Feds file new indictment in Trump Jan. 6 case, keeping charges intact but narrowing allegations

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Feds file new indictment in Trump Jan. 6 case, keeping charges intact but narrowing allegations

2024-08-28 08:42 Last Updated At：08:50

WASHINGTON (AP) — Special counsel Jack Smith filed a new indictment Tuesday against Donald Trump over his efforts to undo the 2020 presidential election that keeps the same criminal charges but narrows the allegations against him following a Supreme Court opinion that conferred broad immunity on former presidents.

The new indictment removes a section of the indictment that had accused Trump of trying to use the law enforcement powers of the Justice Department to overturn his election loss, an area of conduct for which the Supreme Court, in a 6-3 opinion last month, said that Trump was absolutely immune from prosecution.

The stripped-down criminal case represents a first effort by prosecutors to comply with a Supreme Court opinion that made all but certain the Republican presidential nominee won't face trial before the November election in the case alleging he tried to thwart the peaceful transfer of power.

It comes days before prosecutors and defense lawyers are expected to tell the judge overseeing the case how they want to proceed in light of the Supreme Court's ruling, which said presidents are presumptively immune from prosecution for official White House acts. The high court sent the case back to U.S. District Judge Tanya Chutkan, who now must analyze which allegations in the indictment were unofficial actions — or those taken in Trump's private capacity — that can proceed to trial.

Prosecutors and Trump's legal team will be back in court next week for the first hearing in front of Chutkan in months, given that the case had been effectively frozen since last December as Trump's immunity appeal worked its way through the justice system.

In a statement on his Truth Social platform, Trump called the new indictment “an act of desperation” and an “effort to resurrect a ‘dead’ Witch Hunt.'” He said the new case has “all the problems of the old Indictment, and should be dismissed IMMEDIATELY. ”

The special counsel’s office said the updated indictment, filed in federal court in Washington, was issued by a grand jury that had not previously heard evidence in the case. It said in a statement that the indictment “reflects the Government's efforts to respect and implement the Supreme Court's holdings and remand instructions.”

The new indictment does away with references to allegations that could be deemed as official acts for which Trump is entitled to immunity in light of the Supreme Court’s ruling. That includes allegations that Trump tried to enlist the Justice Department in his failed effort to undo his election loss, including by conducting sham investigations and telling states — incorrectly — that significant fraud had been detected.

In its opinion, the Supreme Court held that a president’s interactions with the Justice Department constitute official acts for which he is entitled to immunity.

The original indictment detailed how Jeffrey Clark, a top official in the Trump Justice Department, wanted to send a letter to elected officials in certain states falsely claiming that the department had “identified significant concerns that may have impacted the outcome of the election,” but top department officials refused.

Clark’s support for Trump’s election fraud claims led Trump to openly contemplate naming him as acting attorney general in place of Jeffrey Rosen, who led the department in the final weeks of the Trump administration. Trump ultimately relented in that idea “when he was told it would result in mass resignations at the Justice Department," according to the original indictment. Rosen remained on as acting attorney general through the end of Trump's tenure.

The new case no longer references Clark as a co-conspirator. Trump’s alleged co-conspirators were not named in either indictment, but the details make clear their identities. The new indictment stresses that none of the other co-conspirators “were government officials during the conspiracies and all of whom were acting in a private capacity.”

The new indictment also removes references to Trump's communications with federal government officials — like senior White House attorneys — who told him there was no evidence of fraud that would change the outcome of the 2020 election. It also removes references to certain Trump statements, including a claim he made during a White House press conference two days after the election about a suspicious dump of votes in Detroit.

The new indictment still includes one of the more stunning allegations brought by Smith — that Trump participated in a scheme orchestrated by allies to enlist slates of fraudulent electors in battleground states won by Democrat Joe Biden who would falsely attest that Trump had won in those states.

It also retains allegations that Trump sought to pressure Vice President Mike Pence to reject legitimate electoral votes, and that Trump and his allies exploited the chaos at the Capitol on Jan. 6 in an attempt to further delay the certification of Biden’s victory.

Chief Justice Roberts wrote in his majority opinion that the interactions between Trump and Pence amounted to official conduct for which “Trump is at least presumptively immune from prosecution.”

The question, Roberts wrote, is whether the government can rebut “that presumption of immunity.”

Supreme Court Justice Ketanji Brown Jackson dissented from the ruling. In an excerpt from an interview with CBS News’ “Sunday Morning” that aired Tuesday, she said: “I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances. When we have a criminal justice system that had ordinarily treated everyone the same."

Associated Press writers Mark Sherman, Lindsay Whitehurst and Maya Sweedler in Washington contributed to this report.

Trump refuses to criticize Laura Loomer amid concerns from Republican allies about her influence

2024-09-14 05:38 Last Updated At：05:41

RANCHO PALOS VERDES, Calif. (AP) — Donald Trump refused on Friday to condemn recent racist and conspiratorial comments from right-wing provocateur Laura Loomer, who traveled with him earlier this week to Tuesday night's presidential debate and several 9/11 memorial events.

“Laura’s been a supporter of mine,” Trump told reporters at a press conference near Los Angeles, where he was pressed on concerns from Republican allies about his ongoing association with Loomer, who once declared herself a “proud Islamophobe” and has a long history of promoting ugly and extreme conspiracies.

Trump said Loomer has “strong opinions,” but insisted he was unaware of her recent comments, including a post on X in which she played on racist stereotypes by writing that “the White House will smell like curry & White House speeches will be facilitated via a call center” if his Democratic rival, Vice President Kamala Harris, wins in November. Harris is the daughter of Jamaican and Indian immigrants.

