The Judiciary Knocks on Trump’s Door Again: 2020 Election Disrupts 2024

29th August 2024

2 minutes read

The Judiciary Knocks on Trump's Door Again: 2020 Election Disrupts 2024

A new indictment against Republican candidate Donald Trump in the case of attempting to alter the results of the 2020 presidential election was finalized on Tuesday.

U.S. prosecutors have obtained the new indictment against the former president as he gears up for his presidential run, with early voting set to begin next month.

The new indictment follows a ruling by the U.S. Supreme Court that former presidents enjoy broad immunity from criminal prosecution. The indictment dropped claims that Trump tried to pressure the Department of Justice in his attempt to overturn his election defeat, a clear attempt to keep the case alive after the Supreme Court ruled that Trump could not be prosecuted for this conduct.

Like the initial indictment, the new one accuses Trump of a multi-part conspiracy to prevent the certification of his election defeat before Democratic President Joe Biden. A Justice Department spokesperson stated that the case was presented to a new grand jury that had not heard evidence from the original case.

The new version of the indictment relies on significant testimonies and evidence from witnesses outside the federal government, such as former Arizona House Speaker Rusty Bowers, whom the indictment says was pressured by Trump to hold a hearing based on false claims of election fraud.

Following the Supreme Court’s decision in July, Special Counsel Jack Smith and his team had to substantially restructure their case against the former president, as well as the evidence they could rely on to support and continue the case. The trial has been temporarily suspended.

The six conservative justices of the Supreme Court had set a very high bar for Special Counsel Jack Smith and his team, in a decision that U.S. President Joe Biden described as a radical shift in the principle of equality before the law. The Court had found that Trump enjoyed full immunity for official acts performed as president related to his fundamental constitutional duties, including communications with Justice Department officials about allegations of election fraud. Therefore, this part of the indictment against Trump has effectively been dismissed.

The six justices also stated that there is a presumption of immunity for any other official acts performed by Trump. In practical terms, this means that prosecutors must put in considerable effort to bring a case against Trump.

However, the Court added that presidents do not have immunity from prosecution for personal acts.

Trump has agreed to a debate with his Democratic rival Kamala Harris on September 10, which could give the vice president a reason to focus on the case.

But given the sharp polarization in American society, it seems that raising the case might have little impact on the outcome of the election scheduled for next November.