-26T21:06:03Z")

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> [@rocking\_chair](#):
>
> jack smith has filed to have the trump gag order reimposed.

is that with the trial judge, or the appeals court?

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**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:** [October 26, 2023, 9:10pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1738 "2023-10-26T21:10:06Z")

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Trial judge, Judge Chutkan.

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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:** [October 26, 2023, 10:35pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1739 "2023-10-26T22:35:08Z")

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That’s a tougher approach than Judge Engoron has taken so far, though one can see that Trump is skating onto thin ice with him, too. Do you think the difference in level of penalty severity (assuming Judge Chutkan accedes to Smith’s request) is reflective of the difference between a civil matter and a criminal prosecution?

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**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:** [October 26, 2023, 10:43pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1740 "2023-10-26T22:43:01Z")

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I don’t think so, as there’s not really any practical difference in the issues at hand. Each judge must weigh Trump’s rights to free speech against protection of trial-involved persons (witnesses, etc.), whether civil or criminal.

My best guess is available resources. The federal government has a lot more resources to dedicate to Trump’s detention than the State of New York. The New York trial is a bench trial, Judge Engoron knows he is not going to be swayed on way or another by Trump’s antics in issuing his verdicts and the feds have a lot more at stake as it pertains to tainted witnesses and jurors. I suspect Judge Engoron is hoping they will take the lead in this situation. If Trump is detained by the feds, the State of New York gets the benefit of it, too.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [October 26, 2023, 11:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/1741 "2023-10-26T23:02:26Z")

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> [@DavidNRockies](#):
>
> [Special counsel accuses Trump of 'threatening' ex-chief of staff Mark Meadows following ABC News report](https://news.yahoo.com/gma/special-counsel-accuses-trump-threatening-172100997.html)

From your cited article:

> [@](#):
>
> The former president has frequently derided Smith using language that questions his sanity.

I like how that can be read two ways.

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