Jack Smith, the special counsel, has refined charges against Trump
Special Counsel Jack Smith filed a new indictment against former President Donald Trump on Tuesday, narrowing the charges related to Trump’s alleged attempt to resist the peaceful transfer of power after the 2020 presidential election.
This move follows a significant Supreme Court ruling earlier this year regarding presidential immunity.
The updated 36-page document refines the original charges Smith brought against Trump, adjusting them in line with a recent Supreme Court decision on presidential immunity.
Prosecutors have maintained the original four charges, including conspiracy to defraud the United States, but have streamlined the evidence presented.
One unnamed co-conspirator, believed to be former Justice Department official Jeffrey Clark, has been removed from the list.
The Supreme Court ruling clarified that Trump was immune from prosecution for certain actions he took while in office.
As a result, the superseding indictment omits some of the conduct included in the original 45-page indictment filed last year.
The ruling has forced the special counsel to adjust the charges, ensuring they align with the Court’s ruling on presidential immunity.
Clark responded to the indictment on social media, stating that the Supreme Court decision vindicated his refusal to cooperate with Smith’s investigation. He further accused prosecutors of targeting Trump.
Trump, for his part, took to social media to accuse Smith of attempting to interfere with the November election, where he is set to face Vice President Kamala Harris, the Democratic nominee.
Trump called for the charges to be dismissed immediately, claiming that Smith was “illegally appointed” and labeling him as “deranged.”
A federal judge in Florida recently dismissed charges against Trump related to his handling of sensitive government documents, citing the special counsel’s unlawful appointment.
Smith has appealed that decision, seeking to revive the case.
Smith’s updated indictment reasserts accusations that Trump attempted to subvert the transfer of power by using his role as a candidate, rather than as president, to overturn the 2020 election results.
The new indictment reflects the Supreme Court’s July ruling, which outlined the limits of presidential immunity. The Court ruled that while presidents have “absolute” immunity for official acts, they are not protected from prosecution for unofficial acts.
The Supreme Court’s ruling has left U.S. District Court Judge Tanya Chutkan with the task of determining which of Trump’s alleged acts fall under presidential immunity and which do not.
Following the Court’s decision, Chutkan asked prosecutors to submit arguments by August 30, with a hearing scheduled for September 5.
By filing the superseding indictment, Smith’s team has chosen to avoid an evidentiary hearing that would have required them to reveal the evidence collected against Trump ahead of the trial.
A source close to Trump’s legal team told CBS News that this move was expected and that they believe Smith’s case is flawed and should be dismissed.
Smith’s latest indictment largely echoes the charges brought against Trump over a year ago, accusing the former president of conspiring to disrupt the peaceful transfer of power.
The charges stem from a pressure campaign at both the state and federal levels, culminating in the January 6 attack on the U.S. Capitol.
Notably, the new indictment continues to allege that Trump attempted to enlist Mike Pence in his scheme but now frames Pence not as vice president, but as Trump’s running mate in a political race. This subtle shift reflects the Supreme Court’s ruling that certain actions related to Trump’s presidency cannot be prosecuted.
With the next hearing set for early September, all eyes will be on how the court navigates the complex legal landscape shaped by the Supreme Court’s ruling.
Trump’s legal team is expected to request more time to prepare, which could delay the start of the trial.
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