Jack Smith files new Trump indictment in election case following immunity ruling

Special Counsel Jack Smith on Tuesday filed a superseding indictment against former President Donald Trump, changing some of the charges to better reflect the Supreme Court's ruling on presidential immunity.

The Supreme Court ruled last month that presidents and former presidents are exempt from prosecution when it comes to core presidential actions, and presumptive immunity for other official acts. But the Supreme Court sent the January 6 case back to the lower courts to determine what actions constitute "official" acts.

The indictment dropped allegations that Trump attempted to pressure the U.S. Justice Department to overturn the results of the 2020 election, but still includes charges of conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, and obstruction of an official proceeding, among others, according to Forbes.

“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States,” the special counsel’s office said, per CNN.

The indictment did not change any of the charges, but it did rework the wording in the indictment, including the framing of those charges. For example, the prosecutors claimed Trump did not have any constitutionally assigned duties related to the transition of power, which was obstructed by rioters on January 6, 2021.

“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,” the superseding indictment said.

Trump has been accused of obstructing the certification of the electoral results, which saw President Joe Biden certified as the winner of the 2020 election over Trump.

The former president has pleaded not guilty to all four charges. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.