Authorities submitted an updated accusation against Trump, alleging electoral manipulation.
The updated accusation tags Trump, who's aiming for another term in November, as a "desperate move" and part of a "persecution" against him on his Truth Social platform. It needs to be dismissal. The case in a federal court in Washington involves Trump's involvement in the January 6, 2021, Capitol assault.
The Department of Justice argued that the revised accusation reflects "the prosecution's commitment to adhere to and execute the decisions and guidelines of the Supreme Court." Nevertheless, Smith persists with his primary argument that despite losing the 2020 election to current President Joe Biden, Trump was set on "holding onto power" and endeavored to reverse the election outcomes.
Early July saw the Supreme Court grant Trump, as the U.S. President, comprehensive immunity from criminal prosecution for official conduct, which also extends past his presidency. This immunity does not cover private activities. In the election fraud case against Trump, Judge Tanya Chutkan now needs to determine which of Trump's actions relating to the election were official actions and which were personal.
The revised accusation retains all four initial charges against Trump: conspiracy to defraud the United States, obstruction of an official proceeding, conspiracy to obstruct an official proceeding, and conspiracy to infringe on the right of citizens to vote. Two of these charges carry a possible prison term of up to 20 years.
The accusation suggests that Trump tried to halt the certification of Biden's election victory by the U.S. Congress. The Capitol was Breached by Trump supporters on January 6, 2021, during this certification process. Prior to this, Trump had fueled his supporters with unsubstantiated allegations of election fraud.
The new version of the accusation spans 36 pages, compared to the previous 45-page one. Content related to potential immunity and Trump's interactions with Justice Department staff at the time has been omitted.
Given the intricacy of distinguishing between Trump's official and personal actions, a trial commencement before the November 5 election is not anticipated. This delay is a substantial triumph for Trump. If he retakes the White House, he could instruct the Justice Department to drop the charges.
Trump also confronts other criminal cases. The immunity judgment might also impact his case in Georgia, where he is charged with attempted election manipulation. No trial date has been set for this case either.
In a separate case, a New York jury found Trump guilty of fabricating business records to conceal a hush-money payment to former adult entertainer Stormy Daniels in late May. Trump is the first former U.S. President to be criminally convicted in history.
His sentence in this case has yet to be declared, with a potential date set for September 18. However, Trump's lawyers have requested that the guilty verdict be overturned as a consequence of the immunity decision.
The new indictment maintains the four initial charges against Trump, including two with potential prison sentences of up to 20 years. Despite the Supreme Court granting Trump immunity for official conduct, the indictment still covers his actions related to the election fraud case.
In response to the updated indictment, Trump's legal team has argued for the dismissal of the charges, citing his immunity from criminal prosecution for official actions.
