Special counsel Jack Smith has filed a new indictment against Donald Trump related to his efforts to overturn the 2020 election results. The indictment retains criminal charges against Trump but narrows the allegations to comply with a recent Supreme Court opinion granting broad immunity to former presidents. The new indictment removes a section accusing Trump of using the Justice Department to overturn his election loss.
Trump has called the new indictment an act of desperation and has urged for its immediate dismissal. The indictment represents the first effort by prosecutors to adjust the case following the Supreme Court decision, which stated that former presidents are immune from prosecution for official White House acts. The new indictment focuses on Trump’s dealings with the Justice Department and no longer references Jeffrey Clark as a co-conspirator.
The Supreme Court held that a president’s interactions with the Justice Department are official acts protected from prosecution, removing those allegations from the case. Despite this, the new indictment maintains claims that Trump participated in a fraudulent scheme to sway electors, pressured Vice President Mike Pence, and exploited the chaos at the Capitol on Jan. 6.
The case will be back in court for a status hearing next week. The indictment reflects the government’s efforts to comply with the Supreme Court’s remand instructions. The Supreme Court’s decision has led to significant revisions in the case against Trump over his attempts to block the transfer of power, bringing into question the limits of presidential immunity in the criminal justice system.
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