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The Federal government has filed a second attempt at indicting former President Trump on four counts related to his alleged attempts to overturn the 2020 election results. It was filed by Special Counsel Jack Smith.

Special Counsel Smith’s appointment was recently ruled unlawful in the documents case but it would seem that he still has the power to keep going on the election case. Not sure how that works.

The indictment was revised after the Supreme Court ruled that he had immunity for much of the actions he took under his official role as the President. An excellent breakdown of that distinction can be found here.

The new indictment makes the case that there were things that President Trump did outside of his official capacity as president that can be found criminal. It alleges that he spoke about election irregularities while “on notice that his claims were untrue” in order to retain the presidency.

A conference between the parties is set for September 5 and most likely the prosecution will extend beyond the election, after which time… it’s anyone’s guess at this point.

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