Prosecutors have issued a superseding indictment in the federal case against Donald Trump, the Republican presidential nominee, following a Supreme Court decision that granted the former president significant immunity, according to new court documents.
The indictment was presented to a new grand jury, which had not heard evidence related to this case previously. The documents indicate that this new indictment is an attempt by the government to align with the Supreme Court’s directives.
In a recent filing, prosecutor Molly Gaston mentioned that the Justice Department will not require Trump to appear in person for the arraignment regarding the new indictment. The department plans to consult with Trump’s legal team to devise a joint approach for the case, as Judge Tanya Chutkan requested an update by Friday.
Special counsel Jack Smith has been in discussions with other officials at the Justice Department for weeks about the allegations against Trump, which include leading a conspiracy to overturn the results of the 2020 presidential election and disenfranchising millions of voters. This alleged scheme reportedly led to violent confrontations with law enforcement at the U.S. Capitol three years ago.
Trump has consistently denied the charges, with his legal representatives asserting that his actions and statements leading up to January 6, 2021, were legitimate inquiries into potential election fraud. A conservative majority on the Supreme Court supported Trump, granting him immunity from legal action for activities that were deemed central to his official responsibilities.
On Truth Social, Trump referred to the superseding indictment as an effort to revive a “dead” witch hunt and argued that the new indictment should be dismissed.
The Supreme Court ruling, authored by Chief Justice John Roberts, specifically addressed allegations that Trump had misused the Justice Department to promote false fraud theories. However, it left many crucial aspects of the case unresolved for a D.C. trial judge to explore.
Chutkan has requested advice from both Smith’s and Trump’s legal teams on how to move forward.
There is little hope for the case to go to trial before the upcoming Election Day in November. If Trump is successful in his defense, he could potentially instruct his Justice Department appointees to dismiss the case next year.