Special Counsel Jack Smith has filed a superseding indictment against former President Donald Trump, updating the charges in the federal election interference case to reflect the recent U.S. Supreme Court ruling on executive immunity.
On Tuesday, a federal grand jury in Washington, D.C. returned the new indictment, revising the charges initially laid out in the original case. The updated indictment maintains the same four charges but incorporates changes in line with the Supreme Court’s decision, which granted Trump immunity for official actions taken while in office.
In August 2023, Trump entered a not-guilty plea to allegations of orchestrating a “criminal scheme” to overturn the results of the 2020 presidential election. The Supreme Court’s ruling, which recognized Trump’s immunity for actions performed during his presidency, prompted the adjustment of the charges.
Key Modifications to the Charges
The superseding indictment preserves the original four charges but eliminates specific aspects related to Trump’s alleged misuse of the Department of Justice (DOJ) to conduct “sham” investigations. This adjustment aligns with the Supreme Court’s ruling that such actions fall within Trump’s official duties.
The revised indictment also refrains from mentioning the DOJ, which was a focal point in the original 45-page indictment. Additionally, the updated indictment clarifies Trump’s role as both a candidate and an incumbent president, stating that he had no official responsibilities regarding the certification of state election results.
The new indictment is concise at 36 pages, in contrast to the original’s 45 pages. This superseding indictment follows Special Counsel Smith’s recent appeal to the Eleventh Circuit Court of Appeals, seeking to reverse a federal judge’s surprising dismissal of Trump’s classified documents case.
The legal proceedings continue as the case evolves. The adjustments in the indictment mark a significant shift in the ongoing investigation, reflecting the impact of the Supreme Court’s immunity ruling on the charges against Trump.