A newly convened grand jury has issued a fresh indictment against former President Donald Trump for his alleged attempts to overturn the 2020 presidential election results. This development follows a recent Supreme Court ruling that granted Trump limited immunity from prosecution.
The superseding indictment, presented to a new grand jury unfamiliar with the case, retains the original four core charges against Trump. Special counsel Jack Smith noted that the indictment reflects efforts to comply with the Supreme Court’s holdings and remand instructions from its landmark decision on presidential immunity last month.
The 36-page indictment, nine pages shorter than the initial document, is Smith’s response to the Supreme Court’s decision affirming that a president is “absolutely” immune from criminal prosecution for actions tied to official duties and granting “presumptive” immunity for actions on the “outer perimeter” of those duties.
Prosecutors appear to be distancing Trump’s alleged actions from his official duties. The new indictment emphasizes that Mike Pence was not only the vice president but also Trump’s running mate when Trump launched a pressure campaign to block the certification of election results on January 6, 2021. This was the day a Trump-fueled mob stormed the Capitol, disrupting a joint session of Congress assembled to certify Joe Biden’s victory.
The indictment also highlights that Trump’s rally in Washington D.C. that day was privately funded and organized, and that Trump used his Twitter account for personal purposes.
A section in the original indictment accusing Trump of attempting to leverage the Department of Justice to pressure state officials to reject election results has been removed. Also omitted are references to government officials who repeatedly told Trump there was no merit to his claims of widespread election fraud.
The new indictment largely aligns with the narrative outlined in the original charging document. It traces how Trump allegedly relied on false claims about the election to pressure state officials to promote false slates of electors, obstruct the outcome, and failed to stop his supporters from storming the Capitol.
Trump is charged with four crimes: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempt to obstruct an official proceeding, and conspiracy against rights.
The case was frozen for eight months as Trump’s attempt to dismiss the charges on immunity grounds made its way to the Supreme Court. Trump is also using the Supreme Court’s ruling in his effort to overturn a verdict in his hush money trial in New York, where a jury convicted him on all 34 felony counts of falsifying business records tied to a scheme to unlawfully influence the 2016 election.
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