Trump faces new indictment in election interference case led by Jack Smith
The special counsel obtained a 36-page indictment on Tuesday, aiming to realign the case following the Supreme Court's immunity ruling.
TroibNews 
A federal grand jury in Washington, D.C. has reindicted Donald Trump on four felony charges related to his efforts to subvert the 2020 presidential election.
The 36-page indictment, secured Tuesday by special counsel Jack Smith, is aimed at streamlining the case in light of the Supreme Court’s recent ruling that grants presidents significant immunity from prosecution regarding their official actions.
While the new indictment removes certain specific allegations, it maintains the same four criminal charges, including conspiracy to defraud the United States. This indicates that Smith believes the Supreme Court’s immunity ruling does not significantly hinder the path to convicting the former president.
“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,” Smith’s team provided in an accompanying court filing.
However, this development is unlikely to change the fact that a trial before the upcoming November election appears impossible. In reality, the new indictment could prolong the case, as defense attorneys typically seek delays following any revisions to criminal allegations.
Both parties have a deadline on Friday to propose next steps to U.S. District Judge Tanya Chutkan, the Biden appointee presiding over the trial. Chutkan has a hearing scheduled for September 5 to establish the case's direction.
Trump has pleaded not guilty to the initial indictment and has often described the prosecution as a partisan attack. After the new indictment was revealed, Trump labeled it “ridiculous” in a post on his social media platform, Truth Social.
“For them to do this immediately after our Supreme Court Victory on Immunity and more, is shocking,” Trump stated.
The new charging document aims to revive a case that had been stalled for several months while the Supreme Court deliberated over Trump’s immunity claims. In a significant 6-3 decision on July 1, the Supreme Court articulated a strong interpretation of presidential immunity, indicating that some of the special counsel's allegations could not move forward, putting other aspects of the case at risk.
The new indictment attempts to leverage the Supreme Court's differentiation between a president’s private actions—subject to criminal charges—and actions derived from official presidential powers, which now possess substantial immunity.
In a deliberate effort to downplay the connection between Trump’s official responsibilities and his attempts to overturn Joe Biden’s victory, the indictment places considerable emphasis on the political and personal motivations behind many of Trump’s activities during the post-election period and on January 6, 2021.
For example, the document highlights that Mike Pence was not only the vice president but also Trump’s “running mate” when Trump pressured him to obstruct the certification of the election results. It notes that Trump's rally at the Ellipse on January 6 was “privately funded” and “privately organized.” Additionally, it points out that Trump frequently utilized his Twitter account for “personal purposes.”
The new indictment also omits references to numerous government officials who had advised Trump that his claims of election fraud and irregularities were untrue, including senior intelligence, Justice Department, homeland security officials, and White House attorneys.
Smith’s original 45-page indictment, released last August, included allegations that Trump aimed to leverage the Justice Department to support an unlawful and fraudulent effort to overturn the election. Many of these details, rendered largely unreachable by the Supreme Court, have been removed from the new, condensed charging document.
The updated indictment does not add any new defendants but removes all mentions of one unnamed alleged co-conspirator from the previous indictment—former Justice Department official Jeffrey Clark.
Clark had a Senate-confirmed role as the head of DOJ’s Environmental and Natural Resources Division and was acting head of the Civil Division at the close of the Trump administration when Trump contemplated a move to install Clark as acting Attorney General in place of Jeffrey Rosen.
Witnesses have indicated in a House investigation that, following the 2020 election, Rosen and other appointees resisted sending letters to local election officials alleging fraud in the presidential results, whereas Clark was prepared to do so. Trump ultimately abandoned this plan after nearly all of the Justice Department’s senior leaders threatened to resign in protest.
In addition to the election subversion case, Smith has also charged Trump in Florida with the mishandling of classified documents and obstructing justice. Judge Aileen Cannon, a Trump appointee, dismissed that case last month, a decision that Smith is currently appealing.
