这特别律师的新起诉书指控前总统唐纳德·特朗普(Donald Trump)试图推翻2020年大选的努力,使变化大大小小,以适应最高法院的里程碑关于总统豁免权的裁决。
一份起诉书曾经提供了特朗普在推翻选举的计划中招募联邦官员的生动细节,但却没有提到司法部。关于顾问如何纠正特朗普关于选举欺诈的说法的详细叙述,随着暴徒冲进国会大厦时特朗普对其核心圈子的声明一起消失了。
检察官还做了一些小改动,比如在起诉书的开头几行将特朗普描述为“美国总统候选人”,而不是“第四十五任美国总统”。特朗普在白宫内部的官方声明被巧妙地删除了,而其他例子被框定为非官方或“以他作为办公室候选人的身份”。
新的起诉书称,“被告没有与认证程序相关的官方责任,但作为候选人,他在被提名为选举获胜者方面确实有个人利益。”
特别顾问杰克·史密斯向新的大陪审团提交了证据,大陪审团退回了起诉书,指控川普犯有他最初面临的四项刑事罪。
起诉书删除了特朗普在以下方面行动的细节1月6日,包括拒绝叫停暴乱者。
取代起诉书删除了对特朗普拒绝在暴徒袭击国会大厦时采取行动以及顾问描述的他的整体行为的一度致命的指控。
根据最初的起诉书,尽管包括白宫法律顾问和他的幕僚长在内的高级官员敦促,特朗普拒绝批准指示暴徒离开国会大厦的消息。
当天晚些时候,据称川普拒绝了前众议院共和党领袖凯文·麦卡锡要求停止暴乱的请求。
“被告告诉少数党领袖,国会大厦的人群比少数党领袖对选举更加不满,”起诉书说。
根据最初的起诉书,特朗普还对椭圆形办公室的顾问们说,“这就是他们试图窃取选举的结果。这些人很愤怒。这些人对此真的很生气。事情就是这样。”
起诉书称,1月6日晚,特朗普还拒绝了他的白宫法律顾问提出的撤销对选举认证的任何异议的请求。
替代起诉书似乎简化了对特朗普行为的描述,同时省略了原起诉书中曾经包含的陈述。
“他花了一下午的大部分时间在手机上查看Twitter,而餐厅的电视显示了国会大厦的直播事件,”替代起诉书说。
起诉书删除了对特朗普利用司法部的指控。
与最初的起诉书相比,周二的替代起诉书删除了五页指控,详细说明了特朗普据称如何利用司法部来推进他对选举欺诈的指控。
检察官最初指控特朗普试图利用司法部进一步虚假指控关键州的选举欺诈,以使特朗普的“谎言得到联邦政府的支持”。
最初的起诉书称,当DOJ官员反驳特朗普关于司法部可能改变选举结果的说法时,特朗普据称回应道,“只要说选举腐败,剩下的就交给我和共和党国会议员吧”。
起诉书最初详细描述了特朗普据称如何与共谋者四(美国广播公司新闻频道称之为前助理司法部长杰弗里·克拉克)合作,让司法部向关键州发送一封信,谎称司法部“发现了可能影响选举结果的重大问题”。据称,特朗普计划在总统任期的最后几天让克拉克担任代理司法部长,但当有人警告说这一举动将导致大规模辞职时,他被阻止了。
司法部曾经是针对特朗普的案件的核心支柱,但在新的起诉书中,所有提到司法部的内容都被删除了。
起诉书试图挽救关键证据。
新的起诉书似乎做了一些小改动,以挽救关键证据,包括川普打给佐治亚州官员关于寻找选票的电话,以及副总统迈克·彭斯的笔记。
新的起诉书仍然描述了特朗普2021年1月2日与佐治亚州国务卿布拉德·拉芬斯佩格的电话,特朗普在电话中表示,他希望“找到11,780张选票”,但为梅多斯在电话中的角色添加了背景。
“1月2日,在国会认证程序的四天前,被告、他的幕僚长——他有时为被告处理私人和竞选相关的后勤事务——以及参与起诉格鲁吉亚国务卿的私人律师给国务卿打了电话,”替代起诉书说。
起诉书仍然提到副总统彭斯与特朗普在1月6日就拒绝合法选举人的拟议计划举行的一次重要会议的同期笔记。
“你听到了吗?甚至你自己的法律顾问也没有说我有这个权力,”彭斯告诉特朗普。
新的起诉书只对引用笔记的部分做了轻微的修改,删除了“白宫法律顾问先前对被告选举欺诈的虚假指控进行了反击”的一行。
新的起诉书还提到了12月29日彭斯和特朗普之间的电话——彭斯的笔记中记录了这一电话——当时这位前总统声称“司法部(正在)发现重大违法行为。”
起诉书公开将特朗普的一些言论框定为非官方的。
检察官似乎在起诉书中添加了一些短语,将特朗普的声明框定为作为候选人的非官方声明,而不是作为总统的官方声明。
起诉书特别将特朗普在1月6日椭圆集会上的言论描述为“竞选演讲”。
旧起诉书:1月6日,被告公开重复了明知故犯的错误主张,即36,000名非公民在亚利桑那州投票。
新的指控:在1月6日的竞选演讲中,被告公开重复了明知故犯的错误主张,即36,000名非公民在亚利桑那州投票。
在新起诉书的两个例子中,检察官将特朗普的行为定性为“以候选人身份”做出的行为。
起诉书提供的关于官员纠正特朗普选民欺诈指控的细节较少。
最初的起诉书此前详细描述了特朗普最亲密的顾问——包括副总统、司法部成员、国家情报总监和几位白宫律师——如何直接告诉时任总统他对选民欺诈的指控是错误的。
取代起诉书中没有提到联邦官员通知特朗普他的说法是假的,并简要提到副总统彭斯是特朗普的“自己的竞选伙伴”。
“被告被告知他的说法是不真实的,”新的起诉书说。"包括他自己的竞选搭档和竞选团队成员在内的最支持他连任的人都这样告诉他。"
起诉书最初详细描述了2020年12月的三个例子,当时包括代理司法部长和参谋长在内的官员告诉特朗普,他对佐治亚州欺诈行为的指控——包括在科布县市政中心和州立农场竞技场——是虚假的。新的起诉书忽略了这些细节。
起诉书省略了特朗普在白宫讲台后或参考白宫的一些声明。
取代起诉书外科手术般地删除了特朗普在白宫官方讲台后发表的声明。
在白宫内部的两个例子中,特朗普发表了虚假指控密歇根州选民欺诈的言论。
“在底特律,许多计票工作被无故拖延了几个小时。2020年11月5日,特朗普在詹姆斯·s·布雷迪新闻发布会上说,“尽管投票在8点钟结束,但最后一批人直到凌晨4点才到达。
与起诉书中检察官澄清特朗普是以候选人身份发表的其他情况不同,特朗普在白宫发表的言论被从起诉书中删除。
起诉书还删除了2021年1月5日的一条推文,当时特朗普告诉前往华盛顿的支持者,“我们从椭圆形办公室听到你(和爱你)。”
针对这份起诉书,特朗普发表声明称,“史密斯对我提出了一份荒谬的新起诉书,它具有旧起诉书的所有问题,应该立即驳回。”
他还称这是“干涉选举的企图”
特朗普的竞选伙伴参议员JD Vance也赞同特朗普的观点,他告诉美国广播公司新闻,“看起来杰克·史密斯做了更多他所做的事情,即提起这些荒谬的诉讼,以影响选举。”
How the Trump election subversion indictment changed after Supreme Court ruling
