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U.S. Special Counsel Jack Smith makes a statement to reporters about the 37 federal charges returned by a grand jury in an indictment of former U.S. President Donald Trump on charges of unauthorized retention of classified documents and conspiracy to obstruct justice, as Smith speaks at his offices in Washington, U.S. June 9, 2023.
Special counsel drops new Trump indictment
Special counsel Jack Smith filed a new superseding indictment in former President Donald Trump’s election interference case on Tuesday. Smith aimed to conform with the Supreme Court’s ruling granting broad immunity to presidents for official acts. The new indictment removes charges associated with Trump allegedly directing his Justice Department to conduct phony election fraud investigations and choose fraudulent electors, as the high court ruling protects them as official acts.
Smith filed the indictment just ahead of the DOJ’s “60-day rule,” which discourages filing politically sensitive cases near elections. He said in a written notice to the court that the indictment reflects the finding of “a new grand jury that had not previously heard evidence in this case.”
Smith will not seek to have Trump re-arraigned, and it’s highly unlikely that the case will be resolved before the election.
What does this mean for the campaign? It may not move the needle much, says Eurasia Group’s Clayton Allen.
“Voters will have a hard time keeping [Trump’s] different cases separate, and we've seen them recede as important factors in polling and public opinion,” he says. “Basically, the criminal stuff has been overshadowed by, well, everything that has happened in the last couple of months.”
Still, the ongoing legal actions could have significant implications for Trump. “The dogged attempts by federal prosecutors," says Eurasia Group US managing director Jon Lieber, "make the stakes of this election clear: If Trump loses, he's probably going to jail.”
Special Counsel Jack Smith makes a statement to reporters about the 37 federal charges returned by a grand jury in an indictment of former U.S. President Donald Trump on charges of unauthorized retention of classified documents and conspiracy to obstruct justice as Smith speaks at his offices in Washington, U.S. June 9, 2023.
Why did a federal judge just dismiss Trump’s classified documents case?
Donald Trump has just received some very welcome news: Aileen Cannon, the federal judge overseeing the indictment alleging that Trump took classified documents when he left office, has just thrown out the case.
Cannon, a federal judge appointed by Trump, ruled that the appointment of special counsel Jack Smith violated the Appointment Clause of the Constitution because he was not appointed by the president or confirmed by the Senate. Her decision goes against the post-Watergate precedent that upheld the legality of independent prosecutors.
The idea that Smith, who was appointed by Attorney General Merrick Garland, was unconstitutionally appointed was initially raised in the recent Supreme Court decision giving the president substantial immunity from criminal prosecution. Justice Clarence Thomas encouraged “lower courts” to look into the “essential questions concerning the special counsel’s appointment.”
What does the constitution say: The Appointment Clause says that the president and the Senate have the power to appoint “Officers of the United States” but that Congress may allow “inferior officers” to be appointed by “the heads of departments,” like the Attorney General.
So the discrepancy is whether the special council is considered an inferior officer and whether, as Thomas wrote, his appointment was valid “unless a statute created the special counsel’s office and gave the Attorney General the power to fill it.”
Smith will inevitably appeal, but the decision means that Trump has overcome another major legal threat – and this one on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president.
The US is the world's most dysfunctional major democracy
Ian Bremmer's Quick Take: Hi, everybody. Ian Bremmer here and a Quick Take to kick off your week. I want to talk about US elections and democracy.
This has been the year 2024 of elections all over the world. And most of them are going just fine. I mean, pretty much almost all of them. Okay, Russia is not a democracy. So you shouldn't really talk about elections because it's not like the people actually have a choice. It's Putin or it's Putin. But everywhere else, we've had elections that are free and fair and peaceful, and they've led to stable transitions, whether they're voting people out, or whether they're clipping their power or whether they're doubling down on them. And that's been true in Indonesia and Mexico and South Africa, India, the European Parliament. And soon it will be true in the coming weeks, first in France and in the United Kingdom. So it's not like democracy all over the world is in crisis or is about to fall apart. It's not like most countries can't have normal elections.
