The Justice Department has issued a new grand jury indictment in the federal election interference case against Donald Trump. This development follows a Supreme Court ruling that granted the former president significant immunity from prosecution. NPR justice correspondent Carrie Johnson, who has been tracking this case, provided insights into the situation.
The new indictment retains the original charges, which include conspiracy to defraud the United States, obstruction of an official proceeding, and depriving millions of voters their rights related to the 2020 election. However, some specific allegations have changed, reflecting the recent Supreme Court decision that affords presidents considerable power to utilize their official capacities.
Special Counsel Jack Smith indicated in court documents that the new indictment aims to adhere to the Supreme Court’s recent rulings. One major change is the removal of allegations involving Trump misusing the Justice Department to advance false claims of election fraud. The indictment no longer includes Jeffrey Clark, a former Trump official previously named as a coconspirator. From now on, all identified coconspirators are individuals outside of Trump’s administration who acted in a private capacity.
Another adjustment in the new charges specifies when Trump was acting as a candidate rather than as president, aligning with the Supreme Court’s perspective on presidential immunity.
Trump has already pleaded not guilty to these charges. Looking ahead, an arraignment is typically expected, but prosecutors have stated that Trump will not be required to appear in person. By the end of the week, further details are anticipated regarding the next steps in the case. It is unlikely that Trump will face trial before the upcoming election. If he wins, he could instruct the DOJ to dismiss the case, but if he loses, the legal situation could escalate. Some legal analysts had anticipated new charges and additional defendants, which have not yet materialized but may occur in the future.