The new indictment adjusts the charges to the Supreme Court’s immunity ruling.
ByAlexander Mallin, Katherine Faulders, and Peter Charalambous
Special counsel Jack Smith has charged former President Donald Trump in a superseding indictment in his federal election interference case that charges him with the same offenses in the original indictment, but is adjusted to the Supreme Court’s recent presidential immunity ruling.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions,” a Justice Department spokesperson said Tuesday.
Trump last August pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election to remain in power. Last month, in a blockbuster decision, the U.S. Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office, and sent the case back to the trial court to sort out which charges against him can stand.
In a separate filing Tuesday, the special counsel said he does not oppose waiving Trump’s appearance for an arraignment on the superseding indictment.
While the original indictment laid out five ways Trump allegedly obstructed the function of the federal government — having state election officials change electoral votes, arranging fraudulent slates of electors, using the Department of Justice to conduct “sham” investigations, enlisting the Vice President to obstruct the certification of the election, and exploiting the chaos of the Jan. 6 riot — the new indictment removes mention of his use of the Department of Justice, which was explicitly mentioned in the Supreme Court’s ruling as falling within his official duties.
While the original indictment mentions the Justice Department on over 30 occasions, the new indictment makes no mention of the DOJ.
It also reframes the portion of the original indictment outlining that Trump allegedly knew his claims of election fraud were false. (snip)
In multiple places, Smith’s new indictment adds clarifying language to state when he believes Trump was clearly acting outside of his official duties, saying, for instance, that Trump “had no official responsibilities related to any state’s certification of the election results” and highlighting when Trump was allegedly acting “not as President but in his capacity as a candidate for office.”
The superseding indictment also removes key allegations about Trump’s refusal to act as rioters stormed the Capitol.
The new indictment no longer includes allegations that Trump refused advisers’ requests to send a message calling off rioters and that Trump later refused to withdraw his objections to the certification despite the plea of his White House counsel.
The new indictment is 36 pages, while the original indictment was 45.
It comes just days after Smith, in a filing, urged the Eleventh Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of Trump’s classified documents case, which Smith is also overseeing.
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