Special counsel Jack Smith has issued a revised indictment against former President Trump, focusing on his alleged attempts to undermine the 2020 election results. This updated indictment, filed Tuesday, maintains the original charges but adjusts the scope in response to a recent Supreme Court ruling on executive immunity.
Smith’s new filing follows a second grand jury review, which reaffirmed that charges against Trump are warranted. The update modifies the original indictment to align with the Supreme Court’s decision, which granted broad immunity to former presidents for actions taken in their official capacity. As a result, some aspects of the case have been removed to comply with this ruling.
Revised indictment against Trump narrows scope in line with Supreme Court ruling on executive immunity
The revised indictment drops former Justice Department lawyer Jeffrey Clark as an unindicted co-conspirator. This change reflects the Supreme Court’s ruling that Trump’s interactions with Justice Department officials are protected from prosecution. Clark was involved in Trump’s attempt to install him as acting attorney general to further investigate unfounded election fraud claims.
Additionally, the indictment now adjusts the start date of Trump’s alleged conspiracy to November 13, 2020, and omits specific details from the earlier indictment. It refines its focus on Trump’s personal, rather than official, actions related to the election.
The indictment still addresses Trump’s spread of false election claims, particularly through his campaign activities and personal use of social media. It now more clearly delineates his actions as a private individual rather than an official capacity. References to Trump’s interactions with federal officials and advisors, as well as details about his efforts to sway Vice President Pence, have been modified or removed.
The updated indictment, which is now shorter and less detailed than the original, will be scrutinized by U.S. District Judge Tanya Chutkan. She is scheduled to hold a hearing on September 5 to discuss the case’s progression.
