Jack Smith’s Indictment Tactic Faces Legal Hurdle with Mike Pence’s Role in Election Certification
REUTERS/Jonathan Ernst
When special counsel Jack Smith filed a superseding indictment against former President Donald Trump in the federal election interference case, he strategically excluded evidence that might conflict with the Supreme Court’s immunity decision.
However, he made a calculated move by keeping in former Vice President Mike Pence — using a nuanced legal argument. Whether this approach will hold up in court hinges on a critical issue, according to CNN legal analyst Jennifer Rodgers, who discussed the matter with anchor Phil Mattingly.
“It appears that what Smith is trying to do here is to take a lot and put it outside the orbit of the office of the presidency,” said Mattingly. “The special counsel is arguing also that the former vice president, his vice president, Mike Pence, that his role in certifying the election results was ceremonial, not part of his duties as vice president. You think that’s going to work?”
“Yeah. That’s the big question to me, it’s the thing that’s closest to the line,” Rodgers responded. “Was he wearing his hat of vice president or was he wearing the hat of the president of the Senate when this pressure campaign was going on? And that’s where I think Jack Smith may have the most trouble on appeal and even perhaps initially with Judge [Tanya] Chutkan, in where that conduct falls.”
Rodgers pointed out that Smith’s legal team has otherwise done a solid job distinguishing between Trump’s official and unofficial actions. However, she noted that the argument concerning Pence’s role is where Smith may encounter significant challenges. This issue will likely be one of the first to be addressed by Judge Chutkan, especially if Trump’s legal team moves to dismiss the indictment.
“But we’re at the starting line,” Rodgers added. “And we’ll see now again what happens as soon as this is under consideration by the court.” This legal battle will likely be a focal point in the ongoing proceedings, with the interpretation of Pence’s role during the certification process potentially becoming a key issue that could determine the strength of the superseding indictment.