But the United States is an outlier. it's of course, the most powerful country in the world, but it's also the most dysfunctional major democracy. It's a democracy in crisis, and it's getting worse. In 2020, of course, there was an election that was very seriously contested. Former President Trump claimed the vote was rigged. It wasn't. But he continues to push forward that narrative. And it has been supported by pretty much the entire Republican Party leadership because he's in charge of the party and as a consequences believed by a strong majority of Republican voters. That is unique among advanced industrial democracies.
And indeed, you see Trump continuing to say the only way the election could be legitimate this time around is if he wins. If he loses, it's obviously rigged. That's clearly problematic for a former president and a presidential candidate in a democracy. But it's worse than that because this time around, you have questions of legitimacy that are beyond the vote, but about the nature of the election itself. Trump's view, whether he believes it or not, is sort of immaterial, but certainly it's what he is promoting, is that the indictments against him, the criminal cases against him, now the 34 convictions against him are politicized by the Democratic Party, by President Biden to make it impossible for him to win a legitimate election. In other words, using the political power of the incumbent party and leadership to delegitimize the election.
That's what he's saying. Again, it's not true, but to the extent that that is the case that implies that, if Trump loses, it's not just because of a rigged vote, it's because of a rigged system. It's because, you know, he was undermined by these illegitimate cases, by the criminalization of the entire judiciary, the capture of the one branch of government by another branch of government, and it's politicization. So that that's the way that Trump is running, Biden is running, saying that Trump is a clear and present danger to democracy, that the country could become authoritarian, that you could lose your democracy if he becomes president. So everything is at stake.
And also the fact that he has been impeached twice, the fact that he has faced these indictments, including convictions, means that he is illegitimate, shouldn't be allowed to run for president, never mind be elected president. That is the Democratic view that Trump is not legitimate as a candidate. So it goes beyond who wins the vote.
It's the reality that Trump and Biden are now portraying the other as illegitimate in terms of the way that the election is being conducted itself. The very reality of a democratic election in that regard no longer holds for the messaging coming from the Democratic and Republican leadership. So is this about Trump? And the answer is only partially, he is a major symptom of the dysfunction and the crisis that US democracy is presently facing.
But it is also very important to recognize a deeper problem, which is that, many Americans believe that their country, my country, is no longer a representative democracy. That powerful, moneyed, special interests, across the board, whether we talk about the defense complex or, pharmaceutical companies or big finance or, you name it, the NRA or the teachers lobby or the police lobby or you name it, that powerful interests are able to capture the political system policies, the regulatory system, and ensure that government does not reflect the interests of the average American.
And it is true that the US is far more captured by special interests. And you see this with the Citizens United ruling by the Supreme Court. You see this with the ungodly amount of money that goes into campaigning for American elections from the presidency all the way down to the House of Representatives. You see this across the board in the way policy can and cannot be made in the United States.
And this is why you have people talking about a uniparty or the blob in foreign policy or even the deep state. And a lot of this is conspiracy theory, and it's certainly not true that there was a shadowy group of people that are actually forming, you know, sort of policy and controlling the president. But the reality, in a sense, is more disturbing than that. It is that the system is so structurally weak and so controlled by money and power of people that are not voted for office that it feels like an non-representative, non-democracy to large numbers of Americans who no longer share the values that America was founded on. They don't see that the country reflects that.
And to the extent the US is unique among G7 countries in being unrepresentative in governance of its people, you see a lot of that in Trump support, that people out there want someone who is angering the establishment, angering the mainstream media, someone that says he's going to break the system, he's going to bring a corrupt system to heel. And certainly you see a little bit of that in Trump's stated policies, like on wanting to end wars, for example, and why Trump doesn't support free trade and instead wants more subsidy, more industrial policy in the US, Trump's China policy, which precedes Biden's China policy but is largely similar, focused much more on that. But of course, it's also true that Trump's “drain the swamp” mantra only makes sense if you don't look at a lot of Trump's domestic policies.
I mean, Trump was the leader in my life who was most aligned to ensuring that rich people get richer, was most aligned with big finance and hedge funds and major corporations and big oil and fast food and manufacturing and, you know, pro-dumping all of these things. I mean, you look at his cabinet with Sonny Perdue as the secretary of agriculture, and Elizabeth DeVos as the secretary of education, and on and on and energy and treasury and you name it.
