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Special Counsel files revised charges against Donald Trump in January 6 case

On Tuesday, special counsel Jack Smith filed a supplemental indictment in the election interference case against former President Donald Trump, toning down the charges against the 2024 presidential candidate in light of the Supreme Court's immunity ruling. Prosecutors did not drop any of the four charges they originally brought against the former president. However, the newly revised indictment fleshed out some of Trump's alleged conduct, including claims about attempts to use the Justice Department to promote his false claims of election fraud. It also adjusts how prosecutors describe the allegations they continue to make about Trump's plans to undermine the election. “The new indictment, submitted to a new grand jury that had not previously heard evidence in this case, reflects the government's efforts to respect and implement the Supreme Court's rulings and instructions remanding the case in Trump v. United States,” the special counsel's office said. Private vs. Official Duties In the revised indictment, prosecutors argue several times that Trump did not have constitutionally assigned presidential duties related to the transition of power after the election. They did so to highlight how the new indictment aligns with the Supreme Court ruling that granted immunity for some of Trump's conduct that falls within his official powers. In one instance, prosecutors pointed to the Electoral College certification process that took place during the campaign's presidency; a joint session of Congress on Jan. 6, 2021. Part of the indictment accuses Trump of illegally obstructing the certification process. “The defendant did not have any official duties related to the certification process, but he did have a personal interest as a candidate in being declared the winner of the election,” the new indictment states, in a new line that was not included in the original indictment. Another example is a lawsuit Trump's campaign filed regarding the results in Georgia, which he narrowly lost. The old indictment said the lawsuit was “filed on his behalf,” but the new indictment says it was “filed in his capacity as a candidate for President.” Trump has pleaded not guilty to the charges against him.

On Tuesday, special counsel Jack Smith filed an additional indictment in the election interference case against former President Donald Trump. In light of the Supreme Court's immunity decision, the charges against the 2024 presidential candidate were watered down.

Prosecutors have not dropped any of the four charges they originally brought against the former president, but the redrafted indictment has fleshed out some of Trump's alleged conduct, including allegations of attempts to misuse the Justice Department to bolster his false claims of election fraud.

It also changes the way prosecutors describe the allegations they continue to make related to Trump's plans to rig the election.

“The new indictment, presented to a new grand jury that had not previously heard evidence in this case, reflects the government's efforts to respect and implement the Supreme Court's decisions and instructions in Trump v. United States,” the special counsel's office said.

Private vs. official duties

In the revised indictment, prosecutors repeatedly argue that Trump did not have any of the presidential duties assigned to him by the Constitution with regard to the transfer of power after the election.

They wanted to clarify the extent to which the new charges were compatible with the Supreme Court ruling, which granted Trump immunity for some of his conduct that fell within his jurisdiction.

In one case, prosecutors pointed to the Electoral College certification process, which took place during a joint session of Congress on January 6, 2021. Part of the indictment accuses Trump of illegally obstructing the certification process.

“The defendant had no official obligations related to the certification process, but as a candidate he had a personal interest in being declared the winner of the election,” the new indictment states, in a new line that was not included in the original indictment.

Another example is a lawsuit Trump's campaign filed over the Georgia election results, which he narrowly lost. The old indictment said the lawsuit was “filed on his behalf,” but the new indictment says it was “filed in his capacity as a candidate for president.”

Trump has pleaded not guilty to the charges against him.

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