Trump also faces criminal charges in Georgia for his attempts to interfere with the 2020 election results in that state. Additionally, in May, he was convicted in New York for falsifying business records related to a hush money payment to a porn star.
Emily Johnson contributed to this report for TROIB News
The 36-page indictment, secured Tuesday by special counsel Jack Smith, is aimed at streamlining the case in light of the Supreme Court’s recent ruling that grants presidents significant immunity from prosecution regarding their official actions.
While the new indictment removes certain specific allegations, it maintains the same four criminal charges, including conspiracy to defraud the United States. This indicates that Smith believes the Supreme Court’s immunity ruling does not significantly hinder the path to convicting the former president.
“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,” Smith’s team provided in an accompanying court filing.
However, this development is unlikely to change the fact that a trial before the upcoming November election appears impossible. In reality, the new indictment could prolong the case, as defense attorneys typically seek delays following any revisions to criminal allegations.
Both parties have a deadline on Friday to propose next steps to U.S. District Judge Tanya Chutkan, the Biden appointee presiding over the trial. Chutkan has a hearing scheduled for September 5 to establish the case's direction.
Trump has pleaded not guilty to the initial indictment and has often described the prosecution as a partisan attack. After the new indictment was revealed, Trump labeled it “ridiculous” in a post on his social media platform, Truth Social.
“For them to do this immediately after our Supreme Court Victory on Immunity and more, is shocking,” Trump stated.
The new charging document aims to revive a case that had been stalled for several months while the Supreme Court deliberated over Trump’s immunity claims. In a significant 6-3 decision on July 1, the Supreme Court articulated a strong interpretation of presidential immunity, indicating that some of the special counsel's allegations could not move forward, putting other aspects of the case at risk.
The new indictment attempts to leverage the Supreme Court's differentiation between a president’s private actions—subject to criminal charges—and actions derived from official presidential powers, which now possess substantial immunity.
In a deliberate effort to downplay the connection between Trump’s official responsibilities and his attempts to overturn Joe Biden’s victory, the indictment places considerable emphasis on the political and personal motivations behind many of Trump’s activities during the post-election period and on January 6, 2021.
For example, the document highlights that Mike Pence was not only the vice president but also Trump’s “running mate” when Trump pressured him to obstruct the certification of the election results. It notes that Trump's rally at the Ellipse on January 6 was “privately funded” and “privately organized.” Additionally, it points out that Trump frequently utilized his Twitter account for “personal purposes.”
The new indictment also omits references to numerous government officials who had advised Trump that his claims of election fraud and irregularities were untrue, including senior intelligence, Justice Department, homeland security officials, and White House attorneys.
Smith’s original 45-page indictment, released last August, included allegations that Trump aimed to leverage the Justice Department to support an unlawful and fraudulent effort to overturn the election. Many of these details, rendered largely unreachable by the Supreme Court, have been removed from the new, condensed charging document.
The updated indictment does not add any new defendants but removes all mentions of one unnamed alleged co-conspirator from the previous indictment—former Justice Department official Jeffrey Clark.
Clark had a Senate-confirmed role as the head of DOJ’s Environmental and Natural Resources Division and was acting head of the Civil Division at the close of the Trump administration when Trump contemplated a move to install Clark as acting Attorney General in place of Jeffrey Rosen.
Witnesses have indicated in a House investigation that, following the 2020 election, Rosen and other appointees resisted sending letters to local election officials alleging fraud in the presidential results, whereas Clark was prepared to do so. Trump ultimately abandoned this plan after nearly all of the Justice Department’s senior leaders threatened to resign in protest.
In addition to the election subversion case, Smith has also charged Trump in Florida with the mishandling of classified documents and obstructing justice. Judge Aileen Cannon, a Trump appointee, dismissed that case last month, a decision that Smith is currently appealing.
Trump also faces criminal charges in Georgia for his attempts to interfere with the 2020 election results in that state. Additionally, in May, he was convicted in New York for falsifying business records related to a hush money payment to a porn star.
Emily Johnson contributed to this report for TROIB News
