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Donald Trump’s latest federal indictment is not the lengthiest of the charging documents that has come his way so far, but it may well be the most profound. That was the reaction of legal analysts and journalists this week after Jack Smith delivered the Department of Justice’s initial charges against Mr Trump for his efforts to overturn the 2020 election, with much of his conduct in the weeks leading up to and during the January 6 attack going unaddressed in the indictment. All in all, the twice-impeached ex-president is charged with four crimes related to the election-meddling efforts, including conspiracy to deprive Americans of their rights — a law passed as part of anti-Ku Klux Klan legislation. What was absent from the document was a charge that many expected to see after the conclusion of the House of Representatives’ select committee investigation into the attack: A count of giving aid or comfort to an insurrection. There was no mention of that charge, or the related accusation of seditious conspiracy, which has been leveled against members of the Oathkeepers and Proud Boys. There was also no mention of charges for Mr Trump’s long list of allies, some of whom spread conspiracy theories about the election, and other enablers who either knowingly or unknowingly pushed complete and utter falsehoods on a wide range of issues for months after their boss lost the presidential election. Notably, a number (like ex-legal counsel Rudy Giuliani) are referred to as co-conspirators, and specifically not described as “unindicted”. But the initial document charged Mr Trump and Mr Trump alone, with the entirety of its focus being on the actions of the man at the head of the table. A former deputy assistant attorney general and federal prosecutor who analysed the indictment in an interview with The Independent said that decision was likely deliberate, to ensure that the focus of the case remained on Mr Trump’s efforts and potentially to streamline the path to trial. “Each new defendant brings a possible doubling, if not more, of potential causes for delays,” Harry Litman explained. “It's a very considered, strategic decision to bring an indictment only against Trump. And you and I know, those people are by no means out of the woods.” Bringing an indictment against the former president, he added, was the DoJ’s way of cutting as much of the potential delays away as possible in the hopes of getting the ex-president to trial before the 2024 election has concluded. “It maximises the possibility of it happening quickly,” said Mr Litman. “Whereas before yesterday, it seemed doubtful, at least very tenuous, that there would be a federal trial before the election. But I think it now seems likely.” The exclusion of (arguably) more serious charges like seditious conspiracy and giving comfort to a rebellion, he posited , was a decision made for a similar reason. By focusing on Mr Trump’s efforts to change the results and not his words themselves, Mr Litman explained, Mr Smith’s team was “attack[ing] around” any First Amendment-related defences the former president’s legal team would raise against those charges. Mr Trump has denied guilt in all the instances where he is accused of taking illegal measures to remain in the White House, and continues to insist to this day that he is the rightful winner of the 2020 election. Vast swaths of his loyal fanbase believe the same. The former president continues to await a decision by prosecutors in Georgia related to his efforts to change the election results in that state as well; Fulton County officials have said that a decision on that matter is coming later this month. Read More Trump lawyer hints at a First Amendment defense in the Jan. 6 case. Some legal experts are dubious When is Donald Trump’s arraignment? Watch view of Capitol Hill after police say no active shooter found at Senate office after lockdown GOP senators who condemned Trump on Jan 6 but voted against impeachment remain silent on indictment Prosecutors may be aiming for quick Trump trial by not naming alleged conspirators, experts say Rudy Giuliani’s accuser reveals tapes detailing alleged sexually vulgar remarks

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Donald Trump supporters and right-wing media outlets are incorrectly claiming that the federal government is seeking the death penalty as part of its four-count indictment against the former president for allegedly seeking to overturn the 2020 election. After the charges were announced on Tuesday, the claims quickly spread across conservative corners of the Internet. Mr Trump’s Truth Social platform sent users an alert that read “New charges against Trump carry DEATH PENALTY,” while conservative influencer Dinesh D’Souza claimed on X the alleged death sentence “proves how scared they are of Trump!” One MAGA Internet personality wrote on social media, “This is how you start a war.” A spokesperson for the special counsel’s office told The Independent these claims are “not accurate.” “The indictment does not contain the special findings required,” the DoJ official said. The misinterpretation stems from one of the federal statutes that prosecutors are accusing Mr Trump of violating, Section 241 of Title 18 of US Code. As The Independent has reported, the law is part of a landmark set of provisions passed in the brutal aftermath of the Civil War to prosecute those who sought to deprive the civil rights of newly enfranchised Black Americans. The punishment for violating this section, according to the Department of Justice, is a felony and up to 10 years in prison. That penalty can be extended to life in prison or death if the government “proves an aggravating factor (such as that the offense involved kidnapping, aggravated sexual abuse, or resulted in death)”, per the DoJ. Five people, a mix of police officers and rioters, did die during the January 6 insurrection, but, as The Washington Post noted, nowhere in the lengthy indictment against Mr Trump are prosecutors arguing the former president is responsible for any such aggravating circumstances. (Police officer Michael Byrd, who shot January 6 rioter Ashli Babbitt, was cleared of wrongdoing by the DoJ and the Capitol police in April of 2021, and two of the men who attacked Brian Sicknick, a Washington police officer who died during the insurrection, have been sentenced to prison.) Rather, the DoJ is alleging that Mr Trump and his associates knew he lost the election, but launched a multi-part conspiracy to hold onto power anyway, a scheme that included spreading false claims, attempting to send false slates of electors to Washington, and pressuring officials to meddle with the election certification process. The scheme was largely focused on a handful of counties in Georgia, Pennsylvania, Arizona, and Wisconsin, all of which have large communities of Black and Latino voters, who tend to vote for Democrats. “The attack on our nation’s capitol on January 6, 2021, was an unprecedented assault on the seat of American democracy,” special counsel Jack Smith said Tuesday in a press conference describing the indictment. “As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the US government – the nation’s process of collecting, counting and certifying the results of the presidential election.” As Sean Morales-Doyle, director of the voting rights and elections programme at the Brennan Center for Justice at the NYU School of Law, told The Independent, the civil rights statute in question has been used to prosecute officials for attempting to alter election results in the past. He pointed to the example of the 1915 case US v Mosley, where Oklahoma officials were punished for trying to exclude votes from a final tally. “If you read that case, you’d never be able to tell that it’s about race. And there’s not a word about race mentioned, but that’s really the story underlying it,” Mr Morales-Doyle told The Independent. “And that’s really, throughout our nation’s history, the battle over our democracy. The battle over the right to vote has not always but pretty consistently also been a fight that has race at its heart,” he added. “And that’s true now still, and I think it is an overlooked thread underlying much of the story about Trump’s attempt to overturn the 2020 election.” Prosecutors may not be arguing Mr Trump caused conduct worthy of the death penalty, but the former president’s sentencing still will be a delicate issue. "Possible jail time for Donald Trump if he’s convicted of one, some, or all the criminal cases is a fascinating but speculative business," former federal prosecutor Michael McAuliffe told Newsweek. "As for the federal cases charging Trump with crimes, the sentencing guidelines – which assign numerical values to various factors to create a range for a presumptive sentence – will prove inadequate." In regards to Mr Trump, both "the crimes and the defendant are singular.” Alex Woodward contributed reporting to this story. Read More Trump’s election fraud claims were always bogus. Will his history of lies finally catch up to him? Why Trump is charged under a civil rights law used to prosecute KKK terror Donald Trump due in court charged with ‘conspiracy to defraud United States’ Federal funds will pay to send Iowa troops to the US-Mexico border, governor says Prosecutors may be aiming for quick Trump trial by not naming alleged conspirators, experts say Watch view of Capitol Hill after police say no active shooter found

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