Special Counsel Jack Smith has filed a superseding indictment against former President Donald Trump in a case related to alleged attempts to subvert the 2020 election. The new indictment retains the original charges but modifies some elements in response to a Supreme Court ruling on presidential immunity.
The indictment was presented to a second grand jury, which, like the first, concluded that charges against Trump were warranted. The changes in the indictment reflect the Supreme Court’s ruling that Trump and other former executives retain broad immunity for core actions taken while in office and are presumptively immune for other actions taken during their tenure.
According to The Hill, the new indictment removes former Justice Department attorney Jeffrey Clark as an unnamed, unindicted co-conspirator. The filing also adjusts the date that prosecutors argue Trump’s conspiracy to remain in office began to November 13, 2020.
CNN reports that the revised indictment aims to highlight conduct by Trump that falls outside his official powers, in line with the Supreme Court ruling. The indictment alleges that Trump had no official responsibilities related to the certification of the Electoral College results on January 6, 2021, but had a personal interest as a candidate in being named the winner of the election.
The indictment comes as Trump is a nominee for the 2024 presidential election. If he wins, he could potentially end federal proceedings against him. Trump has pleaded not guilty to the charges against him. The case is set to be heard by U.S. District Judge Tanya Chutkan next Thursday.
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