Document has parts rewritten to emphasise Trump was not acting in official capacity during his efforts to overturn election
The US justice department filed a new indictment against Donald Trump over his efforts to overturn the 2020 election. Photograph: Nick Hagen/The New York TimesThe maneovre does not substantially change the criminal case against him but protects it in the wake of a July US supreme court decision ruling saying that Mr Trump and other presidents have immunity for official acts but not unofficial ones.
The document retains the same four criminal charges against Mr Trump that were originally filed last summer. But portions of the new indictment are rewritten to emphasise that Mr Trump was not acting in his official capacity during his efforts to try to overturn the election. The supreme court also suggested a president could be criminally immune in connection to acts between him and the vice-president. The superseding indictment reframes Mr Trump’s interactions with Mike Pence, emphasising that he was Mr Trump’s running mate.
Prosecutors also highlighted that <r Trump used his Twitter/X account both for official and personal acts. They noted that the rally he attended on the Ellipse, near the White House, on January 6th, 2021, was a “campaign speech”. “The whole case should be thrown out and dismissed on Presidential Immunity grounds, as already ruled unequivocally by the U.S. Supreme Court,” he wrote in one of a series of posts, referencing the July US supreme court decision that said former presidents are entitled to some degree of immunity from criminal prosecution.
In July, the supreme court’s conservative majority ruled that former presidents are immune from criminal prosecution for official actions that extended to the “outer perimeter” of their office, most notably any interactions with the justice department and executive branch officials.
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