Smith’s superseding indictment still contains four charges against the former president and was revised to address the Supreme Court’s immunity ruling.
Special counsel Jack Smith filed an updated indictment against former President Donald Trump in Washington on Aug. 27 following the Supreme Court’s ruling that he enjoyed some presidential immunity from criminal prosecution.
“Today, a federal grand jury in the District of Columbia returned a superseding indictment, charging the defendant with the same criminal offenses that were charged in the original indictment,” an Aug. 27 filing from the special counsel’s office reads.
“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 in Trump v. United States.”
The new indictment narrows the allegations against the former president by removing allegations involving his interactions with the Justice Department.
It no longer lists as a co-conspirator former DOJ official Jeffrey Clark.
Trump’s alleged co-conspirators were not named in either indictment, but they have been identified through public records and other means.
Trump responded on TruthSocial by calling the new indictment “shocking” and calling for its immediate dismissal.
Smith’s superseding indictment still contains four charges against the former president, including those from the financial reform law the Supreme Court addressed in Fischer v. United States.
Presidential Immunity
In Trump v. United States, a majority of the Supreme Court held that presidents enjoyed several tiers of immunity from prosecution: absolute immunity for acts that fall within their “conclusive and preclusive constitutional authority,” a presumption of immunity for their official acts, and no immunity for unofficial acts.
Chief Justice John Roberts’s majority opinion grouped the allegations into three categories: those surrounding Trump’s work with the Department of Justice (DOJ); those involving his communication with state electors and his communications on Jan. 6, 2021; and his urging Vice President Mike Pence to not certify the election results in the Senate.
By Sam Dorman
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