He narrowed the charges to pretend to comply with the Supreme Court's ruling on presidential immunity -- but he's done nothing to cure the fact that he's an illegally-appointed prosecutor. Special prosecutors are supposed to be confirmed by Congress, and have their funding approved by Congress.
Smith was appointed by Merrick Garland and is funded by funds Merrick Garland decided himself to provide.
Special counsel Jack Smith has filed another indictment against former President Trump in the election interference case on Tuesday.
The new charges narrow the allegations against the Republican presidential nominee following a Supreme Court ruling that conferred broad immunity on former presidents.
Sources familiar with the matter tell Fox News that discussions surrounding the superseding indictment will likely not speed things up, and it is unlikely it will go to trial before the November election.
This article suggests that Very Special Prosecutor Smith hasn't "narrowed" the charges at all -- it's the same four charges, but this time with Very Special Arguments that Trump acted in his personal capacity in... checking to see if Georgia's vote tallies were right, among other actions.
He says that's a non-presidential action, and he thinks that's all there is to it.
No. The Supreme Court said the president has immunity even for actions taken at the "outer limits" of his presidential authority, which would certainly include making sure that vote counting was done properly.
And he's supposed to have a full hearing on these issues -- Smith is ignoring that. He's basically saying, I conducted the hearing in my head, and Trump lost, so I'm going to shit out another near-duplicate indictment.
As for the dismissal of the entire Florida part of the case due to Aileen Cannon determining he was illegally appointed, he's submitted an appeal in which he attacks Cannon and suggests she's a rogue judge.
Special counsel Jack Smith on Monday appealed federal Judge Aileen Cannon's ruling dismissing his classified records Mar-a-Lago case against former President Donald Trump, arguing that his appointment is valid.
Cannon, the U.S. District Judge for the Southern District of Florida, last month dismissed Smith's case against Trump, ruling that it violated "the Appointments Clause of the United States Constitution."
Cannon said Smith's appointment of special counsel was unconstitutional.
But Smith appealed Monday.
"The Attorney General validly appointed the Special Counsel, who is also properly funded," the filing states. "In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel's appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels."
"The district court's contrary view conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government," Smith argued. "This Court should reverse."
Smith also argues that he was "properly funded through the congressionally enacted 'permanent indefinite appropriation' to 'pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to'" U.S. code.
"The district court's contrary conclusion depended solely on its erroneous determination that no 'other law' supported the Special Counsel's appointment," he continued. "Because its premise was wrong, so was its conclusion."
The Appointments Clause says, "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments."
Smith, however, was never confirmed by the Senate.
...
Trump campaign spokesman Steven Cheung reacted to Smith's appeal Monday evening, saying every case against Trump should be tossed.
"As we move forward in Uniting our Nation, not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts," Cheung said. "The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Comrade Kamala's Political Opponent, President Trump."
He added: "Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"
Smith is really ratcheting up the rhetoric against Cannon to get her removed from the case.
Does that work with Judge Merchan or DC judge Chukan or nah?
Nah, right?