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Jack Smith
They argued that Trumps alleged pressure campaign on Mike Pence would qualify as official conduct and is protected by absolute immunity.
The former president launched a tirade on Truth Social, calling the superseding indictment an attempt to interfere with the election.
Special counsel Jack Smith filed the new indictment on the same four counts of trying to overturn the 2020 election but without citing potentially "immune" evidence.
U.S. District Judge Aileen Cannon threw out the case last month.
WHAT'S HAPPENING
Smith's team asked a judge for a three-week extension following the Supreme Court's decision granting Trump broad immunity.
Smith's indictment could be reinstated if successfully appealed by prosecutors, though its not likely to go to trial before the November presidential election.
A spokesman for Special Counsel Jack Smith revealed the move in a statement made hours after U.S. District Judge Aileen Cannon threw out the case on Monday.
Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith was unconstitutional.
Critics called out the former president for a bonkers Independence Day message that barely mentioned the holiday.
The MSNBC host revealed how the former president's case could be back in court sooner than anyone realizes.
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