On Tuesday, a fresh indictment was launched by Special Counsel Jack Smith against Donald Trump for his actions aimed at overturning the outcome of the 2020 election. This latest indictment maintains the original criminal charges but refines the claims against him in light of a Supreme Court ruling that extends wide-ranging immunity to former presidents.
This revised indictment omits a segment concerning Trump’s dealings with the Justice Department, a sphere where the Supreme Court, by a 6-3 decision last month, acknowledged Trump’s right to immunity from legal action.
The altered indictment no longer names Jeffrey Clark, a Justice Department official who supported Trump’s unfounded allegations of electoral fraud, as a co-conspirator. Though not identified in either indictment, Trump’s alleged co-conspirators have been pinpointed through public documentation and additional resources.
According to the special counsel’s office, this updated indictment was delivered by a grand jury in Washington’s federal court, different from those that initially evaluated the evidence in this matter.
The revised charges continue to accuse Trump of attempting to compel then-Vice President Mike Pence to reject the official tally of electoral votes. In the court’s opinion, Chief Justice John Roberts stated, “Trump is at least presumptively immune from prosecution” regarding the actions involving Trump and Pence, which he considered part of Trump’s official duties.
Roberts further questioned whether the presumption of immunity could be effectively challenged by the government.
