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Special Counsel Files New Indictment In Trump Election Case

Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, in Washington. (AP Photo/J. Scott Applewhite, File)

Special counsel Jack Smith has filed a new indictment in the 2020 election interference case against former President Donald Trump. The move comes after the Supreme Court ruled that former presidents have broad immunity from prosecution for official acts falling within their constitutional authority.

Reason for the New Indictment

The new indictment aims to comply with the Supreme Court's ruling by narrowing the allegations to focus on actions taken by Trump in his personal capacity as a candidate rather than his professional capacity as president. References to Trump's interactions with Justice Department officials and other federal government officials have been removed from the indictment.

Changes in the New Indictment

The new indictment removes allegations related to Trump's attempts to use the Justice Department to overturn his election loss and his communications with certain government officials. It emphasizes that the actions forming the basis of the case were taken by Trump as a candidate for President in 2020, not as the 45th U.S. president.

Charges Against Trump

Trump still faces four charges, including obstruction of an official proceeding and conspiracy to defraud the U.S. The indictment maintains allegations that Trump pressured state officials to subvert election results and participated in a scheme to enlist fraudulent electors in battleground states.

Trump's Response

Trump criticized the new indictment as an act of desperation and called for its immediate dismissal. He claimed that the Justice Department violated an internal policy against investigative actions affecting a campaign within 60 days of an election.

Next Steps

The case is now in the hands of U.S. District Judge Tanya Chutkan, with further legal proceedings expected in the coming months. Both sides are set to propose a schedule for future proceedings, and Trump's legal team may seek to dismiss the case or delay proceedings in light of the Supreme Court's ruling.

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