Photo: Carolyn Kaster Associated Press If re-elected, Donald Trump could, once inaugurated in January 2025, order a halt to federal prosecutions against him.
Published at 17:59 Updated at 19:06
The special prosecutor prosecuting Donald Trump for unlawfully attempting to overturn the results of the 2020 election released a revised indictment Tuesday that still brings the same harsh charges against the former US president.
This document, which contains the same four counts as the previous one, was amended to take into account a Supreme Court ruling granting broad criminal immunity to the President of the United States.
This act “reflects the prosecution’s desire to respect and apply the conclusions and instructions of the Supreme Court,” explains special prosecutor Jack Smith in an attached document.
The Republican billionaire therefore remains charged with “conspiracy against American institutions” and “violating the right to vote” of voters for his pressure on local authorities in several key states in order to invalidate the official results of the election won by Democrat Joe Biden.
The person concerned took offense in a series of messages on his Truth Social network, once again crying foul on the instrumentalization of justice by the outgoing Democratic administration and accusing the special prosecutor of “trying to resuscitate a ‘dead’ witch hunt in an act of desperation.”
Jack “Smith rewrote the exact same case in an attempt to circumvent the Supreme Court’s decision,” he adds.
In an unprecedented ruling on July 1, the Supreme Court recognized the President of the United States with broad criminal immunity.
By a majority of six to three—conservative justices against progressives—the country’s highest court ruled that “the president enjoys no immunity for his unofficial acts” but that he “is entitled at least to a presumption of immunity for his official acts.”
200% Deposit Bonus up to €3,000 180% First Deposit Bonus up to $20,000The Court has sent the case back to the trial judge instance, Tanya Chutkan, to determine which acts are potentially immune from criminal prosecution. The burden is on the prosecution to demonstrate that they are not when they were committed in the exercise of his presidential functions.
The Supreme Court also excluded from the scope of the prosecution all discussions between Donald Trump and the Justice Department through the end of his term.
As a result, prosecutors removed from the revised indictment a series of conversations or communications at the time of the events between Donald Trump and executive branch officials, particularly the Justice Department.
Thus, of the “six conspirators” listed in the original indictment, mostly lawyers involved in his alleged machinations who were not identified by name, “Number 4,” a Justice Department official, has simply disappeared from the revised version.
As for the other five, “none of them were government officials at the time of the conspiracy and all were acting in their private capacities,” the prosecutors point out. prosecutors.
The proceedings, frozen for nearly six months while waiting for the Supreme Court to rule on the criminal immunity claimed by Donald Trump, resumed in early August.
No new date for the trial, initially scheduled to take place in Washington on March 4, has yet been set.
The Republican presidential candidate, who is the subject of four criminal proceedings, is pulling out all the stops to be tried as late as possible, in any case after the November 5 election.
Donald Trump was found guilty on May 30 in New York of “aggravated false accounting to conceal a conspiracy to subvert the 2016 election,” in the case of the payment of $130,000, disguised as legal fees, to buy the silence of Pornographic film actress Stormy Daniels.
But this first criminal conviction, unprecedented for a former American president, will in all probability be the only one before the vote and the pronouncement of the sentence, scheduled for September, could also be postponed because of the decision of the Supreme Court.
If he were re-elected, Donald Trump could, once sworn in in January 2025, order the cessation of federal proceedings against him.
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