Special Counsel Updates Indictment Against Trump Following Supreme Court Decision
The U.S. Department of Justice’s Special Counsel, Jack Smith, has filed a revised indictment against former President Donald Trump, focusing on his alleged efforts to disrupt the 2020 presidential election results after losing to Joe Biden. This updated indictment comes in response to a recent ruling by the U.S. Supreme Court, which affirmed that sitting presidents are protected from legal action for specific actions taken while in office.
While the new indictment still lists four criminal charges against Trump, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights, it has been streamlined. Certain descriptions of Trump’s conduct have been removed to align more closely with the Supreme Court’s ruling on presidential immunity.
Trump has consistently denied the allegations of election interference, insisting without evidence that there was widespread voter fraud in the 2020 election. In response to the revised indictment, Trump criticized it on Truth Social, calling it an attempt to continue a “dead Witch Hunt” and a strategy to “distract the American People” from the election. He demanded that the charges be dismissed immediately.
A source close to Trump’s legal team revealed to CBS News that the updated indictment was expected and viewed it as a procedural step following the Supreme Court’s decision. The source argued that the changes do not alter their stance that Smith’s case is flawed and should be dismissed.
The newly filed indictment, now 36 pages compared to the original 45, refines its language and legal arguments to comply with the Supreme Court’s directives on presidential immunity. For instance, it removes claims that Trump tried to pressure Justice Department officials to overturn his election loss, as the court ruled such actions were within the bounds of presidential authority and not illegal.
The Special Counsel’s office clarified the rationale behind the new indictment, stating it reflects efforts to adhere to the Supreme Court’s guidance and instructions from the Trump v. United States case. The revised document asserts that Trump acted as a private citizen with personal interests, rather than in his official capacity as president, when attempting to influence the election outcome.
Additionally, the new indictment omits references to Jeffrey Clark, a former Justice Department official involved in the alleged “fake electors” scheme. This plot aimed to disrupt the Electoral College by encouraging Republican-led state legislatures in several states to select alternate electors or abstain from naming any electors in states won by Biden.
Despite these revisions, the indictment still accuses Trump of attempting to pressure Vice President Mike Pence to interfere with the certification of Biden’s election victory. Chief Justice John Roberts’ recent ruling suggested that conversations between Trump and Pence might be covered by presidential immunity, leaving open questions about the extent of that protection.
Constitutional law expert Daniel Charles Richman from Columbia Law School commented that while the new indictment reflects an interpretation of the Supreme Court’s ruling that allows the case to proceed, it remains uncertain whether it will meet the court’s criteria for limiting presidential immunity.
The case, initially brought forward after Special Counsel Smith was appointed in 2022 to investigate both election interference and the alleged mishandling of classified documents by Trump, faces an unclear future. Smith’s team has also appealed a separate ruling dismissing the classified documents case, arguing that the lower court misinterpreted legal precedents and statutes governing special counsel appointments.
With the 2024 election approaching, the legal battles are likely to continue, potentially affecting the timeline of any trials. If Trump wins the election, he is expected to direct the Justice Department to drop all federal charges against him.
