WASHINGTON – Former President Donald Trump He was again accused of trying to overturn his defeat in the 2020 presidential election, an effort that culminated in an attack on the US Capitol on January 6.
A federal grand jury on Tuesday returned a superseding indictment charging Trump with the same four counts he faced at trial. the original indictment last August: Conspiracy to defraud the United States, conspiracy to obstruct official proceedings, obstruction and attempted obstruction of official proceedings, and conspiracy against rights.
A new indictment was then returned The decision of the Supreme Court about presidential immunity last monthit barred the government from using certain “official actions” he took in his role as president to prosecute Trump.
“The superseding indictment presented to the new grand jury, which had not previously heard evidence in this case, reflects the Government’s efforts to respect and enforce the Supreme Court rulings and the remand order,” said special prosecutor Jack Smith. the office said in a statement on Tuesday.
In a series of social media posts, Trump described the new indictment as “shocking” and “a direct attack on democracy.” “The case is related to the “conspiracy to obstruct the 2020 presidential elections”, while it is they, not me, who obstructed the election.” he wrote. His campaign also sent out a fundraising email within two hours of the appeal, saying Trump had been “re-indicted” and urging supporters to “stand with Trump” by donating.
Although the charges are the same, some of the evidence was redacted in light of a Supreme Court ruling that expanded what can be considered official records.
Gone from the superseding indictment are sections detailing Trump’s conversations with Justice Department officials he allegedly asked to support his false allegations of election fraud. Former employee of the Ministry of Justice Geoffrey ClarkeThe man who supported Trump’s claims and almost became acting attorney general was dismissed as an unindicted conspirator. Prosecutors also removed references to some of Trump’s tweets from the time and conversations he had with direct advisers in the Oval Office, such as White House counsel Pat Cipollone.
The new indictment also cites Vice President Mike Pence’s role as Senate president on Jan. 6, 2021, the day the election votes are counted, in an apparent nod to Supreme Court concerns about whether Trump’s campaign evidence could reach Pence. number should be allowed to interfere. The Supreme Court ruling states that “when the President and Vice President discuss their official duties, they are engaged in official conduct” and therefore there is a “presumption of immunity” surrounding their conversations. But the ruling also noted that Pence’s “Senate presiding” responsibility is not an “executive arm” function.
Other parts of the new indictment are the same, with prosecutors again arguing that Trump did not believe the lies he spread after his 2020 election loss and knew they were in fact false.
The indictment states: “These allegations are unsupported, objectively unsubstantiated, and constantly changing, and Defendant and his co-conspirators have repeated them even after they have been publicly denied. .”
On January 6, many of the defendants told the courts that they now admit they were defrauded. They regret that they were “sane” enough to fall for the misinformation about the 2020 election promoted by Trump.Trump himself has never publicly acknowledged that he realized he was spreading disinformation.
Such will be Trump’s state of mind a key issue in future testingIt won’t happen before Election Day, and it could get complicated if he wins. If Trump wins, he or his appointees will almost certainly kill the case, as well as other charges from Jan. 6: Trump told Capitol rioters “pledges“and”incredible patriots,” and he announced on January 6 that he would pardon many, if not all, of the accused. campaign said pardons would be granted in each case.)
Trump’s attorneys, who are handling the superseding indictment in the election meddling case, told NBC News they are considering it.
Trump’s objection on immunity grounds was US District Judge Tanya Chutkan Freez While challenging the claim in December. The case was returned to his court this month; The defense and prosecution are scheduled to file a joint status report on Friday.
The Supreme Court’s decision said any pending litigation on immunity issues must be settled before other actions in the case. This can take many forms, from an open evidentiary hearing with witnesses or a full paper proceeding consisting of multiple briefings followed by a judge’s written rulings.
Trump also uses immunity fight his confidence Charged with falsifying employment records in New York. His attorneys argue that the indictment should be dismissed in that case because evidence of official acts — tweets and conversations with advisers — to the grand jury should not have been considered.
A new grand jury handed down a new indictment in the federal case. Reduced pleas can be a way for prosecutors to avoid an extensive fight over evidence they worry won’t be allowed under the Supreme Court ruling.