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Special Counsel Revises Trump Indictment to Avoid Supreme Court Ruling
Special Counsel Jack Smith filed a superseding indictment against United States President Donald Trump on Tuesday, again accusing him of trying to illegally overturn the results of the 2020 election.
The revised indictment includes the same four charges as the first indictment, but it has been pared down to try to remove information that could make President Trump immune to prosecution.
Immunity: On July 1, the Supreme Court ruled that President Trump can be prosecuted for unofficial acts but has “absolute immunity” from charges against official acts taken while president.
The ruling made it possible for Smith’s original indictment against President Trump to be thrown away. Smith’s edits to the indictment aim to get around the court’s ruling.
The superseding indictment, which was 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 holdings and remand instructions in Trump v. United States.
—Special Counsel’s office
Revisions: The new indictment, which is nine pages shorter than the original, argues that President Trump was not acting on “official responsibilities”:
The defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election.
In other words, Smith is trying to prosecute Trump as a political candidate seeking election, rather than as the president.
Smith also removed a section of the indictment that said President Trump petitioned for the help of the Justice Department to prove his innocence.
Obstruction: Trumpet editor in chief Gerald Flurry proves in his book America Under Attack that President Trump did in fact win the 2020 election. Any attempts to prosecute President Trump and say otherwise are attempts to obstruct the truth.
To learn more, request a free copy of America Under Attack.