Special Counsel Jack Smith Revises Indictment in Trump Election Interference Case
On Tuesday, Special Counsel Jack Smith filed a revised indictment in the election interference case against former President Donald Trump. This modification responds to the Supreme Court’s recent immunity ruling, altering the initial allegations.
Although the case’s core remains with the original four charges intact, the revised indictment narrows the accusations’ scope. Significantly, it removes claims involving attempts to use the Justice Department to support Trump’s false claims of election fraud.
The special counsel’s office stated that the new indictment, submitted to a new grand jury, complies with the Supreme Court’s rulings and instructions from the Trump v. United States decision.
Sources close to Trump’s defense had anticipated this revision following the Supreme Court ruling. A hearing in Judge Tanya Chutkan’s courtroom has been scheduled for next Thursday, although the timing of the superseding indictment took many by surprise.
The updated indictment now emphasizes that Trump’s actions during the post-election transition did not fall under his official presidential duties. This aligns with the Supreme Court’s decision granting immunity for actions within the scope of official powers.
Additionally, the new indictment clarifies that a lawsuit challenging the election results in Georgia—narrowly lost by Trump—was “filed in his capacity as a candidate for President,” rather than “filed in his name” as previously mentioned.
Smith’s team further pointed out that then-Vice President Mike Pence was acting in a “ceremonial role” as President of the Senate during the Electoral College certification on January 6, 2021. This distinction is crucial, as prosecutors argue that Trump’s pressure on Pence was beyond the scope of his official duties.
The revised indictment also omits references to Co-Conspirator 4, identified as then-Justice Department official Jeffrey Clark. Clark allegedly sought to use his position to assist Trump in overturning the 2020 election results.
Trump has pleaded not guilty to the charges against him.
