Noah Feldman, Columnist

New Trump Charges Expose the Supreme Court’s Failings

The special prosecutor’s revised case may force the justices to reckon with their flawed presidential immunity ruling.

Still vulnerable.

Photographer: Anna Moneymaker/Getty Images 

Jack Smith is calling the Supreme Court’s bluff.

In the wake of the court’s controversial decision earlier this summer granting Donald Trump criminal immunity for official acts committed while president, Smith has refiled his indictment charging Trump with offenses connected to Jan. 6. This time, he has left out conduct the justices identified as clearly official while leaving in conduct where the justices said there were still complicated issues to be resolved.