Special Counsel Jack Smith from the US Department of Justice has issued a superseding indictment against former President Donald Trump, focusing on his alleged attempts to interfere in the 2020 election after his loss to Joe Biden. This updated indictment adjusts the charges against Trump in light of a recent US Supreme Court ruling, which provides presidents with immunity from prosecution for certain actions taken while in office.
The revised indictment still includes four criminal charges against Trump but modifies some descriptions of his alleged actions. Trump has denied the accusations of election interference and continues to claim—without evidence—that there was widespread voter fraud in the 2020 election.
The indictment maintains the charges of conspiracy to defraud the US, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights. Trump has pleaded not guilty to all charges.
Trump’s personal lawyer, Todd Blanche, directed inquiries to the Trump campaign, which did not respond. Trump himself commented on Truth Social, calling the new indictment "an effort to resurrect a 'dead' Witch Hunt" and a distraction from the upcoming election. He demanded that the indictment be "dismissed IMMEDIATELY."
A source close to Trump's legal team told CBS News that the new indictment was expected and that it was a standard response to the Supreme Court's ruling. The source reiterated the belief that Smith’s case is flawed and should be dismissed.
The new indictment, reduced from 45 to 36 pages, refines the language of the allegations to align with the Supreme Court's decision on presidential immunity. For example, the claim that Trump pressured Justice Department officials to overturn his election loss has been removed, following the court's ruling that such directives were not illegal.
In a statement, the special counsel’s office explained that the superseding indictment was presented to a new grand jury that had not previously heard evidence in the case. The office stated that the revised indictment reflects efforts to adhere to the Supreme Court's ruling and instructions in the Trump v. United States case.
The new document argues that Trump acted as a private citizen, not as president, when he allegedly attempted to influence the election outcome. It also alters the description of a lawsuit filed by Trump’s campaign in Georgia, emphasizing that it was filed in his capacity as a candidate rather than as president.
The updated indictment also appears to remove charges against Jeffrey Clark, a former Justice Department official linked to the so-called fake electors scheme. This scheme involved attempts to manipulate the Electoral College process by persuading Republican-controlled state legislatures in seven states to appoint Republican electors or withhold electors in states that Biden won. These falsified certificates were then sent to the US Senate in an effort to overturn Biden’s victory.
Despite these changes, the indictment retains key allegations, such as Trump’s attempt to persuade Vice President Mike Pence to obstruct Biden’s election certification. In a Supreme Court ruling last month, Chief Justice John Roberts noted that conversations between Trump and Pence might be considered official acts, making Trump "presumptively immune from prosecution."
The special counsel, Jack Smith, seems to interpret the Supreme Court ruling as allowing the case to proceed, although it is unclear whether it will satisfy the Court’s framework for presidential immunity. According to Daniel Charles Richman, a constitutional law expert at Columbia Law School, the Supreme Court was vague about what private conduct by a president can be charged criminally.
The new indictment is not expected to expedite the case, and it is unlikely to be heard before the election. A source close to Trump's legal team suggested that his lawyers would request more time to prepare, which could delay the trial's start if the judge agrees.
This case is one of two federal investigations overseen by Smith after being appointed by Attorney General Merrick Garland in 2022. The other case involves allegations that Trump took classified documents to his Florida residence after leaving office. Smith’s team recently appealed a Florida judge's decision to dismiss the confidential documents case, arguing that the district court had deviated from Supreme Court precedent and misunderstood the statutes authorizing the special counsel’s appointment.
The outcomes of both cases remain uncertain following the Supreme Court’s recent landmark decision. If Trump wins the upcoming election against Democrat Kamala Harris, he is expected to order the Justice Department to drop all federal charges against him.
