United States prosecutors filed four charges against former president Donald Trump on August 27 for trying to overturn the 2020 elections.
Trump was initially charged in August 2023 with conspiracy to defraud the US, obstruct the January 6 congressional proceedings, and conspire against the right to vote. He pleaded not guilty to all charges.
The case was initially scheduled for trial on March 5, but it was delayed after Trump’s lawyers launched a separate case arguing for presidential immunity.
In a historic 6-3 ruling on July 1, the Supreme Court decided that Donald Trump cannot be prosecuted for actions within his constitutional powers as president with Chief Justice John Roberts writing for the court.
Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.
And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.
In an effort to comply with the Supreme Court ruling, the new indictment by Special counsel Jack Smith omits sections that accused Trump of attempting to use the Justice Department to overturn his election loss but retains the same four criminal charges.
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 that should be “dismissed IMMEDIATELY”.
The high court remanded the case to U.S. District Judge Tanya Chutkan an appointee of former Democratic president Barack Obama, who must now determine which allegations involving Trump’s private actions can proceed to trial.
Republican nominee Trump will face off against Democratic nominee Kamala Harris in the 2024 U.S. presidential election on November 8.