Thespecial counsel’s new indictmentcharging former President Donald Trump for his efforts to overturn the 2020 election made changes large and small to accommodate the Supreme Court’s landmarkruling on presidential immunity.
An indictment that once offered vivid details of Trump’s effort to enlist federal officials in his scheme to overturn the election removed any mention of the Department of Justice. Detailed accounts of how advisers corrected Trump about his claims of election fraud are gone along with Trump’s statements to his inner circle as rioters stormed the Capitol.
Prosecutors also made minor changes, such as describing Trump as "a candidate for President of the United States" rather than "the forty-fifth President of the United States" in the indictment’s opening lines. Trump’s official statements from within the White House were subtly removed, while other examples were framed as unofficial or "in his capacity as a candidate for office."
"The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election," the new indictment said.
Special Counsel Jack Smith presented evidence to a new grand jury, which returned an indictment charging Trump with the same four criminal offenses he originally faced.
The indictment removes details about Trump’s actions onJan. 6, including refusing to call off rioters.
The superseding indictment removes once-damning allegations about Trump’s refusal to act as rioters stormed the Capitol and his overall behavior as described by advisers.
According to the original indictment, Trump refused to approve a message directing rioters to leave the Capitol despite the urging of senior officials, including the White House counsel and his chief of staff.
Later that day, Trump allegedly resisted former House Republican Leader Kevin McCarthy’s plea to call off rioters.
"The Defendant told the Minority Leader that the crowd at the Capitol was more upset about the election than the Minority Leader was," the indictment said.
According to the original indictment, Trump also remarked to advisers in the Oval Office that "this is what happens when they try to steal an election. These people are angry. These people are really angry about it. This is what happens."
On the evening of Jan. 6, Trump also rejected the request of his White House Counsel to withdraw any objections to the certification of the election, the indictment said.
The superseding indictment appears to have streamlined its account of Trump’s behavior while omitting the statements once included in the original indictment.
"He spent much of the afternoon reviewing Twitter on his phone, while the television in the dining room showed live events at the Capitol," the superseding indictment said.
The indictment removes allegations about Trump’s use of the Department of Justice.
