Jack Smith Files Superseding Indictment Against Trump In 2020 Election Case

A grand jury returned a superseding indictment Tuesday in former President Donald Trump’s 2020 election interference case.

The new indictment, which includes the same four charges as the original, was filed in response to the Supreme Court’s July ruling finding presidents have immunity from prosecution for official acts taken in office, according to prosecutors. Trimmed down from 45 pages to 36, the updated indictment omits allegations related to Trump’s “attempt to leverage the Justice Department” and updates language in some sections to emphasize he was acting outside his official duties.

“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,” special counsel Jack Smith wrote in a notice.

Chief Justice John Roberts wrote in the Supreme Court’s decision that Trump is “absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” though he noted other allegations “present more difficult questions.”

One new line added in the superseding indictment states that “the Defendant had no official responsibilities related to the convening of legitimate electors or their signing and mailing of their certificates of vote.”

Another portion of the indictment adds language that appears targeted to address issues that could arise from another Supreme Court ruling on the obstruction statute behind two of Smith’s charges. The Supreme Court held in Fischer v. United States that the DOJ interpreted the statute used to charge hundreds of Jan. 6 defendants too broadly, finding a defendant must have actually attempted to impair the availability of physical evidence.

“At approximately 2:20 p.m., the official proceeding having been interrupted, staffers evacuating from the Senate carried with them the legitimate electors’ certificates of vote and their governors’ certificates of ascertainment,” the updated indictment notes in its description of Trump’s “exploitation of the violence and chaos at the Capitol.”

The indictment’s charges include one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, one count of obstruction of and attempt to obstruct an official proceeding, along with one count of conspiracy against rights. Trump was first indicted on the same four counts in August 2023.

Earlier this month, Smith asked Judge Tanya Chutkan to briefly delay the case, explaining the government was still assessing the impact of the Supreme Court’s ruling. Chutkan agreed to push back a hearing set for Aug. 16 to Sept. 5 and adjust deadlines for both parties to file proposed pre-trial schedules.