Special Counsel Jack Smith has updated the indictment against former President Donald Trump, providing charges that assert Trump conspired to overturn the outcome of the 2020 election. This revision comes in the wake of a divided Supreme Court ruling that concluded former presidents have broad immunity from prosecution for actions performed while in office.
On July 1, the Court ruled 6-3 in Trump v. United States, stating that actions taken related to the core powers of the presidency cannot lead to prosecution, and suggesting that former presidents are also generally immune from prosecution for other official acts.
The newly released 36-page indictment addresses the Court’s ruling, maintaining four charges against Trump for violations of federal law: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempt to obstruct an official proceeding, and conspiracy against rights.
The Court decision clarified that Trump could not be charged for trying to use the Department of Justice to pressure state officials into replacing legitimate electoral votes with fraudulent ones. Consequently, the new indictment has eliminated those specific allegations that were present in the original 45-page indictment filed on August 1, 2023.
However, the Court left it to lower courts to assess whether other actions specified in the indictment fell outside of Trump’s official responsibilities. The revised indictment underscores conduct that prosecutors argue was outside those official duties, emphasizing Trump’s lack of responsibilities concerning the certification of election results and the convening of electors.
Trump’s current trial in Washington was initially set for March 4, 2024, but has been postponed due to his appeal against rulings denying his immunity claims. A new date for the trial has not been established, but it is unlikely to commence before the November elections.