Jack Smith's 'savvy' indictment strategy blew a hole in Trump's claim it's 'political': report

Donald Trump's attempt to paint his 37-count federal indictment brought by the DOJ as a "political" move that would cripple his presidential run suffered a major blow on Tuesday when special counsel Jack Smith omitted a charge that would have barred him from public office.

According to a report from the New York Times, Florida Magistrate Jonathan Goodman appeared startled at the lack of restrictions the prosecutors were asking to be placed upon the former president during his arraignment -- many of which could have constrained his 2024 presidential campaign schedule.

Allowing the former president to freely move about the country after being charged with, among other things, serious violations of the Espionage Act, surprised some court watchers but, in the long run, that took away a major talking point that Trump allies were reportedly prepared to make.

Add to that, one legal observer noted that a "potential charge that had been listed in the affidavit the Justice Department filed to obtain a search warrant for Mar-a-Lago last summer" was nowhere to be found when the indictment was unsealed in court last Tuesday.

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As the Times is reporting, there was no mention of Section 2071 of the federal criminal code, "which prohibits the concealment and mishandling of sensitive government documents" which, upon conviction, would have meant Trump "shall forfeit his office and be disqualified from holding any office under the United States.”

According to the Times' Glenn Thrush, "Many legal scholars believe that the provision is unconstitutional and would have ultimately been struck down if it were imposed on Mr. Trump. But Mr. Smith’s team sidestepped the issue altogether, leaving it out of their 37-count indictment on a section of the Espionage Act that imposes a prison term but no restrictions on holding office."

Former U.S. attorney for the Western District of Virginia John P. Fishwick Jr. praised Smith for his foresight.

“I think it’s a very savvy move not bringing that charge,” he explained. "It makes this much less about politics — this is about the evidence, not about blocking him from office.”

As for the lack of restrictions on Trump asked for by the DOJ after his arraignment, former DOJ official Mary McCord admitted it was a good move by Smith.

“No-contact orders, like the one the judge insisted on, are routine — even in cases where you don’t have a defendant, like Trump, who has tried to influence witnesses,” she explained. "But in this case, Jack Smith has a lot of what he needs already, so he seems to be avoiding a fight that could slow the whole the process down.”

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