Special counsel Jack Smith has modified his legal approach in the case accusing former President Trump of election interference. While the charges largely remain the same, Smith has realigned his strategy to comply with a Supreme Court ruling that grants former presidents broad immunity from criminal prosecution.
Special counsel Jack Smith has adjusted his strategy in the election interference case against former President Trump, maintaining much of the original charges while aligning with a Supreme Court ruling that offers former presidents broad criminal immunity.
Trump still faces four charges as Smith modifies indictment to reflect Supreme Court’s immunity decision
One outstanding change is that Trump is now described as a candidate, not as the 45th president of the United States, in the indictment. This shift reflects Smith’s effort to comply with the Supreme Court’s decision, which shields core presidential actions from legal challenges and presumes immunity for other official duties.
Despite the Supreme Court’s directives, Smith’s new filing shows that the core of the case against Trump remains intact. Although Smith has removed references to Trump’s attempt to replace Justice Department leadership, which the court ruled as protected presidential duties, he has preserved all four of the original charges. The revised indictment now repositions certain actions as being part of Trump’s campaign or personal activities, rather than official government functions.
Smith’s persistence in moving forward with the case, despite the high court’s ruling, will face its first test on September 5, when U.S. District Judge Tanya Chutkan will decide how to proceed. The new indictment emphasizes Trump’s campaign efforts to spread false claims about the election and pressures on state officials regarding the certification of election results, framing these as personal, not official, responsibilities.
The revised indictment also cuts several allegations and references, particularly those involving conversations with White House staff and federal officials. A new grand jury was convened to review the updated case, further reinforcing Smith’s strategy.
Judge Chutkan now faces critical decisions on whether the allegations meet the Supreme Court’s standards, with potential appeals likely to follow. The inclusion of Trump’s pressure on Vice President Pence remains a contentious point, with Smith asserting that Trump acted out of personal interest rather than official duty.
