Latest possible indictment of Trump seen as likely the weakest so far

And that is saying quite a bit considering Alvin Bragg indicted Trump for paying a legal bill

With a majority of voters already viewing earlier Trump indictments as politically motivated, Smith would need to make a case that is unassailable. That means it cannot be another McDonnell case built on some new “boundless interpretation” by Smith of federal law. If Mr. Smith goes to Washington this time, he needs to bring indisputable evidence and law to support new charges against Mr. Trump.

Let's state the obvious or the lack of obvious. The potential case Smith has against Trump at this point is so weak that nobody can even really guess what Smith is even planning on charging Trump with. When the charges are not obvious enough for legal experts to even agree with what will be charged, then you know the charges will be something vague and untested.

Keep in mind that Smith has a history of going rogue, with the USSC ruling previously and unanimously to overturn one specific previous Smith pushed politically charged conviction. In that case the court ruled that that he committed prosecutorial misconduct by misusing the “Government’s boundless interpretation" of the law. That was not the one and only time Smith has had convictions overturned, but it appears the closest set of parameters to his supposed case against Trump. Highly politicized, weak on merits, and likely a completely untested "interpretation" of some law.

Much like Alvin Bragg appears to be using semantics rather than the law to claim trump defrauded New York voters by paying a bill, Smith is is thought to be trying to find a semantic way to describe an action that might put it at odds with a law even if it doesn't fit in from a normal legal standpoint. Some form or fraud or possibly some odd form of obstruction (which has been a go to for Democrats accusing Trump of crimes). Whatever it is will have no precedent of anyone else ever being charged with the same offense for any similar type action. Most likely there will be other examples of Democratic behavior of the same sort. I swear it is almost as of Democrats and their cronies have completely erased 2016 Russian collusion lies out of their minds and pretend 2020 was the first time ever that anyone has questioned an election.

My best guess is that Smith is hedging his bets. He likely believed that he would get a much better public reception in his first indictment. He surely believed he would get better responses from the legal community (which started off better but have turned more sour over time). He has to realize that when a majority of the nation sees his charges on the classified documents as politically motivated (and unjust) that he will have a hard time getting a unanimous jury conviction Florida. All it takes is one or two Trump supporters who refuse to convict and Smith loses.

So he probably feels that his best chance at a conviction is to try any case (regardless of how weak it is) in DC where he is nearly guaranteed a conviction for anything brought against the bad orange man. You could claim he jaywalked, provide no evidence, attach the death penalty and likely get Democrats on a D.C. jury pool that would find him guilty and push for summary execution to be performed that same day. More to the point, Smith would not really care about the quality of the charges. Even if the conviction was overturned, Smith will have done his job, which is 10% legal and 90% political.