WASHINGTON — Special counsel Jack Smith filed a superseding indictment on Tuesday in the election interference case against former President Donald Trump, slimming down the allegations against the 2024 presidential nominee in light of the Supreme Court’s immunity ruling.
Prosecutors have not dropped any of the four charges that they initially brought against the former president. However, the newly retooled indictment has carved out some of Trump’s alleged conduct, including allegations about the attempts to use the Justice Department to promote his false claims of election fraud.
It also adjusts how prosecutors describe the allegations they are continuing to bring about Trump’s election subversion schemes.
“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 in Trump v. United States,” the special counsel’s office said.
Private vs. official duties
In the reworked indictment, prosecutors argue several times that Trump didn’t have any constitutionally assigned presidential duties regarding the post-election transition of power.
They did this to highlight how the new indictment comports with the Supreme Court ruling, which granted immunity for some of Trump’s conduct that falls within his official powers.
In one instance, prosecutors pointed to the Electoral College certification proceedings that took place during a joint session of Congress on January 6, 2021. Part of the criminal charges accuse Trump of illegally obstructing the certification proceeding.
“The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election,” the superseding indictment says, in a new line that wasn’t in the original indictment.
Another example is about a lawsuit that Trump’s campaign filed regarding the results in Georgia, which he narrowly lost. The old indictment said the lawsuit was “filed in his name,” but the new indictment says it was “filed in his capacity as a candidate for President.”
Trump has pleaded not guilty to the charges against him.
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