The Justice Department has announced a new grand jury indictment in the federal election interference case involving Donald Trump. This development follows a recent Supreme Court ruling that granted the former president significant immunity from prosecution. NPR justice correspondent Carrie Johnson has reported on this case and others.
The new indictment maintains the same core criminal charges as before, which include conspiracy to defraud the United States, depriving millions of voters of their rights, and obstruction of an official proceeding. However, some specific allegations have changed due to the Supreme Court’s recent landmark decision that offers future presidents more latitude in utilizing their official powers.
Special counsel Jack Smith indicated in court documents that this latest indictment intends to align with the principles established by the Supreme Court ruling. A notable change is the removal of allegations against Trump regarding the misuse of the Justice Department to promote false claims of election fraud. Additionally, the involvement of former Trump official Jeffrey Clark, who was previously listed as coconspirator No. 4, has been eliminated. The remaining coconspirators are individuals who were not part of the Trump administration and were acting in a private capacity.
Another change in the new charges sets forth instances when prosecutors believe Trump was acting as a political candidate rather than as the sitting president. This distinction aligns with the Supreme Court’s ruling, which provides broad protections for presidential actions, but not for actions taken as a candidate or for personal gain.
Trump has pleaded not guilty to these charges. Moving forward, prosecutors do not plan to require Trump to appear in person for arraignment on the new charges. They had already set a deadline for Friday to update the trial judge regarding subsequent steps in the case, and more details may emerge by the end of the week.
It is unlikely that Trump would face trial before the upcoming election. Should he win, he could instruct the Justice Department to dismiss the case, while a loss might result in intensified legal battles. Former prosecutors had anticipated the possibility of new charges and additional defendants, which has yet to occur but remains a possibility for the next year.