A new superseding indictment in Donald Trump’s election fraud case is now nine pages shorter than the earlier version, having completely omitted pages 9 to 11.
This revised indictment highlights that Trump acted as a candidate rather than as president when attempting to overturn the 2020 election results.
These changes align with the Supreme Court’s ruling from July 1, which clarified presidential immunity.
On Tuesday, chief prosecutor Jack Smith submitted this updated indictment following a month-long delay in the proceedings.
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Smith chose to present a new superseding indictment to a grand jury rather than simply adjusting the previous indictment, thus opening the door for a fresh wave of legal challenges. Trump’s legal team now has the opportunity to appeal this revised indictment through the federal court system and potentially back to the Supreme Court.
Significant additions reinforce the narrative that Trump operated as a candidate. Despite these enhancements, the new indictment is shorter because Smith excluded references to Trump’s private or official conduct previously considered for the charges.
Trump has been indicted on four counts for allegedly trying to overturn the election results before the January 6, 2021, Capitol riot. He has pleaded not guilty, asserting that this case is a political witch hunt.
The Supreme Court’s ruling indicated that while presidents enjoy broad immunity for official acts, they have none for unrelated personal actions. This decision is particularly pertinent to Trump’s case, impacting how the indictment is framed.
The revised 36-page indictment maintains the same four criminal counts but shifts the focus more towards Trump the candidate rather than Trump the president.
Allison Gill from the Mueller She Wrote legal blog provided a thorough analysis, noting significant shifts like the phrasing from “the forty-fifth President of the United States” to “a candidate for President of the United States” in the first paragraph. This change underscores that Trump’s actions were as a political candidate, thereby nullifying any claims of presidential immunity.
The updated document also removes previous allegations of Trump pressuring Justice Department officials to influence the election outcome, as these discussions are likely protected under the Supreme Court ruling.
Notably, the new indictment does not name former Justice Department official Jeffrey Clark, whose actions could have been inferred in the earlier document, further stripping away references to Trump’s presidential acts in favor of his candidacy.
A highlighted phrase notes that Trump had a “personal interest as a candidate” in the election results, with the term “personal” appearing multiple times throughout the text. Furthermore, wording regarding a lawsuit Trump filed in Georgia has been shifted to indicate it was “filed in his capacity as a candidate for president.”