Special Counsel Jack Smith Indicts Trump Again

Special Counsel Jack Smith has issued a revised indictment against former President Donald Trump, maintaining the original charges while adapting to a recent Supreme Court ruling on presidential immunity.

At a Glance

Jack Smith filed an updated federal election subversion indictment against Donald Trump
The new indictment retains four felony counts but is tailored to comply with a Supreme Court ruling on presidential immunity
Trump’s actions are now framed as those of a private citizen and political candidate, not a sitting president
The case is part of two federal investigations overseen by Special Counsel Jack Smith

Revised Charges and Supreme Court Compliance

U.S. prosecutors have revised charges against Donald Trump related to alleged attempts to interfere in the past election. The updated indictment aims to navigate a Supreme Court ruling granting presidents broad immunity from criminal prosecution for official acts. This strategic move by Special Counsel Jack Smith maintains the four original crimes Trump is accused of: conspiracy to defraud the US, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights.

The revised document removes charges against Jeffrey Clark and drops the claim that Trump pressured Department of Justice officials to overturn his defeat. Instead, it focuses on Trump’s actions as a private citizen and political candidate rather than as a sitting president. This shift in focus is a direct response to the Supreme Court’s ruling on presidential immunity, which provided immunity for acts committed as part of specific official duties but did not grant full immunity.

Special counsel Jack Smith filed a superseding indictment against former President Donald Trump on Tuesday in which he again accused Trump of resisting the peaceful transfer of power after the 2020 presidential election. https://t.co/LUujMhbYUe

— CBS News (@CBSNews) August 28, 2024

Key Allegations and Trump’s Response

Despite the revisions, key allegations remain, including that Trump attempted to persuade Vice-President Mike Pence to obstruct Biden’s election certification. The indictment also highlights conduct that did not fall within Trump’s official responsibilities, such as privately funding and organizing the January 6 rally and using social media for personal purposes.

“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,” reads one new line in the indictment.

Trump vehemently denies accusations of pressuring officials, spreading false claims, and exploiting the Capitol riot to delay certification of Joe Biden’s victory. On his Truth Social platform, Trump called the fresh indictment “an effort to resurrect a ‘dead’ Witch Hunt” and “distract the American People” from the 2024 election. According to him, the case should be “dismissed IMMEDIATELY.”

Legal Perspectives and Implications

Former Trump lawyer William Brennan described Smith’s move as “slick” and “smart,” noting it streamlines the charges. “It’s not uncommon for a prosecutor to do this,” Brennan stated. “It’s actually a smart move with the trouble that he’s having with the now-former indictment. He now supersedes, he streamlines, and he tries to take that indictment further.”

The success of the new indictment may depend on its compliance with the Supreme Court’s ruling on presidential immunity. Trump’s current legal team is expected to argue that the new indictment is merely a revised version of the old one and should be dismissed. A conference on the matter is scheduled for September 5.

Broader Context and Future Implications

This case is part of two federal investigations overseen by Special Counsel Jack Smith, including one about classified documents taken to Trump’s Florida home. The timing of the trial remains uncertain, with Trump’s legal team expected to request more time to prepare, potentially delaying proceedings. It’s unlikely that the case will be expedited, raising the possibility that it may not be heard before the 2024 election.

As the legal battle continues to unfold, its impact on the political landscape and the upcoming election remains to be seen. The revised indictment represents a significant development in the ongoing investigation into the events surrounding the 2020 election and January 6th Capitol riot, with potential far-reaching consequences for both Trump and the American political system.