WASHINGTON – US Special Counsel Jack Smith on Tuesday filed a new indictment in the federal criminal case against former president Donald Trump, the Republican presidential nominee, following a Supreme Court decision that granted Trump sweeping immunity from prosecution for his “official” conduct as president.
The new indictment dropped certain specific allegations against Trump but retains the same four criminal charges, including conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
The indictment accused the former president of orchestrating a conspiracy to overturn the 2020 election and disenfranchise millions of voters, a plan that allegedly led to a series of violent attacks on police at the US Capitol on Jan 6, 2021.
The defendant used his campaign to “repeat and widely disseminate” false claims of election fraud, “to make his knowingly false claims appear legitimate, create an intense of national atmosphere of mistrust and anger, and erode public faith in the administration of the election,” the court filing showed.
Trump has repeatedly denied all charges. Trump’s lawyers have argued that the former president’s words and actions on and before Jan 6, 2021 amounted to legitimate inquiry about possible election fraud.
Trump’s team previously dismissed the indictment based on presidential immunity, arguing that a president has absolute immunity from criminal prosecution.
On July 1, the US Supreme Court, with a 6-3 conservative majority, ruled that Trump is immune for actions taken in his “official” capacity as president. The court also directed the lower courts to reassess the case and determine which allegations cannot be prosecuted.
“In an apparent bid to downplay any connection between Trump’s conduct and his official duties, the new charging document repeatedly emphasizes the political and personal nature of many of the actions Trump took during the post-election period and on Jan 6, 2021,” according to a report by Politico.
Despite the latest efforts, it’s unlikely that this case will go to trial before the Nov 5 presidential election. If Trump wins, he could instruct his appointees at the Justice Department to dismiss the case.
