In an effort to salvage his indictment against former President Donald Trump, special counsel Jack Smith filed a new, narrower indictment Tuesday that takes into account the Supreme Court’s new ruling granting former Presidents broad immunity protection from criminal prosecution.
Charges Against Trump
The new indictment covers much of the same ground as before, charging Trump for alleged efforts to undermine the 2020 election results.
Narrowed Allegations
However, the indictment’s allegations are narrowed to only actions and instances that do not trigger the Presidential immunity protections afforded by the U.S. Constitution.
Exclusion of DOJ Accusation
Specifically, Smith’s new filing excludes the accusation that Trump tried to use the Department of Justice’s law enforcement capabilities to overturn the election results.
Supreme Court’s Immunity Ruling
In particular, the U.S. Supreme Court ruled in July that Trump was immune from prosecution because the action was undertaken during his official duties as President.
Original Charges Maintained
The new indictment includes one of the original charges, alleging that Trump was a participant in efforts to enlist fake electors who would agree to attest that Trump won in certain swing states won by President Biden.
Allegation of Pressure on Pence
It also maintains an original allegation that Trump attempted to pressure Vice President Mike Pence to reject the electoral vote count as illegitimate.
Exploitation of January 6 Riot
Finally, the new filing maintains the claim that Trump took advantage of the chaos during the January 6 riot at the Capitol to delay further the certification of electoral results declaring Biden the victor.
Impact of the Supreme Court Decision
The more limited indictment filed Tuesday is the first official response following the Supreme Court decision that pulled the rug out from under the special counsel’s prosecution of Trump following the 2020 election. The court’s 6-3 decision will ultimately result in a much lower-profile outcome for the former President.
Timing of the New Filing
Smith’s filing comes three days before prosecutors declare how they want to proceed legally after the significant Supreme Court ruling.
Upcoming Court Hearing
Next week, the former President’s defense team will meet in court with Smith’s legal team for a hearing, marking the first action in the case in months.
Case Status
The last hearing on the special counsel’s report and indictment occurred in December 2023, and the case has been on hold, pending appeal throughout the legal system.
Trump’s Response
Responding to the reworked indictment, Trump posted on Truth Social, calling the new filing “an act of desperation” and “an effort to resurrect a ‘dead’ witch hunt.” He said the new indictment, “has all the problems of the old indictment, and should be dismissed IMMEDIATELY.”
Government’s Response
The special counsel’s office released a statement, saying the new indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.”
