• Former President Donald Trump faces a revised federal indictment for allegedly trying to overturn his 2020 election loss.
  • The indictment now focuses on Trump's role as a candidate, not as president, to avoid issues of presidential immunity.
  • The case hinges on testimony and evidence from witnesses largely outside the federal government.
  • This development marks a significant shift in the prosecution's approach, focusing on Trump's actions as a candidate rather than as a president.

In a significant development in the ongoing legal saga surrounding the 2020 US Presidential Election, former President Donald Trump has been served with a revised federal indictment. The indictment, filed on Tuesday, accuses Trump of illegally attempting to overturn his 2020 election loss. This development comes in the wake of a U.S. Supreme Court ruling that former presidents enjoy broad immunity from criminal prosecution.

The revised indictment was obtained by U.S. Special Counsel Jack Smith's team in the Washington case. However, it is highly unlikely that the case will proceed to trial before the Nov. 5 election, when Trump, the Republican candidate, faces Democratic Vice President Kamala Harris. The revised indictment retains the same four charges that prosecutors brought against Trump last year.

Shift in Focus: From President to Candidate

However, it now focuses on Trump's role as a political candidate seeking reelection, rather than his role as the president at the time. This shift in focus is a strategic response to the Supreme Court's ruling on July 1 that Trump is at least presumptively immune from criminal prosecution for actions that were within his constitutional powers as president.

The case is being overseen by U.S. District Judge Tanya Chutkan in Washington, who is expected to decide in the coming weeks which aspects of the case must be dismissed based on the Supreme Court's immunity decision. Trump's attorneys have not yet responded to a request for comment.

Trump, in a statement on his Truth Social media platform, argued that the Supreme Court's immunity ruling should lead to the entire case being thrown out. He accused Smith of rewriting the same case in an effort to circumvent the Supreme Court Decision.

Allegations and Immunity

Trump has pleaded not guilty to the initial charges, denouncing this case and the others he faces as politically motivated attempts to prevent him from returning to power. The indictment accuses Trump of a multi-part conspiracy to block the certification of his election defeat to Biden. It retains allegations that Trump pressured then-Vice President Mike Pence to use his role presiding over the congressional certification of the election on Jan. 6, 2021, to reject electoral votes from battleground states Trump lost.

The revised indictment states, "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." This language did not appear in the original charging document. This statement underscores the prosecution's strategy of focusing on Trump's actions as a candidate, not as a president, to avoid issues of presidential immunity.

The indictment also refers to the events of January 6, 2021, when a mob of Trump supporters stormed the US Capitol in an attempt to halt the congressional certification. This remains a key part of the case against Trump.

Looking Ahead

The revised indictment no longer includes allegations that Trump sought to pressure the U.S. Justice Department as he tried to overturn his election defeat. This appears to be an effort to keep the prosecution alive after the high court found that Trump could not be prosecuted for that conduct. It also removes references to Jeffrey Clark, a senior Trump administration Justice Department official who allegedly sought to aid Trump's attempts to undermine the election results, and to former U.S. Attorney General Bill Barr, who allegedly told Trump his claims of widespread voter fraud were not true.

The revised 36-page indictment, nine pages shorter than the original, hinges on key testimony and evidence from witnesses largely outside the federal government. This includes former Arizona House Speaker Rusty Bowers, whom the indictment says was pressured by Trump and a co-conspirator to call a special session to hold a hearing based on bogus assertions of voter fraud.

The case, one of four criminal prosecutions Trump has faced, has been delayed for months while Trump pressed his claim of immunity. The Supreme Court's 6-3 decision was powered by a conservative majority that includes three justices nominated by Trump.

The revised indictment against Trump marks a significant development in the ongoing legal saga surrounding the 2020 Presidential Election. It reflects a strategic shift in the prosecution's approach, focusing on Trump's actions as a candidate rather than as a president to circumvent issues of presidential immunity.

As the case progresses, it will be interesting to see how these changes impact the proceedings and whether they will be sufficient to overcome the immunity hurdle established by the Supreme Court.

This case is reminiscent of the Watergate scandal that led to the resignation of President Richard Nixon in 1974, highlighting the potential consequences of a president abusing his power to influence an election outcome. However, unlike Nixon, Trump has not resigned and continues to maintain his innocence.