Trump Hit with Revised Charges in 2020 Election Case

In the build up to the US Presidential Elections, US prosecutors have issued revised charges against former President Donald Trump. The charges relate to his alleged attempts to interfere in the 2020 election after he lost to Joe Biden.

These charges come up after a US Supreme Court ruled last month that presidents enjoy broad immunity from criminal prosecution for official acts while in office.

The revised indictment lays out the same four criminal counts against Trump - which he denies - but they now relate to his status as a political candidate rather than a sitting president.

It appears unlikely that the case - and other criminal cases faced by the Republican - will reach court before this year's election on 5 November.

According to the new indictment championed by the Department of Justice Special Counsel Jack Smith, Trump is accused of committing: conspiracy to defraud the US, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding and conspiracy against rights.

Trump said in a post on Truth Social that the new indictment was "an effort to resurrect a 'dead' Witch Hunt" and "distract the American People" from the election.

"This is what the government is supposed to do based on what the Supreme Court did," the source said. "It doesn't change our position that we believe Smith's case is flawed and it should be dismissed."

Although Trump had pleaded not guilty to these charges in the past, the new charging document, which was slimmed down from 45 to 36 pages, uses different nomenclature for the allegations m, in a bid to redefine the ways it argues that the former president allegedly committed these crimes to comport with the Supreme Court's ruling on presidential immunity.

The new indictment against Trump omits the claim that he tried to pressure Justice Department officials to overturn the 2020 election. The Supreme Court had ruled that Trump's directives to these officials were not illegal. The special counsel's office explained that the superseding indictment was presented to a new grand jury, which hadn't previously reviewed the evidence. A grand jury is used by prosecutors to determine if there's enough evidence for a case to proceed. The Justice Department declined to comment further.

The new indictment asserts that Trump acted as a private citizen, not as president, when allegedly attempting to influence the election results. It emphasizes that Trump had no official role in the certification process but did have a personal interest in the outcome as a candidate. Additionally, the language in the indictment regarding a lawsuit filed in Georgia now states it was done "in his capacity as a candidate for president" rather than "in his name."

The new charges appear to exclude Jeffrey Clark, a former Justice Department official implicated in the "fake electors" scheme. This scheme aimed to disrupt the Electoral College by having Republican-controlled state legislatures in states Biden won select alternative electors or leave electors unselected, in an effort to overturn Biden’s victory. Although Clark was not named in either indictment, media reports have identified him through public records.

Key accusations against Trump remain, including that he pressured Vice President Mike Pence to obstruct Biden's certification. Last month, the Supreme Court ruled that conversations between Trump and Pence could be considered official acts, with Chief Justice John Roberts suggesting Trump might be immune from prosecution. However, the special counsel interpreted the ruling to mean that the case could still proceed, though it's uncertain whether it aligns with the Supreme Court's view on presidential immunity. 

On Monday, Mr Smith’s team appealed against a Florida judge's decision to dismiss the confidential documents case.

“The district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorised the special counsel's appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels," the special counsel’s team wrote in their appeal.

Both cases face uncertain futures after the Supreme Court’s landmark decision last month.

If Trump defeats Democrat Kamala Harris, he is widely expected to order the justice department to drop all the federal charges that he faces.