What you see the reality of Trump's cabinet was the swampiest, of pro special interests, pro very powerful people. And that's why Trump was so welcomed when the Business Council last week invited him to go and speak, as soon as he said yes, (and Biden was invited too, didn't make it, sent an representative), immediately far more CEOs, went to watch. Why? I mean, one, because they want to make sure that they're connected with someone who can be president. But two, because a lot of Trump's policies, will benefit the wealthiest and the most powerful people in the country. And so in that regard, you know, Trump can throw things like, you know, build the wall, identity politics, anti-DEI. But the reality is that the most powerful will do the best, at least in the short term. Under a Trump administration, that's the revealed preference we've seen, with the alignment that he has with those that give the big money.
So, anyway, that is a little bit for me, a little bit of the state of democracy is challenged as it is. I'm not looking forward to this election, in part because it's horrible to see your country go through this identity crisis and not align itself with the values that I think a lot of people around the world, and a lot of people in the US would like to see America do a better job with. That's it for me, and I'll talk to you all real soon.
President Donald Trump, 2nd from left, joined by Vice President Mike Pence, left, Advisor to the President Ivanka Trump.
Good legal news for Trump
Trump and his allies contend Willis has a conflict of interest based on a romantic relationship she had with a colleague, Nathan Wade, who ultimately withdrew from the case against the former president and presumptive 2024 GOP presidential nominee.
The US Supreme Court’s “upside-down” logic in Trump immunity case
2024 is certain to be a historic year for the US Supreme Court: In June, SCOTUS will issue rulings on former president Donald Trump’s immunity claims in charges brought by Special Counsel Jack Smith involving Trump’s attempts to overturn the 2020 election. Emily Bazelon joins Ian Bremmer on GZERO World to unpack the legal arguments at the heart of the case and what caught SCOTUS experts off-guard during oral arguments.
Like in the 2000 Bush v. Gore case that ultimately handed the election win to George W. Bush, Court watchers had expected the justices to issue a narrow ruling in the Trump case. But during arguments, the conservative justices asked questions that seemed more interested in raising hypotheticals about whether limiting the scope of immunity might restrict a president’s power too much. With Trump again on the ballot in 2024, the stakes could not be higher. Will the justices make a limited ruling or wade into the politics of the US presidential election with, as Justice Gorsuch put it, “a ruling for the ages”?
Catch GZERO World with Ian Bremmer every week on US public television (check local listings) and online.
- The case against Trump's big lie ›
- Trump's Jan. 6 trial could now hurt his re-election bid ›
- Is Trump immune? SCOTUS dives into uncharted waters ›
- Trump's immunity claim: US democracy in crisis ›
- Supreme Court divided over Trump’s absolute immunity claims ›
- How the Supreme Court immunity ruling changes presidential power - GZERO Media ›
Trump's NYC hush-money trial: What to watch for
Jon Lieber, head of Eurasia Group's coverage of political and policy developments in Washington, DC, shares his perspective on US politics.
This is what we are watching in US Politics this week: Trump's trials.
Former President Trump faces or faced six civil or criminal actions against him in 2024, an election year. Two of which, civil finds that he was already found liable for. He's had to pay significant sums of money. Two of which, a case in Georgia and one in Florida, are very unlikely to start in this year, and one of which could start later this summer, this federal trial against Trump for election interference in Washington, DC. The final trial is set to begin next week. A trial in Manhattan for business records frauds related to hush money payments he made to a woman he was having an affair with before the 2016 election.
The key witness in this trial is Michael Cohen, Trump's former attorney, who Trump's going to try to discredit the testimony of by saying, “He's a liar, he's out for publicity. But the evidence against Trump is pretty damning here. There's almost no, it sure looks like he committed this crime. However, the allegations will have to be proven in court. Trump could win this case and the jury could decide to throw out the corroborating evidence. There's a lot of ways this could still go in Trump's favor. And if it does, that will be a significant win for Trump, because a significant portion of the electorate is telling pollsters today that if Trump is found guilty of a crime before the election, they would be less likely to vote for him.
