A former U.S. attorney threw cold water on a claim by Jeffrey Clark, a former top lawyer in Donald Trump's Justice Department, that he was "unindictable," directing him to check Georgia where he remains indicted for trying to obstruct the 2020 presidential election.
Clark's lawyer on Wednesday sent a letter to the clerk of the U.S. Court of Appeals for the District of Columbia crowing about how the superseding indictment announced by special counsel Jack Smith "effectively concludes that Mr. Clark is not just unindicted, but unindictable."
Former U.S. Attorney Glenn Kirschner reminded Clark that he still faces legal jeopardy in the Peach State.
"Corrupt former DOJ official Jeffrey Clark apparently believes the Supreme Court created 'presidential AND Jeffrey Clark immunity' telling a DC appeals court he is 'unindicted and unindictable.' Umm ... might want to check your GA RICO indictment, sport," Kirschner said on X.
Smith's prosecutors on Tuesday filed a narrower indictment handed down by a new grand jury that removed material affected by the Supreme Court's ruling that Trump and former presidents have broad immunity for official acts they take while in the White House.
The new indictment dropped references to Clark, a former top Justice Department official, who was named in the original for allegedly helping Trump press his claims of election fraud following the loss to Joe Biden. The court's ruling said Trump's communications with the Justice Department were off limits.
While Clark may have dodged a bullet in Smith's indictment, he remains indicted in Fulton County, Georgia, for trying to overturn the results of the 2020 election in the state along with Trump and a slew of his allies and associates.
Fulton County District Attorney Fani Willis charged them in September 2023 under the state's Racketeer Influenced and Corrupt Organizations Act, also known as RICO.
