Increased Peril for Trump as Jack Smith Leaves Himself Plenty of Room for More Charges in Mar-a-Lago Case

What if Special Counsel Jack Smith’s 37-count indictment of President Trump and his valet, Waltine Nauta, was not his piece de resistance, but a rough draft of an even larger prosecutorial programme centered on Mr. Trump’s handling of classified material?That possibility came into focus with indications as Mr. Smith’s probe appears to be unyielding both in Florida, where charges have already been handed up and in Bedminster, where documents were likewise stashed and whence audio has emerged of Mr. Trump discussing what sound like possible attack plans for Iran.The mutating nature of the legal threats against Mr. Trump reflects not only that the former president has broad legal exposure but also the reality that securing a conviction against Mr. Trump will be far from a slam-dunk and that Mr. Smith could decide to diversify the risk of a jury handing up a verdict of “not guilty.” The apparent refusal of Mr. Smith to rest on his charges so far is suggested by a report in the New York Times that subpoenas have of late been issued by the grand jury in Florida, indicating that it is far from senescent and that further charges could be in the works, whether against Mr. Trump or others. Of the hundreds of documents recovered from Mar-a-Lago, Mr. Smith has thus far argued that only 31 of them serve as the bases for crimes, leaving plenty of uncharged terrain. The indictment also named only two defendants, Messrs. Trump and Nauta. That could reflect a minimalist approach that could allow for augmentation. Several other employees of Mr. Trump, and one family member, are mentioned in the indictment, but not named.Mr. Trump himself could also face more Florida-based charges. The Constitution’s Fifth Amendment ordains that, in the words of the Department of Justice, “no person can be convicted twice of the same offense.” It is rooted in English common law and could stretch as far back as the codes of ancient Rome. The Constitution, though, promises that no person “shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” The Supreme Court has held “offense: to mean charges, not underlying actions, meaning that a cascade of charges can flow from the same underlying behavior. If Mr. Smith does decide that more charges are in order, he will likely issue what is known as a “superseding indictment” that would replace the indictment already filed. This updated version could add charges, delete them, or name new persons. It would replace the previous indictment and also must be obtained from a grand jury.Mr. Smith could bring a superseding indictment at Florida, or an entirely new one at New Jersey. That could charge Mr. Trump under the same statutes he will have to fend off in Florida, but would link them to the documents at Bedminster, whose contents, unlike those at Mar-a-Lago, Mr. Trump is alleged to have shared with others. He could be charged separately for retention of classified material and the dissemination of it. For Mr. Smith, such a multi-venue approach — most of the investigation was conducted by a grand jury in the District of Columbia, not the one in south Florida — could have the advantage of evading Judge Aileen Cannon’s courtroom at Fort Pierce, Florida, and the largely conservative pool from which a jury would be drawn. If Mr. Smith were to decide to pile file in respect of Bedminsiter charges atop the ones already filed in Florida, two incidents that have already surfaced in the indictment could throw off more charges. Mr. Trump is alleged to have shared to “a representative of his political action committee,” that an ongoing military campaign was “not going too well.” ABC News reports the representative was a senior adviser to Mr. Trump, Susie Wiles. Mr. Trump allegedly told her “not to get too close” because she lacked proper security clearance. She has met multiple times with Mr. Smith’s office. There was also a colloquy where the former president is alleged to have gesticulated toward a document detailing an attack plan on Iran. “These are the papers,” Mr. Trump is alleged to have said to Ms. Wiles and others. He told ABC News, though, that he was merely engaging in “bravado” and that “plans” did not mean military contingencies but “plans of buildings. You know, building plans? I had plans of a golf course.”

Increased Peril for Trump as Jack Smith Leaves Himself Plenty of Room for More Charges in Mar-a-Lago Case

More from the New York Sun

Pam Bondi Plows Past ‘Paperwork Mistake’ To Revive Criminal Prosecutions Against Letitia James and James Comey

How Margot Robbie Made Girlboss Cinema a Brand

Judge Blocks Trump Administration From Cutting Funds to California for Not Disclosing Students’ Gender Transitions to Parents

More from the New York Sun

Pam Bondi Plows Past ‘Paperwork Mistake’ To Revive Criminal Prosecutions Against Letitia James and James Comey

How Margot Robbie Made Girlboss Cinema a Brand

Judge Blocks Trump Administration From Cutting Funds to California for Not Disclosing Students’ Gender Transitions to Parents

‘Wuthering Heights’ Is a Mad, Bad, and Sexy Romp That Makes Brontë ‘Brat’

Pro-Hamas Activist Provokes Outrage — by Insisting Dogs Should Be Homeless

The Democrats Beyond the Water’s Edge

Student Sues University of Michigan, Claiming It Mistook Her Anxiety-Ridden Writing Style for AI

Bipartisan Group in Congress Warns of ‘Serious Safety Risk’ From Illegal Biolabs