Jack Smith will indict Trump's co-conspirators after election: former FBI official

Speaking on "Jack," a podcast that focuses on the prosecutions being led by special counsel Jack Smith, former FBI deputy director Andy McCabe and legal analyst Allison Gill explained why the Justice Department isn't indicting Donald Trump's co-conspirators yet for allegedly helping him defraud the United States with his effort to illegally remain in power.

The 2020 election case Trump faces isn't exclusively about him, as several high-ranking officials, activists, legal advisers, and campaign strategists were part of a move to overturn the vote.

One listener to the podcast brought up the matter of Ginni Thomas, spouse of Supreme Court Justice Clarence Thomas, who was among those pressing the White House chief of staff to protest election counts. Thomas sent an email to Arizona House Speaker Rusty Bowers and 28 other lawmakers to work together to overturn Trump's defeat in the state.

The listener then speculated that Smith's decision to not indict Thomas or any of the other unindicted coconspirators in Smith's indictment of Trump in order to avoid a conflict with the United States Supreme Court.

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McCabe explained that prosecutors simply don't work this way.

"This isn't about Jack Smith trying to prove a point with the Supreme Court or scoring a victory against what might be a victory or two at the Supreme Court," said McCabe. "So, my guess is, if there is such a plan to indict co-conspirators, the plan has been, all along, put that off until after the election."

He said that the most important part of the effort for Smith was that the American people deserve to know the facts before the 2024 election, and a jury should hear the issues.

"Everything else is superfluous or secondary," said McCabe.

Gill note that if anyone else is indicted, they would file to consolidate with Trump's case and that it would add to even more delays for the Trump case.

You can hear the full podcast episode at this link.