(Scypre.com) – Special counsel Jack Smith has issued a superseding indictment against former President Donald Trump in the federal election interference case. This new indictment is a revision of the original charges, taking into account the U.S. Supreme Court’s recent ruling on presidential immunity. The revised charges were presented to a new grand jury that had not previously heard evidence in the case.
Last August, Trump pleaded not guilty to federal charges of participating in a “criminal scheme” to overturn the results of the 2020 election. However, in a recent decision, the Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office. The case was remanded to the trial court to determine which charges against Trump could still stand.
In response to the Supreme Court’s ruling, the new indictment no longer includes allegations that Trump used the Department of Justice (DOJ) to conduct “sham” investigations to overturn the election results. This change aligns with the Supreme Court’s opinion that Trump’s actions involving the DOJ fell within his official duties. The original indictment mentioned the DOJ over 30 times, but the new version omits all references to the department.
Another significant change in the superseding indictment is the reframing of the claim that Trump knew his election fraud allegations were false. The original indictment cited multiple federal officials, including the Vice President and members of the DOJ, who informed Trump that his claims were baseless. The new indictment, however, simplifies this by stating, “The Defendant was on notice that his claims were untrue” and that he was told so by individuals “most invested in his re-election, including his own running mate and his campaign staff.”
The indictment also emphasizes that Trump’s actions during the alleged conspiracies were carried out by individuals acting in a private capacity, not as government officials. Furthermore, the indictment clarifies that Trump had “no official responsibilities related to any state’s certification of the election results” and that his actions were taken “not as President but in his capacity as a candidate for office.”
Additionally, the new indictment removes key allegations regarding Trump’s refusal to act as rioters stormed the Capitol on January 6. It no longer includes claims that Trump ignored advisers’ requests to call off the rioters or that he refused to withdraw his objections to the certification of the election despite pleas from his White House counsel.
The superseding indictment is 36 pages long, compared to the original 45-page document. This development follows a recent filing by Smith urging the Eleventh Circuit Court of Appeals to reverse a federal judge’s dismissal of Trump’s classified documents case, which Smith is also overseeing.