Despite the Supreme Court’s recent decision to grant former President Donald Trump presidential immunity for official acts, a federal grand jury has served him a new indictment on four charges related to his efforts to overturn the 2020 presidential election results.
The indictment mirrors the initial charges against Trump in the election subversion case, accusing him of conspiring to defraud the U.S., conspiring to obstruct an official proceeding, obstructing and attempting to obstruct an official proceeding, and conspiring against rights.
The Supreme Court’s ruling granted Trump immunity for actions taken as part of his official duties as president. However, the ruling left room for charges related to acts that fall outside the scope of the presidency. This distinction is emphasized in the language of the superseding indictment, which is nine pages shorter than the original, according to reports by National Review.
In light of the Supreme Court’s decision, the new indictment has been carefully revised to exclude aspects that could be considered official acts, such as Trump’s interactions with Justice Department and cabinet officials regarding his false claims that the 2020 election was rigged. These details, which were present in the original indictment, have been removed after the court noted that Trump’s conversations with Justice Department officials fall under presidential immunity.
Special counsel Jack Smith, who is prosecuting the case in Washington, D.C., has made it clear that he intends to expedite Trump’s trial on the election-interference charges. Smith’s urgency is evident, as he aims to bring Trump to trial as quickly as possible, despite the delays caused by Trump’s legal appeals.
Trump had previously pleaded not guilty to the Washington, D.C. charges and appealed them to the Supreme Court, arguing for presidential immunity. This appeal temporarily halted Smith’s efforts to bring the case to trial. However, with the Supreme Court’s ruling in place, the case is moving forward with the revised indictment.
The new indictment further distinguishes Trump’s actions, specifically pointing to his use of Twitter for “personal purposes” and his involvement in the “privately-funded, privately-organized” rally on January 6, 2021, which escalated into a riot at the Capitol. The indictment also highlights Trump’s alleged conspiracy with unnamed co-conspirators to challenge the election results through legal and political means. It asserts that at the time, Trump was a presidential candidate and had no control over the certification of state election results.
As the 2024 GOP presidential nominee, Trump has frequently accused Smith of pursuing politically motivated prosecutions against him. Meanwhile, Smith is also appealing Judge Aileen Cannon’s dismissal of the classified-documents case against Trump. Cannon had ruled that Smith’s appointment as special counsel was unconstitutional, a point raised by Justice Clarence Thomas in his concurring opinion on Trump’s presidential immunity case.
