Special counsel Jack Smith has filed a new indictment against Donald Trump regarding his attempts to overturn the 2020 presidential election. This updated indictment retains the same criminal charges but refines the allegations after a Supreme Court ruling granting broad immunity to former presidents.
The revised indictment excludes allegations that Trump attempted to leverage the Justice Department’s law enforcement powers to reverse his election defeat, as the Supreme Court found in a recent 6-3 decision that such actions fall under absolute immunity. This adjustment aims to align with the high court’s findings, which suggest that Trump, now the Republican presidential nominee, is unlikely to face a trial prior to the upcoming elections concerning charges related to undermining the peaceful transfer of power.
Prosecutors and Trump’s legal team are expected to discuss how to proceed next week in front of U.S. District Judge Tanya Chutkan, following the Supreme Court’s instructions. Judge Chutkan will need to determine which actions outlined in the indictment are unofficial and can result in prosecution.
In a statement on his Truth Social platform, Trump criticized the new indictment, alleging it is a desperate tactic and saying it suffers from the same issues as the original, demanding its immediate dismissal.
The updated indictment was filed in federal court in Washington and was presented by a new grand jury. The indictment aims to reflect the government’s awareness and adherence to the Supreme Court’s recent ruling.
Notably, the revised indictment omits references to alleged official acts where Trump could claim immunity, such as involving the Justice Department in his unsuccessful attempts to challenge his election loss. The original indictment mentioned how Jeffrey Clark, a senior Justice Department official, sought to send misleading letters regarding the election’s integrity, actions that were rebuffed by his superiors.
The latest indictment does not name Clark as a co-conspirator and clarifies that all other alleged conspirators were acting in a private capacity, rather than as government officials.
Key elements from the previous indictment, such as Trump’s alleged pressure on Vice President Mike Pence to reject legitimate electoral votes and the attempted manipulation of electors from battleground states, remain in the new indictment.
The Supreme Court’s majority opinion, authored by Chief Justice Roberts, stated that Trump’s interactions with Pence were official conduct, suggesting Trump is presumed immune from prosecution in this context. However, the dissenting opinion from Justice Ketanji Brown Jackson raised concerns about the implications of granting immunity to certain individuals under specific circumstances, contrasting it with a justice system that typically treats all individuals equally.