Elizabeth Moore, VP of PR and Communications at Breitbart, told Reuters, “We never indicated that the DOJ is seeking or will seek the death penalty. “The Eighth Amendment rules out the death penalty unless the defendant intended or had a high degree of culpability with respect to the death of the victim. “Nor does it plead any of the aggravating factors -- from a list in the federal death penalty statute --that need to be specified. When seeking the death penalty, the indictment must include special findings as detailed in the DOJ’s Justice Manual (here). Donald Trump is not facing the death penalty in the federal indictment brought by Special Counsel Jack Smith on overturning the 2020 election.

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Persons: Donald Trump, Trump, Jack Smith, Fani Willis, “, Breitbart, Smith, Jack Smith’s, Elizabeth Moore, ” Moore, Joel Pollak, ” Daniel Richman, Paul J, Kellner, ”, Jack Beermann, Philip S, Beck, Peter Carr, Read Organizations: U.S, U.S . Department of Justice, U.S . Capitol, TRUMP, “ TRUMP, “ Trump, Communications, Breitbart, Reuters, DOJ, Trump, U.S ., Capitol, USC, Columbia Law School, Justice Department, Boston University School of Law Locations: Washington, Georgia, Fulton County, GEORGIA, Prison, U.S