Special counsel Jack Smith filed a new indictment Tuesday against Donald Trump over his efforts to undo the 2020 presidential election that keeps the same criminal charges but narrows the allegations against him following a Supreme Court opinion that conferred broad immunity on former presidents.
The new indictment removes a section of the indictment that had accused Trump of trying to use the law enforcement powers of the Justice Department to overturn his election loss, an area of conduct for which the Supreme Court, in a 6-3 opinion last month, said that Trump was absolutely immune from prosecution.
The stripped-down criminal case represents a first effort by prosecutors to comply with a Supreme Court opinion likely to result in a significant revision of the allegations against Trump over his efforts to block the peaceful transfer of power. It was filed three days ahead of a deadline for prosecutors and defense lawyers to tell the judge in the case how they wanted to proceed in light of that opinion, which said former presidents are presumptively immune from prosecution for official White House acts.
The two sides will be back in court for a status hearing next week, the first such appearance in months given that the case had been effectively frozen 추천 since last December as Trump’s immunity appeal worked its way through the justice system.
In a statement on his Truth Social platform, Trump called the new indictment “an act of desperation” and an “effort to resurrect a ‘dead’ Witch Hunt.’” He said the new case has “all the problems of the old Indictment, and should be dismissed IMMEDIATELY. ”
The special counsel’s office said the updated indictment, filed in federal court in Washington, was issued by a grand jury that had not previously heard evidence in the case. It said in a statement that the indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.”
The central revision in the updated criminal case concerns Trump’s dealings with the Justice Department.
The original indictment included allegations that Trump tried to enlist the department in his failed effort to undo his election loss, including by conducting sham investigations and telling states — incorrectly — that significant fraud had been detected.
