Smith Files New Trump Indictment

Slimmed-down election interference indictment reflects SCOTUS immunity ruling
By Rob Quinn,  Newser Staff
Posted Aug 27, 2024 5:17 PM CDT
Smith Files New Trump Indictment
Donald Trump speaks during a stop at a campaign office, Monday, Aug. 26, 2024, in Roseville, Michigan.   (AP Photo/Carolyn Kaster)

Special counsel Jack Smith is having a busy week. On Tuesday, the day after he filed a brief asking an appeals court to revive the classified documents case against Donald Trump, Smith filed a superseding indictment in his other case against the former president, CNN reports. All four charges in the election interference case remain in the new indictment, but changes have been made to reflect the Supreme Court's historic ruling on presidential immunity, Smith's office said in a statement.

  • A new grand jury. The superseding indictment "was presented to a new grand jury that had not previously heard evidence in this case," Smith's office said.

  • The biggest change. The New York Times reports that "perhaps the most significant change" between the original 45-page indictment and the slimmed-down 36-page superseding indictment is the removal of references to Trump's alleged attempts to pressure the Justice Department to support his election fraud claims and efforts to overturn the 2020 result. In its ruling, the Supreme Court said interactions with department officials were part of a president's official duties and the former president could not be charged in connection with them.
  • More changes. The superseding indictment removes numerous other allegations involving conversations with federal officials and White House staffers, including allegations that Trump ignored advisers when they pleaded with him to issue a statement asking rioters to leave the Capitol, the Washington Post reports. Allegations involving conversations with state officials, however, remain.

  • A key new line. CNN reports that the new indictment contains an important new line: "The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election."
  • Just before the deadline. The superseding indictment was filed with a deadline looming, the Post reports. The Justice Department's "60-day window" rule, banning prosecutorial steps that could influence the election, will take effect in around ten days.
  • Next steps. The two sides will be in federal court for a status hearing next week. The AP reports that this will be the first such hearing in months, "given that the case had been effectively frozen since last December" while Trump's immunity appeal was in the courts.
  • Trump's response. In a post on Truth Social, Trump described the new indictment as an "act of desperation." The "deranged" special counsel, he said, "has brought a ridiculous new Indictment against me, which has all the problems of the old Indictment, and should be dismissed IMMEDIATELY."
(More Donald Trump stories.)

Get breaking news in your inbox.
What you need to know, as soon as we know it.
Sign up
Get the news faster.
Tap to install our app.
X
Install the Newser News app
in two easy steps:
1. Tap in your navigation bar.
2. Tap to Add to Home Screen.

X