Harry Litman: Special Counsel Jack Smith Likely Has Draft Indictment for Trump

Former U.S. Attorney Harry Litman said Tuesday on MSNBC’s “Deadline” that special counsel Jack Smith likely has a draft indictment ready to charge former President Donald Trump in the investigation into classified documents found at Mar-a-Lago.

Litman said, “I think right now Smith is, well, actually, I this Smith has made all his decisions. The fact that there was this meeting yesterday only happens when everything is fine. I think there’s a draft indictment and everything. But a very important strategic decision is venue. I think that they’re pursuing something separate in the Southern District of Florida suggesting that they want to bring the main case in D.C.. That has implications for just what they can charge, how they can frame things, because they need to show that the crimes either took place all there and that’s one thing for when he takes away the documents, another for when he obstructs, or at least that wasn’t overall the commission or perpetuation happened there. That will be an important strategic decision that I think has been made. I think it was made for D.C., but people will scrutinize that carefully as soon as we see the indictment.”

Anchor Nicolle Wallace said, “I don’t believe you’ve ever said on this show before that you you believe draft indictments exist and charging decisions have been made. Tell us what you see.”

Discussing Trump’s lawyers meeting with the special counsel, Litman added, “I think that follows from the fact that yesterday’s meeting was a final, final appeal. Smith’s job is done, and this is their last chance to talk him out of it. Smith’s job includes the writing of a draft indictment.”

Follow Pam Key on Twitter @pamkeyNEN


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