Former President Donald Trump has been re-charged in the special counsel’s federal election case following a Supreme Court ruling that clarified the extent of presidential immunity.
On August 27, special counsel Jack Smith filed a superseding indictment against Trump, updating the charges in light of the recent Supreme Court decision in *Trump v. United States*.
The new indictment, presented to a different grand jury in Washington, D.C., narrows the scope of the original charges by removing allegations related to Trump’s interactions with the Department of Justice (DOJ) and former DOJ official Jeffrey Clark.
This change aligns with the Supreme Court’s ruling, which granted Trump absolute immunity for certain presidential actions.
The Supreme Court’s decision, delivered by Chief Justice John Roberts, established that presidents are immune from prosecution for acts within their “conclusive and preclusive constitutional authority.”
However, the court left it to lower courts to decide whether other actions, such as Trump’s communications with state electors and his pressure on Vice President Mike Pence to overturn the 2020 election results, were official or private.
Special counsel Smith’s revised indictment continues to charge Trump with four counts, including conspiracy to defraud the United States and conspiracy against rights.
These charges remain from the original indictment but have been restructured to comply with the Supreme Court’s ruling.
The updated indictment focuses on Trump’s use of social media, particularly his Twitter account, to spread false claims about election fraud and pressure Pence not to certify the election results.
Reacting to the new indictment, Trump took to Truth Social to express his outrage, calling the indictment “ridiculous” and demanding its immediate dismissal.
He wrote, “In an effort to resurrect a ‘dead’ Witch Hunt in Washington, D.C., in an act of desperation, and in order to save face, the illegally appointed ‘Special Counsel’ Deranged Jack Smith, has brought a ridiculous new Indictment against me, which has all the problems of the old Indictment, and should be dismissed IMMEDIATELY.”
“This is merely an attempt to INTERFERE WITH THE ELECTION, and distract the American People from the catastrophes Kamala Harris has inflicted on our Nation, like the Border Invasion, Migrant Crime, Rampant Inflation, the threat of World War III, and more.”
The legal battle is expected to continue, with D.C. Judge Tanya Chutkan scheduled to hold a status conference on September 5.
Both the special counsel’s office and Trump’s legal team are likely to present arguments on which charges should be upheld or dismissed based on the Supreme Court’s guidelines.
As the case progresses, it is anticipated that it will extend beyond the November 2024 election. If Trump wins the presidency, he could potentially withdraw the case. However, even if he loses, the case is expected to go through further appeals, possibly reaching the Supreme Court again.