“I don’t control Laura. Laura has to say what she wants,” Trump said. “I can’t tell Laura what to do.”

He later said Loomer “brings a spirit to us that a lot of people have," adding that, "in all fairness to her, she hates seeing what's happened to the country."

Loomer’s appearances on the campaign trail with Trump have alarmed some top supporters, who have taken the rare move of publicly airing their concerns that he is hurting his chances against Harris, who is driving up Democratic enthusiasm and repeatedly put Trump on the defensive in Tuesday’s debate. Harris was campaigning Friday across Pennsylvania.

Republican firebrand Marjorie Taylor Greene, the Georgia Congresswoman known herself for spreading conspiracies, called the post about curry “appalling and extremely racist” and said it did not represent Trump’s “MAGA” movement.

Sen. Thom Tillis, R-N.C., called Loomer “a crazy conspiracy theorist who regularly utters disgusting garbage intended to divide Republicans," and said a Democratic party “plant couldn’t do a better job than she is doing to hurt President Trump’s chances of winning re-election.”

Trump has a history of association with extremists, including dining last year at his Mar-a-Lago club with Nick Fuentes, a far-right activist who had used his online platform to spew antisemitic and white nationalist rhetoric. Trump had said at the time that he “knew nothing about” Fuentes before his dinner with the rapper formerly known as Kanye West.

Harris has not commented publicly on Loomer's ties to Trump. But as has often been the case during his three White House runs, Trump has pulled the presidential campaign this week into a discussion of far-right conspiracies and unsubstantiated rumors with consequences.

He brought up a discredited claim about Haitian immigrants in Springfield, Ohio, hunting and eating pets at Tuesday's presidential debate watched by more than 67 million people, as Harris repeatedly put him on the defensive about the economy and abortion. The claims — which he has also amplified in social media posts — have driven millions of online conversations, and resulted in serious repercussions for the town.

Bomb threats directed at the homes of Springfield’s mayor and other city officials, as well as Springfield City Hall and schools. prompted the evacuation of schools and government buildings there for a second day on Friday.

Yet Trump's allies, notably his running mate, Ohio Sen. JD Vance, have repeatedly raised the claims about pets — even as Vance acknowledged they may be false. In recent days, some Republicans have suggested Haitians are targeting ducks and geese in the city. Officials in Springfield have said those claims are unsubstantiated after employees investigated them, and advocates for Haitians warn promoting those claims puts people in danger.

Trump, who has promised if elected again to carry out the largest deportation operation in U.S. history, on Friday dismissed concerns from city officials and said his operation would target Springfield.

“The real threat is what’s happening at our border,” he said.

President Joe Biden on Friday said the Haitian community was “under attack” and that the false claims had to stop.

Speaking at a news conference at his Los Angeles-area golf club, Trump unleashed a litany of attacks against Harris and California, as he stood on a cliff overlooking the rugged Pacific Ocean.

“She destroyed San Francisco and she destroyed the state,” Trump said of Harris, who represented California in the Senate and also served as the state’s attorney general and the district attorney of San Francisco before becoming vice president. He accused her of having been soft on crime in her previous positions — something aides had suggested he would focus on during the debate.

Trump, who said he wanted to be known as “the border president,” also continued to rail against the dangers of illegal immigration, claiming that the country has had “thousands of people being killed by illegal migrants.”

In fact, there has been no spike in violent crime nationally or in the major cities where many migrants have settled, and national statistics show violent crime is on the way down.

Harris, meanwhile, was campaigning in Pennsylvania Friday, with stops in Johnstown and Wilkes-Barre, — two counties Trump won in 2016 and 2020 — as she tries to capitalize on her momentum after Tuesday night’s debate.

In Johnstown, she dropped in to meet with owners and supporters at Classic Elements, a bookstore and cafe, to discuss her plans to support small businesses if elected.

“Small businesses are so much part of the fabric of a community,” she told the shop owners. Harris said she would be in the state a lot and that “we got to earn every vote.”

It was her second day of back-to-back rallies after holding two events in North Carolina, another swing state, on Thursday. Her campaign is aiming to hit every market in every battleground state over four days, with stops by Harris, her running mate, Minnesota Gov. Tim Walz, and other surrogates in Michigan, Wisconsin, Arizona and Georgia.

While speaking in Charlotte, Harris took a victory lap for her debate performance in which she needled Trump and kept him on the defensive. Recounting one moment while campaigning in North Carolina, she mocked Trump for saying he had “concepts of a plan” for replacing the Affordable Care Act.

“Concepts. Concepts. No actual plan. Concepts,” she said as the crowd roared with laughter.

Her campaign said she raised $47 million from 600,000 donors in the 24 hours after her debate with Trump.

After appearing at his golf club in upscale Rancho Palos Verdes, Trump was planning to attend a fundraiser in the afternoon in the Bay Area town of Woodside that is being hosted by billionaire software developer Tom Siebel and his wife, Stacey Siebel. Tom Siebel is the second cousin once removed of Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom, a Democrat and surrogate for Harris.

He then heads to Las Vegas, where he’ll have a rally in the city’s downtown area. Trump was in the city last month for a brief stop to promote his proposal to end federal taxes on workers’ tips, something that’s expected to especially resonate in the tourist city, where much of the service-based economy includes workers who rely on tips. He announced a new proposal Thursday to end taxes on overtime pay.

Madhani reported from Johnstown, Pennsylvania, and Colvin from New York. Associated Press writers Michael R. Blood in Los Angeles, Chris Megerian in Washington, Melissa Goldin in New York and Tom Verdin in Sacramento contributed to this report.