Federal prosecutors have updated the indictment against former President Donald J. Trump, revising the charges to align with a recent Supreme Court decision that granted former presidents broad immunity from prosecution for many actions taken while in office. The revised indictment, filed in Federal District Court in Washington on Tuesday, aims to maintain the essence of the case while adapting to the high court’s ruling.
Key Changes in the Indictment
The new indictment retains much of the original case but shifts its focus. While Trump is still accused of attempting to overturn the 2020 election results, the updated version removes allegations related to his official actions as president. Instead, prosecutors now concentrate on actions they claim were taken in his capacity as a private candidate.
The revised document reflects this shift right from the start, referring to Trump as “a candidate for president of the United States in 2020” rather than “the 45th President of the United States,” as stated in the original indictment.
Strategic Timing and Upcoming Deadlines
This revision comes at a critical time, just days before a key deadline. Trump’s legal team and Special Counsel Jack Smith’s team are set to present their strategies to Judge Tanya S. Chutkan regarding how to proceed following the Supreme Court’s ruling. Both sides are expected to submit their plans by Friday.
Prosecutors are also mindful of the 60-day rule, a Justice Department guideline that seeks to prevent any prosecutorial actions from influencing voters in the two months leading up to an election.
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Trump’s Response
In a social media post, Trump criticized the revised indictment and questioned the integrity of the changes. He cast doubt on the motivations behind the special counsel’s actions and labeled the updates as politically motivated.
Effects of the Supreme Court Decision
A major change in the revised indictment is the removal of charges related to Trump’s attempts to pressure the Justice Department. The original indictment had accused Trump of conspiring with Jeffrey Clark, a former Justice Department official, to back Trump’s unfounded claims of election fraud. However, the Supreme Court’s ruling classified such interactions as part of a president’s official duties, thus shielding Trump from criminal charges related to those actions. The updated indictment reflects this by omitting any references to these dealings.
Ongoing Focus on Pence and Electoral Certification
Despite the revisions, the core elements of the original indictment remain. Prosecutors have preserved details about Trump’s interactions with then-Vice President Mike Pence and his team. They argue that Pence’s role as president of the Senate during the certification of the election results placed him outside the protected executive powers covered by presidential immunity.
Ongoing Serious Charges
Trump still faces the same four charges as before: conspiracy to defraud the United States, obstruction of the certification of the election on January 6, 2021, and conspiracy to deprive millions of Americans of their right to have their votes counted. Although the prosecution’s approach has been adjusted, the case against Trump remains significant.
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