On Tuesday, Special Counsel Jack Smith filed a revised indictment in the election interference case against former President Donald Trump, which alters the initial allegations in response to the Supreme Court’s recent immunity ruling.
While the core of the case remains unchanged with the four original charges intact, the revised indictment refines the scope of the accusations. Notably, it excludes certain claims, such as those involving attempts to use the Justice Department to support Trump’s false election fraud allegations.
The special counsel’s office noted that the new indictment, presented to a new grand jury, reflects compliance with the Supreme Court’s rulings and instructions from the Trump v. United States decision.
Sources close to Trump’s defense had expected this revision following the Supreme Court ruling. A hearing in Judge Tanya Chutkan’s courtroom is scheduled for next Thursday, though the timing of the superseding indictment was unexpected.
The updated indictment now emphasizes that Trump’s post-election transition actions did not fall under his official presidential duties, aligning with the Supreme Court’s decision, which granted immunity for actions within the scope of official powers.
Additionally, the new indictment clarifies that a lawsuit challenging the results in Georgia—narrowly lost by Trump—was “filed in his capacity as a candidate for President,” rather than “filed in his name” as previously stated.
Smith’s team also highlighted that then-Vice President Mike Pence was acting in a “ceremonial role” as President of the Senate during the Electoral College certification on January 6, 2021. This distinction is crucial, as prosecutors argue that Trump’s pressure on Pence was beyond the scope of his official duties.
The revised indictment also removes references to Co-Conspirator 4, identified as then-Justice Department official Jeffrey Clark, who allegedly sought to leverage his position to aid Trump in overturning the 2020 election results.
Trump has pleaded not guilty to the charges against him.
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