In an ongoing effort to circumvent the U.S. Supreme Court’s July ruling granting presidents immunity for actions taken while in office, the Biden-Harris administration continues working to build a case against Donald Trump regarding his alleged effort to ‘overturn’ the 2020 election. As part of this, special counsel Jack Smith seeks to file a public version of a Thursday brief containing substantive witness testimony from the former president’s election interference case that was filed in Washington, D.C.
According to ABC News, this development occurred one day after Smith submitted a sealed brief arguing that presidential immunity should not protect Trump, who is accused of attempting to overturn the 2020 election results. In the filing on Friday, Smith requested the release of an unsealed version of the brief that would redact the names of witnesses—excluding former Vice President Mike Pence—and omit other sensitive information intended to remain confidential, the outlet noted. “The public’s interest is fully vindicated by accessing the substantive material in the Government’s filing,” the filing said.
Last year, Trump entered a not guilty plea to charges alleging he was involved in a “criminal scheme” aimed at overturning President Joe Biden’s victory in the 2020 election. “The unredacted substance of what a witness said is more important, for purposes of public access, than the redacted identity of the specific person who said it,” Friday’s filing said.
If released to the public, the filing is expected to contain information gathered from witnesses, grand jury testimonies, and search warrants, though most names will be redacted. U.S. District Judge Tanya Chutkan, who is overseeing the case, has instructed Trump’s legal team to submit their objections to the proposed redactions by Tuesday, with the prosecutors’ response due on October 10.
Last month, a federal grand jury in Washington, D.C., reindicted Trump on four felony charges related to his alleged attempts to overturn the 2020 presidential election results. The 36-page indictment, filed by Smith, seeks to address changes in the case against Trump following the Supreme Court’s decision, which affirms broad immunity for presidents regarding actions taken in their official capacity.
Despite the changes, the superseding indictment continues to charge Trump with the same four crimes, including conspiracy to defraud the United States. The changes indicate that Smith believes the Supreme Court’s ruling will not substantially impede the prosecution’s case against Trump. The updated indictment appears to minimize the direct link between Trump’s actions and his official presidential duties, instead emphasizing the political and personal aspects of his behavior following the election and on January 6, 2021.
The reindictment highlights that Mike Pence, then-Vice President, was also Trump’s running mate during the time Trump pressured him to interfere with the election certification. It notes that the January 6, 2021, rally was privately funded and organized and underscores Trump’s frequent use of his Twitter account for personal matters. The new indictment notably omits references to several high-ranking officials who had previously told Trump that his election fraud claims were baseless. By making the changes, Smith appears to be attempting to align with the Supreme Court’s guidance on prosecuting a sitting president for actions tied to their official duties.
The re-indictment also omits any mention of former Justice Department official Jeffrey Clark, who was previously identified as an alleged co-conspirator. Clark was involved in discussions about sending letters to local election officials alleging fraud in the 2020 election. However, Trump ultimately abandoned that plan following strong objections from senior Justice Department officials.
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