Donald Trump hit with new indictment by special counsel Jack Smith despite Supreme Court’s immunity ruling
DONALD Trump has been recharged with four criminal counts in his election interference case in Washington DC.
The new superseding indictment was filed on Tuesday due to the July Supreme Court ruling that stated Trump and other former presidents enjoy impunity for official acts performed while in office.
Special counsel Jack Smith revised the original four-count indictment, which was filed in August 2023, in accordance with the Supreme Court’s immunity ruling.
Smith said a new grand jury, who had not heard the evidence in the original case, returned on Tuesday with the same indictment against the former president, 78.
“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,” Smith’s office said.
The new indictment came days before Trump’s attorneys and Smith were set to face off in court for how to proceed with the case after the Supreme Court’s ruling.
The special council’s office said they will not insist that Trump attend a future arraignment on the revised indictment.
Trump, the 2024 Republican presidential candidate, has repeatedly denied all charges.
Similar to last year’s indictment, the special council’s office accuses Trump of orchestrating a “criminal scheme” in an attempt to overturn the results of the 2020 presidential election.
The original indictment listed five ways Trump attempted to stop the Electoral College votes in 2021.
The alleged obstructions included arranging fraudulent slates of electors, having state election officials change electoral votes, instructing then-Vice President Mike Pence to block certification of the election, attempting to strong-arm the Justice Department to support his claims, and inciting the January 6 riots.
The accusations that Trump attempted to pressure the Justice Department into accepting his rigged election claims were wiped from the new indictment due to the Supreme Court’s immunity ruling.
The new indictment also refers to Trump as a “candidate for President of the United States.”
The case will not be tried before the results of the 2024 presidential election.
And, if Trump wins the election, he will be able to direct officials in the Justice Department to drop the charges, according to NPR.
It comes as…
- Independent presidential candidate Robert F. Kennedy Jr. stands down and endorsed Trump.
- Donald Trump reveals grand reelection plans.
- Pop superstar Taylor Swift’s Kamala Harris endorsement is just weeks away.
- Vice President Kamala Harris accepts the Democratic presidential nomination at the Democratic National Convention.
- Trump brands Harris “all talk, no action.”
The unprecedented Supreme Court decision ruled that former president have absolute immunity from prosecution for their official acts as commander-in-chief but not immunity for unofficial acts.
The higher court underscored four categories in Trump’s election interference indictment in their ruling.
The court ruled that the conversations Trump conducted with Justice Department officials are immune from prosecution.
However, the Supreme Court’s decision will pass the responsibility on to the lower courts to determine whether Trump has immunity for the other categories.
Special Council Jack Smith's new superseding indictment explained
- In August 2023, the Department of Justice indicted Trump over the events linked to the January 6 insurrection and organizing false slates of electors.
- Trump has been charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, conspiracy against rights, and obstruction of an attempt to obstruct an official proceeding.
- If convicted, Trump could get a maximum sentence of 55 years in prison.
- A trial date has not yet been decided, but the case is unlikely to go to trial before the November election.
- The delay comes after the Supreme Court ruled on July 1 that Trump can be granted immunity from official acts made as president.
- This historic 6-3 decision means that lower US courts will have to determine whether Trump’s individual decisions were a part of his presidential duties.
- The Supreme Court’s ruling forced Special Council Jack Smith to revise the existing indictment against the former president.
- Some allegations against Trump would have been dismissed under the higher court’s new decision.
- For example, the accusations that Trump attempted to strong-arm Justice Department officials to support his claims and launch an investigation into his rigged election claims would have been dismissed.
- The Supreme Court ruled in their July 1 decision that the conversations Trump conducted with Justice Department officials are absolutely immune from prosecution.
With the 2024 presidential election gaining steam, the higher court’s immunity ruling upended the status of Trump’s impending trials in Georgia, Florida, and Washington DC.
The former president is still awaiting sentencing for his hush money conviction in New York.
The higher court’s ruling led Judge Juan Merchan to change Trump’s original sentencing date from July 11 to September 18.
Meanwhile, Trump and his running mate, JD Vance, continue to hit the campaign trail in battleground states with just three months left before the general elections.
DON’S ARMY
The modified indictment came as Trump named Robert F. Kennedy and Tulsi Gabbard as honorary co-chairs to aid his presidential campaign.
“I’ve been asked to go on the transition team, you know, and to help pick the people who will be running the government,” Kennedy Jr. told Tucker Carlson in an interview shared on X.
Gabbard, the former Hawaii representative, left the Democratic party after failing to secure the White House in 2020.
She endorsed Trump on Monday and has been helping the former president with informal debate preparation for the past few weeks.
It’s still unclear what official roles Gabbard and Kennedy Jr. will take on Trump’s team.
But Kennedy Jr. and Gabbard will work closely with Vance, Donald Trump Jr., and Eric Trump.