the big news Jack Smith filed a new superseding indictment now to recap here around two months ago the Supreme Court ruled in favor of trump in the presidential immunity case and this was an overreach that shocked even most cynics about the Supreme Court and their motivations the far right Supreme Court um they had already given Trump a win by even agreeing to hear this case uh because it forced the case to take a pause while the Supreme Court considered what decisions were immune from prosecution if the president made them uh and so people kind of thought like all right they'll maybe give something weak and mey mouthed and they delivered him his win because this delay it almost certainly until after the election uh but that's not what they did they decided to give language and guidance on this and say that there were many instances in which a president should be immune from prosecution based on a distinction that they drew of official versus unofficial acts and keep in mind at this point by the way uh Trump was ahead in in the polls right so there was like this obvious freak out I mean we were freaking out because Biden was still on the race um and it looked like Trump was gonna win right almost certainly Plus the Supreme Court had delivered him this Victory by delaying the case and giving him future just a discretion to do whatever the hell he wanted in as president and by the way of course this applies to Future presidents um yeah so if the santis wins in 2028 or something like that yeah I mean and anybody familiar with like limitations placed on the executive s sort of during the Watergate era for something like that um we've we're going backwards it's immensely concerning um and and so the the the Supreme Court ruled that presidents are protected from prosecution for acts taken in their official capacity as president um and that was a problem for the two cases that Jack Smith was bringing as a federal special counsel one for the documents case and two for the January 6th election interference case so in this new that he filed the superseding one in reaction to this basically he removed mentions of uh the president and talked about the president's campaign the indictment was paired down from 45 pages to 36 um and he specifies at the beginning of the indictment that this is related to people acting their private capacity now there are like three key things that you should know about what was removed from the indictment and response to the presidential immunity decision firstly Jeffrey Clark gets off scotf free basically so co-conspirator 4 uh is Jeffrey Clark he's been identified by multiple media sources as who's being referred to there he was a trump appointee at the justice department and he was the guy that was trying to implement the voter fraud theories at the doj basically using federal law enforcement powers to try to overturn the election um the and and the other part that's that's removed is Trump's efforts via Jeffrey Clark and them working together to pressure the Department of Justice himself so they threw out Trump trying to fraudulently certify the election in his capacity as president through his interactions with Department of Justice officials including Jeffrey Clark the Supreme Court explicitly named that in their decision basically that referred to those interactions so Smith had no choice because the Supreme Court said that those were official acts now that's the meest part to me right that concerns me because that essentially says that those formal interactions with doj officials to subvert the election constitute official acts where like that's where power is wielded in this case like if private individuals try to overturn the election that's really wrong but part of why this was such a threat was because Trump was the sitting president and had the those Powers so like the weaponizing of the federal government stuff is this is the the most important thing to set a precedent for it's a coup right but and the distin Supreme Court made it so that they can't do that right and the distinction I think seems to be that the um seems to be a hang-up but it seems to be kind of clear like uh president can say talk to a vice president about how they should rule on a close uh something they're cast a decisive vote on politically right not um these extra um curricular things to do with elections yeah it seems very obvious not part of their responsibility well tell that to uh those six justices right because they have essentially given Trump and future presidents car BL blanch on that and the other small thing he did was he changed the language from president to candidate for president but it's interesting you mentioned vice president there because one thing that people are pointing out Smith did that was maybe a little risky is that he did not change that language as it related to Mike Pence so he still refers to Pence as vice president Pence and also mentions his uh actions in his capacity as president of the Senate now if Smith wanted to be really safe he would have essentially refer to Pence as purely a candidate for vice president on the ticket and then his uh capacity as president of the Senate because in in that role he's maybe distinct from the office of the presidency and like in the way that Jeffrey Clark is not included because he's a doj official this could get merky I think for Jack Smith with a supreme court that seems hellbent on giving Republicans whatever they want um so that's one part that I found interesting that was uh included and a lot of others have pointed that out but the thing is is that the charges remain the same and the good news is that basically the skeleton of the indictment remains intact the four uh charges are conspiracy to defraud the United States conspiracy to obstruct an official proceeding obstruction of an attempt to obstruct an official proceeding and conspiracy against rights that final piece is really the American people's rights to have their votes heard um that that is an enormous part of this obviously is that Smith and his team are claiming rightly that this is a violation of people's right to vote throwing out their votes with this fake elector scheme right the electors are supposed to truthfully represent the results of the election as opposed to say like you know a bunch of Republicans in different states like Arizona and Pennsylvania trying to replace those electors with Trump loyalists who would deny the results that were tabulated in the votes um with all that said that is what happened yesterday so it's overall good news because it means that the prosecution is moving forward the timeline is still probably post elction definitely postelection but um this was done with a new grand jury all of that uh so Trump responds on Truth social here he made a statement saying no presidential candidate or candidate for office has ever had to put up with all of this lawfare and weaponization directly out of the office of a political opponent can you all right I pause for a sec so I pause pause my pause my own voice pause Emma pause um like okay you know what law fair is it's uh filing dozens of lawsuits about the results of an election where that were immediately thrown out in court and then trying to muscle Republican state officials to uh appoint people who would fraudulently um say that those vote totals were in your favor like that's trying to use the legal system in in political Warfare but and and Jack Smith is a special counsil for that very reason he's an an independent right appointed uh to do this in a siloed way from the rest of the doj but anyway I mean America famously like Lula um helped the laware against Lula