Trump support drops by about ten percentage points in a New York Times poll from earlier in the year, based on whether or not he's found guilty. And these are really high stakes, drama for Trump. One of the key political inoculates Trump has is that the trial could be over quickly. He also is going to make the case that this is a politically motivated witch hunt and that Alvin Bragg, the Manhattan DA, is out to get him and stop him and undermine him because he's a Democrat. That message is certainly resonating with Republicans. The key question for Trump's election campaign is, “Does that message resonate with independents, or do they continue to see the criminal charges against Trump as being disqualifying?”
The trial starts next week. We'll find out what happens.
- The Supreme Court throws Trump a bone ›
- Trump's Jan. 6 trial could now hurt his re-election bid ›
- Jane Harman: Trump trial a distraction away from urgent global crises ›
- Two major Trump trial decisions this week ›
- What happens if Trump can’t find $454 million? ›
- Trump has been found guilty. Will voters care? - GZERO Media ›
How Trump's money problems could affect the 2024 election
Jon Lieber, head of Eurasia Group's coverage of political and policy developments in Washington, DC, shares his perspective on US politics.
This is what we are watching in US Politics this week: It is Trump's money.
At the same time this week, his meme stock is going bananas with an IPO of Truth Social. The markets don't know what to do it. With valuation fluctuating wildly throughout its first two trading days. But no matter what, it seems likely to increase Trump's net worth by several billion dollars. Unfortunately, a lot of that money will be locked up in equities in uncertain valuation for some time, which will make it hard for Trump to use the money to shore up his struggling campaign funds.Trump has roughly a third of the cash on hand as President Biden, who's going to pad that total with a cool $25 million from a fundraiser in New York this week. Trump is, of course, the king of earned media and may not need a huge war chest to run his campaign. But if there's one thing we know about American politics is that money does not hurt.
One of the reasons Trump may be struggling to raise funds is because of the massive legal bills that he has to cover, which, according to The New York Times, have amounted to over $100 million since he left office. Some of that has been covered with campaign cash. Some of it has been covered with money from his businesses, which is going to get a lot harder for him going forward based on this decision in New York.
So money could end up being a huge story of the 2024 election. And if it is, it's because Biden has it and Trump doesn’t.
Hong Kong's new security law ends remaining political independence
Ian Bremmer shares his insights on global politics this week on World In :60.
How will the new security law affect all aspects of life in Hong Kong?
Takes away small remaining vestiges of political independence, none of which people expected were going to be maintained for long. The Chinese government really fast tracked this, which did, you know, antagonize a lot of people on the island. But at the same time, I mean, they're already basically shut down, you know, free Democratic media and made it impossible to engage in demonstrations that were seen as difficult or upsetting to the mainland. I mean, Hong Kong is no longer a bridge into mainland China. It is now a component of a greater Chinese economy. And to the extent that economy starts turning around and doing better, Hong Kong will do well. It's not right now, so it's not performing quite as effectively. And, you know, a lot of the expats have already gotten out of Dodge.
Is Haiti becoming a failed state?
Does look that way. I mean, we certainly don't yet have any significant policing on the ground, nor do we yet have any international peacekeepers. And even if we have them, the historical experience with them has been checkered at best. There's no effective leadership in the country. So interesting, you know, they share an island with a border right down the middle with the Dominican Republic, and the DR is one of the most effective economies in Latin America today. Just goes to show you that governance really, really matters. So painful to see this happening and so close to the United States. American willingness to put a little bit of money in, sure, but to do anything significant to try to create stability. Not at all.
Will Trump's difficulty paying his legal judgments hurt his campaign?
You would think it would, because, you know, historically, the United States has the most expensive and long electoral campaign in the world. And if you don't have money, you're not supposed to run it very effectively. But of course, Trump also is unique in his ability to get just dominate the media cycle for free. He makes headlines and he lives in everybody's head. And in that regard, it's not as important for him to have a huge amount of cash. He's also former president. And, you know, having a former president, a sitting president running against each other, it's not like he's a non incumbent that doesn't have brand recognition. That's also important for him. But at the margins, yeah, I don't think it's as important as, you know, how people feel about abortion or immigration or the economy or democracy. But is it on the top ten? Yeah, probably the top ten, may almost crack top five.