Special Counsel Smith Revises Trump Indictment in Election Subversion Case

Special Counsel Jack Smith has filed a revised indictment against former President Trump in connection with his alleged efforts to overturn the results of the 2020 presidential election, narrowing the charges to navigate a recent Supreme Court ruling on presidential immunity.

Special Counsel Jack Smith has filed a revised indictment against former President Donald Trump in connection with his alleged efforts to overturn the results of the 2020 presidential election. The new indictment, filed on Tuesday, narrows and reframes the charges against Trump in light of a recent Supreme Court ruling that granted broad immunity to former presidents for official acts.

The new indictment maintains the prior criminal charges of conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. However, it removes allegations involving Department of Justice officials and other government officials, and it clarifies Trump's role as a candidate rather than a sitting president.

Special Counsel Smith Revises Trump Indictment in Election Subversion Case

The Supreme Court ruled in March that former presidents are immune from prosecution for official acts while in office. This ruling prompted Smith to revise the indictment to focus on allegations that Trump's actions exceeded the scope of his official duties.

The indictment alleges that Trump participated in an effort to enlist slates of fake electors in key states won by then-candidate Joe Biden to attest that Trump had won. It also alleges that he pressured then-Vice President Mike Pence to reject legitimate electoral votes.

Special Counsel Smith Revises Trump Indictment in Election Subversion Case

The original indictment included allegations that Trump attempted to wield the Justice Department to undo his 2020 loss. However, those allegations have been removed in the revised indictment, in accordance with the Supreme Court ruling.

Trump's co-conspirators are not named in either the original or revised indictment. However, public records and other sources have identified individuals who allegedly participated in Trump's efforts to overturn the election.

Special Counsel Smith Revises Trump Indictment in Election Subversion Case

The indictment includes allegations that Trump sought to badger Pence to refuse to certify the electoral vote count. It will be up to Judge Chutkan to determine what constitutes an official act in this context.

Trump has denounced the revised indictment as a politically motivated "witch hunt" and has vowed to fight the charges. He has accused Special Counsel Smith and the Biden administration of weaponizing the justice system against him.

The revised indictment was filed three days ahead of a deadline for Smith's office to tell the judge how they intended to proceed after the Supreme Court ruling. A status hearing is scheduled for next week.

Sources familiar with the matter have indicated that the revised indictment is unlikely to speed up the trial process, which is not expected to go to trial before the November 2024 presidential election.