Beyond the fact that the Special Counsel took 49 pages to describe facts that could be summarized in a one or two paragraphs — thereby injecting into the public discourse (i.e., Special Counsel Jack Smith fed the “beast” that is mainstream media and social media) a narrative of unnecessary allegations about which at this point he does not need to disclose his evidence — he wrote the charges in a fashion that is gratuitous and intended only to inflame public passions over the disputed documents.

When a federal prosecutor charges a conspiracy or a scheme to defraud, one of the charging requirements is that one or more “overt acts” with regard to a conspiracy, or one or more “executions” of the scheme be alleged in the text of the indictment.

One such “overt act” or “execution” is all that is needed to satisfy due process with regard to “notice.” The full scope of the conspiracy, or nature of the overall scheme is provided to the defendant and his counsel through discovery — production of evidence outside of the public’s view that the government will rely upon at trial.