(WASHINGTON) — Special counsel Jack Smith has charged former President Donald Trump in a superseding indictment in his federal election interference case.
“Today, a federal grand jury in the District of Columbia returned a superseding indictment, ECF No. 226, charging the defendant with the same criminal offenses that were charged in the original indictment,” a Justice Department spokesperson said Tuesday.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions,” the spokesperson said.
Trump last August pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election to remain in power. Last month, in a blockbuster decision, the U.S. Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office, and sent the case back to the trial court to sort out which charges against him can stand.
The superseding indictment retains the four original charges against Trump from the special counsel’s original indictment — but is pared down to adjust to the Supreme Court’s ruling.
While the original indictment laid out five ways Trump allegedly obstructed the function of the federal government — having state election officials change electoral votes, arranging fraudulent slates of electors, using the Department of Justice to conduct “sham” investigations, enlisting the Vice President to obstruct the certification of the election, and exploiting the chaos of the Jan. 6 riot — the new indictment removes mention of his use of the Department of Justice, which was explicitly mentioned in the Supreme Court’s ruling as falling within his official duties.
While the original indictment mentions the Justice Department on over 30 occasions, the new indictment makes no mention of the DOJ. It also reframes the portion of the original indictment outlining that Trump allegedly knew his claims of election fraud were false.
The superseding indictment identifies Trump as “a candidate for President of the United States … who was also the incumbent President” and says that he “had no officials responsibilities related to any state’s certification of the election results.”
The new indictment is 36 pages, while the original indictment was 45.
It comes just days after Smith, in a filing, urged the Eleventh Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of Trump’s classified documents case.
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