Special counsel Jack Smith filed a superseding indictment against Republican presidential nominee Donald Trump on Tuesday after the U.S. Supreme Court ruled this year that Trump was immune from prosecution for actions taken within the realm of his job responsibilities.
The new indictment has the same four charges that Trump faced when he was first indicted, including 2 felony counts of obstructing an official proceeding, 1 felony count of conspiracy to defraud the United States, and 1 felony count of conspiracy against rights.
While all the charges remain the same, some of Trump’s alleged conduct was removed from the new indictment, including allegations that he tried to use the DOJ to support his claims that the election had been rigged.
“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,” the special counsel’s office claimed.
Smith, a left-wing prosecutor who was appointed by the Biden-Harris Department of Justice (DOJ), argued that Trump did not have any presidential responsibilities related to the post-election transition of power.
A new line in the superseding indictment said: “The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election.”
The New York Times noted that the superseding indictment comes just days before Trump’s legal team was set to present to the presiding judge in the case, U.S. District Judge Tanya Chutkan, how they believe the Supreme Court ruling altered the case moving forward.
The new indictment also comes just 69 days before the presidential election. DOJ guidelines do not allow prosecutors to take steps that could influence an upcoming election.
Smith’s other case against Trump in Florida over Trump’s alleged mishandling of classified materials was thrown out by District Court Judge Aileen Cannon earlier this year because she ruled that Smith’s appointment to special counsel was unconstitutional.
The indictment “is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the U.S. Constitution,” Cannon wrote in an order granting Trump’s motion to dismiss.
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