Former FBI Deputy Director Explains Justice Department Strategy on Trump Co-Conspirators Under Jack Smith

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Photos by Chip Somodevilla/Getty Images and Anna Moneymaker/Getty Images

In a detailed discussion on “Jack,” a podcast delving into the series of prosecutions led by special counsel Jack Smith, former FBI Deputy Director Andy McCabe and legal analyst Allison Gill shed light on the strategic reasons behind the Justice Department’s current stance of not indicting individuals who are alleged to have assisted Donald Trump in his attempts to unlawfully maintain power.

This complex case extends beyond Trump, implicating a network of high-profile figures, including officials, activists, legal advisors, and campaign strategists, all allegedly involved in efforts to challenge the 2020 election results. A particular point of interest raised by a listener during the podcast was the involvement of Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas.

Ginni Thomas is reported to have actively engaged in efforts to challenge the election outcome, including sending an email to Arizona House Speaker Rusty Bowers and 28 other legislators, urging them to collaborate in contesting Trump’s loss in Arizona. This listener posited that Special Counsel Jack Smith’s choice to refrain from indicting Ginni Thomas or any other individuals who have not yet been formally accused in the indictment against Trump might be a deliberate strategy to avoid potential conflicts with the United States Supreme Court.

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 notes 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.

Such a tactic would be indicative of the intricate considerations and legal nuances that the Justice Department and special counsel are navigating as they proceed with this highly sensitive and politically charged investigation. The conversation highlighted on the “Jack” podcast emphasizes the complexity of the legal strategies at play in addressing the aftermath of the 2020 election and Trump’s concerted efforts to dispute his electoral defeat.

It underscores the broad spectrum of individuals whose actions are under scrutiny and the legal and ethical dilemmas faced by prosecutors in deciding whom to charge and how to navigate potential repercussions that could extend to the highest levels of the American judiciary.

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