that put him in prison ultimately before he regained power Trump continues they've weaponized local Das and attorney generals and anybody else that will listen to interfere with the upcoming 2024 presidential election never been done before okay you did all of this in 2020 this is now kamla's weaponized system against her political opponent all of these scams will fail Jus as derange Jack everyone's der see everything's a retread here derang Jax hoax in Florida that has been fully dismissed he's referring there to the um documents case that was dismissed by the judge that appointed him or that he appointed Eileen Cannon Jack Smith is currently appealing that dismissal which seems like very likely that he'll win that um and we will win the most important election in the history of our country on November 5th make America great again so that's how he responded now here is J Vance um oh wait you want to go let's this is another TR social that he had I'll take this this was his second oh you go ahead yours you're Trump is better well so I'll give you a chance to catch your breath this this travesty is now on comrade KLA Harris who is active pushing it rather than immediately calling for its dismissal as should have should be done this is for third world countries of banana republics not the USA as Jack Smith knows that's derange Jack for people falling along yes thank you Matt as Jack Smith knows the whole should be thrown out and dismissed on presidential immunity grounds you capitalize presidential immunity um as already ruled unequivocally by the US Supreme Court Smith rewrote the exact case in an effort to circumvent okay so Trump didn't write this uh this Supreme Court decision the people of our country will see that is happening and all these corrupt lawsuits against me will reject them by giving me an overwhelming Victory on November 5th for president of the United States um thank you for that Matt and then this was the other part we'll just go to the bottom here this is uh what was pointed out he was truth soing all over the place if we could just pop this up on the screen um they cheated me on the election they go after me for cheating on the election interestingly this comes at the exact same time as Mark zer Zuckerberg of Facebook has admitted to concealing massive amounts of information such as Hunter Biden's laptop from Hell which it's interesting that they point to like the receptacle of the supposed container of this massive amst of information as opposed to any information that was supposedly within the laptop from hell right I mean it's you cannot speak of the devil Andor his box folks such as Hunter Biden's laptop of Hell which is a direct acknowledgement that the 2020 presidential election was manipulated and rigged by the doj uh Jamie D pre points out that this was his Department of Justice in 2020 right yeah um I think following the lore of the laptop from hell um it's been a while since I've checked in with the series but um I thought it was that like Trump uh that the Biden crime family was selling America South um to the Chinese for like um hundreds of thousands of dollars or maybe like a l maybe even tens of thousands of dollars low million count maybe AB um yeah it's it's hard to it's hard to follow his train of thought uh he's kind of a lunatic um JD Vance though uh was asked on the tarmac about this in Nashville and he gives one response here uh but the second one I actually found interesting because he mentions Obama there but but here we go respond to the uh super indictments again president Donald Trump yeah I haven't read the whole thing but it looks like Jack Smith doing more of what he does which is filing these absurd lawsuits in an effort to influence the election I mean the one thing that I did see which I felt was just classic lipstick on a pig is you know of course the reason the Supreme Court threw out his lawsuit is because they said it implicated the president's official acts of course which the president has immunity in conducting those official acts and yet Jack Smith tried to redefine Mike Pence as from the vice president to the running maid as if somehow changing those words in an indictment undercuts the fact that Mike Pence is still the sitting vice president and it still direct directly implicates the president's official act so I don't think that it's changed anything legally I think it's clearly an effort to try to do more election interference from Jack Smith he should be ashamed of himself and it's one of the reasons why we have to win because he should not be anywhere near power Oh Henry Jack here we go well Senator uh I know the Harris walls campaign has talked about that Supreme Court ruling saying that it goes too far to get the president former president too much immunity your thoughts as this new indictment goes forward well I I think just my push back on what they said is look if the president doesn't have some level of immunity in how he conducts his office in the same way that judges have to have immunity police officers have to have immunity there has to be some recognition that people can't be sued for doing their job and you know the the way that I think about it is try to make this nonpartisan Barack Obama ordered drones to strike an American citizen in Yemen that's like the of murder unless you recognize the president has some immunity in conducting His official act so I I just don't understand how you can even have a president of the United States if there's no immunity in how they do their job but so here's the thing JD uh that is something that we on this program have claimed was illegal the assassination of anir alaki and I think if Obama didn't do it he still would have been president of the United States first of all that would have constituted an official Act you literally I mean that is exactly what the Supreme Court ruled on exactly which is why we were against it there should have been an investigation into Obama assassinating an American citizen abroad without any due process you should yeah but he's making the he's making the argument against what the Supreme Court decided we want to too right you're basically say you're you're outlining exactly why it was problematic uh JD Vance because presidents should not be able to do things that are on their face illegal while they are in office like I would like to look into the Biden Administration and the state Department's review of Israel's human rights violations as it relates to the Ley law did they put their thumb on the scales to uh to say that Israel was invi was in compliance with human rights law um in order to muddy the process so that they would come out with an outcome that said no they're completely in viol they're completely in compliance with the Ley law these are the kinds of things that are so dangerous about what the Supreme Court ruled so he it's incredible to see him first try to make the point and then talk about Jack Smith and all his power as the appointed special counsel for this and the other case uh and then turn and answer a question that entirely contradicts his premise it'd be nice uh if all the folks say in media maybe they have $ 1.9 million uh houses in Studio City California um that are saying the Trump Administration is uh to the right of the Democrats on war please encourage this guy to actually prosecute Barack Obama for that instead of saying hey that actually cements in uh capabilities that we want to make sure that we have too hey folks don't forget to hit the Subscribe button and check out our daily show we do it every day at 12 pm Eastern for about two and a half hours we even take phone calls you should check that out