Former President Donald Trump has once again been indicted over his efforts to overturn his 2020 election loss. The federal grand jury returned a superseding indictment with the same charges as the original one, including conspiracy to defraud the United States and obstruction of an official proceeding. This new indictment reflects the Supreme Court’s ruling on presidential immunity last month, limiting the evidence that can be used against Trump in the case.
Trump and his campaign have criticized the indictment as an attack on democracy, with Trump claiming that he did not obstruct the 2020 election. While some evidence, such as conversations with Justice Department officials, has been removed from the new indictment, prosecutors still maintain that Trump knowingly spread false claims about election fraud.
The new indictment also highlights Vice President Mike Pence’s role during the electoral vote count on Jan. 6, 2021. Trump’s state of mind will be a major issue in any future trial, but it is unlikely to take place before Election Day. If Trump wins, he or his appointees could kill the case or pardon the defendants involved in the Jan. 6 attack.
Trump’s defense team is reviewing the new indictment and plans to request its dismissal. The case is currently on hold as pending immunity questions need to be resolved before proceeding. Trump is also using the immunity ruling to fight his conviction on charges of falsifying business records in New York. The new indictment in the federal case may be an attempt by prosecutors to streamline the evidence to avoid disputes over admissibility.
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