Compared to the original indictment, Tuesday’s superseding indictment removed five pages of allegations detailing how Trump allegedly used the Department of Justice to further his claims of election fraud.
Prosecutors originally alleged that Trump attempted to use the Department of Justice to further false claims of election fraud in key states to give Trump’s "lies the backing of the federal government."
When DOJ officials rebutted Trump’s claims that the Justice Department could alter the outcome of the election, Trump allegedly responded, "Just say that the election was corrupt and leave the rest to me and the Republican congressmen," the original indictment said.
The indictment originally detailed how Trump allegedly worked with co-conspirator four – identified by ABC News as former Assistant Attorney General Jeffrey Clark – to have the Department of Justice send a letter to key states falsely claiming that the Justice Department "identified significant concerns that may have impacted the outcome of the election." Trump allegedly planned to make Clark his acting attorney general in the final days of his presidency but was stopped when warned that such a move would result in mass resignations.
Once a core pillar of the case against Trump, all mentions of the Justice Department have been removed from the new indictment.
The indictment attempts to salvage key evidence.
The new indictment appears to make minor changes to salvage key evidence, including Trump’s call to Georgia officials about finding votes and Vice President Mike Pence’s notes.
The new indictment still describes Trump’s January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, where Trump said he wanted "to find 11,780 votes" but added context to Meadows’ role in the call.
"On January 2, four days before Congress's certification proceeding, the Defendant, his Chief of Staff – who sometimes handled private and Campaign-related logistics for the Defendant – and private attorneys involved in the lawsuit against Georgia's Secretary of State called the Secretary of State," the superseding indictment said.
The indictment still mentions Vice President Pence’s contemporaneous notes of a key meeting with Trump about the proposed plan to reject legitimate electors on Jan. 6.
"Did you hear that? Even your own counsel is not saying I have that authority," Pence told Trump.
The new indictment only makes slight changes to the section referencing the notes, cutting a line that the "White House Counsel previously had pushed back on the Defendant's false claims of election fraud."
The new indictment also removes mention of a Dec. 29 phone call between Pence and Trump – memorialized in Pence’s notes – when the former president claimed the "Justice Dept [was] finding major infractions."
The indictment overtly frames some of Trump’s statements as unofficial.
Prosecutors appear to have added phrases throughout the indictment to frame Trump’s statements as unofficial ones made as a candidate for office rather than official statements as president.
The indictment notably describes Trump’s statements at the Ellipse rally on Jan. 6 as a "campaign speech."
Old Indictment: On January 6, the Defendant publicly repeated the knowingly false claim that 36,000 non-citizens had voted in Arizona.
New Indictment: In his Campaign speech on January 6, the Defendant publicly repeated the knowingly false claim that 36,000 non-citizens had voted in Arizona.
In two instances in the new indictment, prosecutors framed Trump’s actions as conduct made "in his capacity as a candidate for office."
The indictment offers fewer details about officials correcting Trump on claims of voter fraud.
The original indictment previously went to lengths to detail how Trump’s closest advisers – including the vice president, members of the Department of Justice, the director of National Intelligence, and several White House attorneys – directly told the then-president that his claims of voter fraud were false.
The superseding indictment removes mention of federal officials notifying Trump that his claims were false, briefly mentioning Vice President Pence as Trump’s "own running mate."
"The Defendant was on notice that his claims were untrue," the new indictment said. "He was told so by those most invested in his re-election, including his own running mate and his campaign staff."
The indictment originally detailed three instances in December 2020 when officials, including the acting attorney general and chief of staff, told Trump that his claims of fraud in Georgia – including at the Cobb County Civic Center and State Farm Arena – were false. The new indictment omits those details.
The indictment omits some of Trump’s statements from behind White House podiums or referencing the White House.
The superseding indictment surgically removes statements Trump made from within the White House behind official podiums.
In two instances from within the White House, Trump made remarks falsely alleging voter fraud in Michigan.
"In Detroit, there were hours of unexplained delay in delivering many of the votes for counting. The final batch did not arrive until four in the morning and—even though the polls closed at eight o'clock," Trump said in the James S. Brady Press Briefing Room on November 5, 2020.
Unlike other instances in the indictment in which prosecutors clarified were made in Trump’s capacity as a candidate for office, Trump’s remarks made within the White House were struck from the indictment.
The indictment also removed mention of a January 5, 2021, Tweet when Trump told supporters heading to Washington, "We hear you (and love you) from the Oval Office."
Reacting to the indictment, Trump issued a statement saying, "Smith, has brought a ridiculous new Indictment against me, which has all the problems of the old Indictment, and should be dismissed IMMEDIATELY."
He also called it "an attempt to INTERFERE WITH THE ELECTION."
Trump's running mate, Sen. JD Vance, shared Trump's sentiment, telling ABC News, "It looks like Jack Smith doing more of what he does, which is filing these absurd lawsuits in an effort to influence the election."