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Former US president Donald Trump campaigning last week in New Orleans, Louisiana. Photo: AP

Donald Trump indicted on 4 counts over efforts to overturn 2020 election results

  • US federal indictment led by US Special Counsel Jack Smith also makes reference to six co-conspirators, including a Justice Department official
  • Trump has already been indicted on federal charges concerning his handling of classified documents after leaving the White House
Donald Trump
Former US president Donald Trump was indicted by federal prosecutors on Tuesday for his role in efforts to overturn the results of the 2020 presidential election, a move that puts Trump further into legal jeopardy as he seeks a return to the White House in next year’s election.

The front-running candidate for the Republican Party’s presidential nomination posted on his Truth Social platform soon before news reports that an indictment in the investigation led by US Special Counsel Jack Smith was imminent.

The indictment included four counts: “Conspiracy to defraud the US; a conspiracy to threaten the rights of others; a conspiracy to obstruct an official proceeding before Congress; and obstruction of an official proceeding.

Trump “did knowingly combine, conspire, confederate, and agree with co-conspirators … to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified”, the indictment said.

US Special Counsel Jack Smith details the latest federal indictments involving former president Donald Trump on Tuesday in Washington. Photo: AP

“The purpose of the conspiracy was to overturn the legitimate results of the 2020 presidential election,” it added.

Trump’s campaign office issued a statement moments after news of the indictment, asserting that the move was an attempt by US President Joe Biden to “interfere” with next year’s election.
“This is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden crime family and their weaponised Department of Justice to interfere with the 2024 presidential election, in which President Trump is the undisputed front runner, and leading by substantial margins,” it said.

Speaking to reporters gathered at the Justice Department on Tuesday evening, Smith called the January 6 attack “an unprecedented assault on the seat of American democracy” and devoted much of his brief speech to law enforcement officials who defended the Capitol in the melee.

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“The men and women of law enforcement who defended the US Capitol … are heroes, they’re patriots and they are the very best of us,” he said. “They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people.”

The federal indictment announced on Tuesday was the second that Smith’s office has brought against Trump. In June, Trump pleaded not guilty to charges related to 37 counts related to his handling of classified documents at Mar-a-Lago, his Florida residence, after he left the White House.
Last week, Trump was hit with new charges in a superseding indictment, including one asserting that he and two employees attempted to delete surveillance video footage at Mar-a-Lago last year.

A trial date in that case has been set for May 20, 2024, in Fort Pierce, Florida.

The latest case provides more visibility into a wide range of actions Trump and his supporters took to obstruct the legitimate transfer of power to Biden, who defeated Trump by more than 7 million votes.

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That included the run-up to the January 6, 2021 riot at the US Capitol, when more than 2,000 people stormed the building in a bid to disrupt the certification of electoral votes in Congress.

The indictment included details of Trump’s attempts to pressure then vice-president Mike Pence to refrain from certifying the election.

The document quoted Trump as telling Pence that he was “too honest”.

Pence, who is also running against Trump for the Republican Party nomination, issued a statement calling the indictment “an important reminder”.

“Anyone who puts himself over the Constitution should never be president of the United States,” he said.

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US Congress certifies results of presidential election after Trump supporters storm the Capitol

US Congress certifies results of presidential election after Trump supporters storm the Capitol

Ahead of the indictment, Trump has regularly assailed Smith, the US Justice Department and the FBI, claiming on Truth Social to be the victim of a “coordinated HOAX” orchestrated by his enemies to rob him of a return to the White House.

The new indictment was only the latest development in Trump’s legal battles. It follows an indictment against him in June for illegally retaining reams of documents with highly classified intelligence and obstructing attempts by US government officials to retrieve them.

The indictment in the classified documents case, which included violations of the Espionage Act, was the first issued to a former American president by the federal government.

According to charges in that case, Trump illegally retained reams of documents with highly classified intelligence and obstructing attempts by US officials to retrieve them. Additionally, he was said to have described a Pentagon “plan of attack” and shared a classified map related to a military operation with individuals who lacked security clearance.

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Trump has also been indicted in a state-level case in New York related to his role in a payment scheme to cover up a potential sex scandal to clear his path to the presidency in 2016. Trump has pleaded not guilty in that case as well.

In yet another legal tangle this year, a civil court jury in New York found Trump liable for sexually abusing magazine writer E. Jean Carroll in the 1990s and then defaming her by branding her a liar; it ordered him to pay US$5 million in damages.

Carroll’s lawyers filed an amended lawsuit against him seeking US$10 million in damages to hold him liable for remarks he made after the verdict.

The judge assigned to Trump’s latest case announced Tuesday, Tanya Chutkan, made headlines in 2021, when she rejected Trump’s effort at that time to block a House committee from accessing White House records related to his attempt to overturn the 2020 election.

Ruling that Trump had no authority to overrule Biden’s decision to waive executive privilege that the former president was claiming and release the materials to Congress, Chutkan said: “Presidents are not kings, and plaintiff is not president”.

Trump was ordered to make an initial appearance in federal court in Washington on Thursday.

Trump also faces a fourth criminal investigation by a county prosecutor in Georgia into accusations he sought to undo his 2020 election loss in that state.

Fulton County District Attorney Fani Willis has indicated she plans to bring charges in that case within the next three weeks.

Additional reporting by Reuters

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