This announcement coincides with less than three months until the next presidential contest, in which the former US president will compete against Democratic Party nominee Kamala Harris.
new development in the US. This Tuesday saw the publication of an amended indictment by the special prosecutor looking into the case against former US President Donald Trump for unauthorized attempts to rewrite the outcomes of the 2020 election in light of a recent ruling by the Supreme Court.
Justice Department spokesman Peter Carr said in a statement that the file, which has the same four counts as the prior one and was released on August 1, 2023, “reflects the prosecution’s willingness to respect and implement the findings and instructions of the Supreme Court.”
He was alluding to the historic decision made on July 1st by the nation’s top court, which granted the US president wide immunity from prosecution.
The campaign is underway.
The statement coincides with the upheaval of the US presidential campaign in July caused by Joe Biden’s retirement in favor of his vice president, Kamala Harris, who received a Democratic Party nomination last week. On September 10, Harris and Trump will square off in a live debate on ABC.
In light of the former president’s alleged attempts to meddle in the 2020 race following his defeat, US prosecutors have reopened their case against him.
The revised language attempts to comply with a Supreme Court decision that grants presidents extensive protection from criminal prosecution for official actions. This case was now uncertain according to the ruling.
Trump refutes allegations that he deliberately disseminated false information about election fraud, put pressure on officials to overturn the results, and tried to use a disturbance at the US Capitol to postpone Joe Biden’s certification as the winner.
It is doubtful that the case—along with other criminal cases—will make it to court before November 5th, when the next election is scheduled.
The four crimes that Trump is accused of committing—conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights—remain unchanged in the amended indictment, which was brought by Special Counsel Jack Smith of the Department of Justice (DoJ).
However, these now have to do with Trump’s standing as a political contender as opposed to the president.
The Supreme Court has ruled that Trump has a partial immunity from prosecution.
In the past, Trump has entered not guilty pleas to every accusation.
He said that the new charge was “an attempt to revive a ‘dead’ Witch Hunt'” and “distract the American People” from this year’s election in a post on his Truth Social platform. “Dismissed IMMEDIATELY” was his demand.
A BBC request for comment has not received a response from his campaign. However, a person close to his legal team told CBS News, the US partner of the BBC, that the second charge “was not a surprise”.
“This is what the government is supposed to do based on what the Supreme Court did,” stated a source. “It doesn’t change our position that we believe Smith’s case is flawed and it should be dismissed.”
What has altered and what has not?
The amended charging document, which was reduced in length from 45 to 36 pages, rewords the accusations in response to the Supreme Court’s decision last month regarding presidential immunity.
It contends that when Trump engaged in the purported election-swaying plot, he was acting as a private man and not as president.
One new line in the indictment states, “The defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election.”
A lawsuit that Trump’s campaign filed in Georgia is mentioned in another new line. The amended indictment states that the suit was “filed in his capacity as a presidential candidate,” as opposed to the previous language which stated that it was “filed in his name.”
Additionally, it seems that the allegations against Jeffrey Clark, a former DoJ employee who, in the opinion of the prosecution, was central to the so-called fake electors scheme, have been dropped from the updated document. Although Mr. Clark was not mentioned in either indictment, public records have allowed the media to identify him.
The new indictment also renounces the allegation that Trump attempted to exert pressure on DoJ representatives to endeavor to reverse his loss. The Supreme Court decided that Trump’s instruction to the Justice Department was lawful.
The superseding indictment was brought before a fresh grand jury that had not previously heard testimony in the case, according to the special counsel’s office.
A prosecutor appoints a grand jury to decide if there is sufficient evidence to proceed with a prosecution.
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