Special Counsel Jack Smith filed a
superseding indictment that revises earlier felony charges against Trump in the election subversion case. The revised indictment comes in response to the U.S. Supreme Court's July Trump v. United States ruling, which affirmed presidents' "absolute immunity" for "official acts" taken while in office.
None of the four charges against Trump—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—have been dropped.
However, parts of Smith's initial indictment—like Trump's conversations with officials at the Department of Justice after the 2020 election—are no longer admissible under the high court's ruling.
"Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials," Chief Justice John Roberts wrote for the 6-3 majority in the decision.
To secure the new indictment, Smith presented his evidence to an entirely new grand jury.
"So, a new group of American citizens, doing their civic duty, sat and heard this evidence and returned 'a true bill' against Trump for the four charges in this superseding indictment," observedMSNBC's Katie Phang.
Reacting to the new indictment on his Truth social network, Trump fumed with his usual overcapitalization that "no Presidential Candidate, or Candidate for any Office, has ever had to put up with all of this Lawfare and Weaponization directly out of the Office of a Political Opponent."
"The whole case should be thrown out and dismissed on Presidential Immunity grounds, as already ruled unequivocally by the U.S. Supreme Court," Trump said. "What they are doing now is the single greatest sabotage of our Democracy in History."
Grant Stern, the executive editor of Occupy Democrats, quipped on social media, "Congratulations to Donald Trump on being the historic first-ever major party presidential nominee to be indicted after the convention."
Trump was impeached twice during his presidency, including for inciting the January 6, 2021 storming of the U.S. Capitol by believers of the then-president's "Big Lie" that the 2020 presidential contest was "rigged" by Democrats. He was not convicted by the Senate in either case.
In May, a New York state jury found Trump guilty on all 34 felony counts related to the falsification of business records regarding hush money payments to cover up sex scandals during the 2016 presidential election. It was the first time in U.S. history that a former president was convicted of felony crimes.
In Georgia, the state Court of Appeals last month paused proceedings in a separate election interference case against Trump and other defendants until an appellate panel determines whether the prosecuting district attorney should be disqualified for an alleged conflict of interest. Trump faces 10 felony charges in the case, including violations of the Racketeer Influenced and Corruption Organizations Act, conspiracy to commit impersonating a public officer, conspiracy to commit forgery in the first degree, false statements and writing, and filing false documents.
Last month, U.S. District Judge Aileen Cannon—a Trump appointee—dismissed 40 felony charges against the former president over his alleged mishandling of classified government documents after he left office. On Monday, Smith urged an appeals court to reverse Cannon's dismissal.
