Special Counsel Reindicts Trump on a Narrower Set of Charges

Washington — On Tuesday, Special Counsel Jack Smith announced a superseding indictment against former President Donald Trump, reiterating accusations that Trump obstructed the peaceful handover of power following the 2020 presidential election. This latest indictment refines the previous allegations after a landmark Supreme Court decision earlier this year concerning the limits of presidential power.

The new charging document narrows the scope of alleged criminal acts that Smith presented in his earlier 2023 indictment. This adjustment follows a Supreme Court ruling that granted Trump immunity for certain actions described in the original indictment.

While maintaining the four counts Trump faced previously, including conspiracy to defraud the United States, the prosecutors limited included evidence and removed one unnamed individual from the previous list of unindicted co-conspirators. This individual was described as a Justice Department official who purportedly collaborated with Trump to launch fake election crime investigations and influenced state legislatures with false claims of election fraud, believed to be Jeffrey Clark.

According to an announcement from Smith’s office, a federal grand jury in Washington returned the superseding indictment on Tuesday. The prosecution stated they did not oppose waiving Trump’s appearance during the arraignment of the new charges.

Smith’s indictment outlines alleged actions by Trump, such as organizing fraudulent elector slates and collaborating with private attorneys to undermine the transfer of power. The former president is accused of utilizing his candidacy, rather than his role as president, to challenge the election results.

This new indictment reflects concerns stemming from last month’s Supreme Court ruling, in which the court’s conservative majority stated that sitting and former presidents are shielded from criminal prosecution for actions classified as “official acts” during their presidency. The court determined that discussions Trump had with the Justice Department post-election were outside the realm of prosecutable conduct, as they fell under his official responsibilities.

Chief Justice John Roberts categorized presidential actions into three types: those that are core constitutional duties, those that extend beyond exclusive powers, and unofficial actions. Absolute immunity applies only to the first category, while the second grants presumptive immunity that the government may challenge. The third category does not receive any immunity at all.

Applying these categories, the court decided that several charges against Trump could not be linked to official actions as president. However, some of the alleged behaviors, including interactions with then-Vice President Mike Pence before the certification of the Electoral College votes on January 6, 2021, were considered closer calls.

Justice Amy Coney Barrett noted in a concurring opinion that she believed Trump’s attempts to organize false elector slates qualified as private actions, thus lacking protection from prosecution.

The responsibility of distinguishing between “official” and “unofficial” actions now falls to U.S. District Court Judge Tanya Chutkan, who is overseeing the case. Trump’s legal team acknowledged that certain acts described in the indictment were private and could be subject to criminal charges, given the involvement of external legal advisors in executing the plan to present fraudulent elector slates.

Following the Supreme Court’s decision, Judge Chutkan requested the prosecution to submit a brief detailing their arguments for proceeding with the case by August 30. A hearing is set for September 5.

By filing the superseding indictment, Smith appears to sidestep a potential evidentiary hearing where prosecutors would have had to disclose evidence against Trump prior to the trial.

Over a year ago, Trump was charged with four counts linked to his actions following the 2020 election. Prosecutors claimed that he conspired to undermine the peaceful transition of power through intimidation efforts aimed at state and federal authorities, culminating in the January 6 Capitol attack.

Trump has pleaded not guilty to the previous charges and has consistently denied any wrongdoing. The core actions cited in the earlier indictment remain in the new documents, although a few notable exceptions exist, particularly concerning Trump’s dealings with Justice Department officials, which the Supreme Court ruled were immune from prosecution.

The indictment accuses Trump of pressuring state officials to overturn their election results and collaborating with co-conspirators to establish an alternate slate of electors ahead of the certification process in Washington, D.C. Additionally, the indictment reiterates accusations that Trump sought to compel Pence into his purported plan, clarifying that Pence is viewed in this context not as a vice president, but rather as Trump’s political partner.