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Special counsel Jack Smith has filed a superseding indictment against former President Trump following the Supreme Court’s ruling on presidential immunity.
What’s the deal: The superseding indictment by Special Counsel Jack Smith against former President Trump has been revised in light of a Supreme Court ruling that provides former presidents with broad immunity for actions taken while in office. While the original charges remain, references to Trump’s interactions with Justice Department officials and others—now protected under the Court’s ruling—have been removed. The updated indictment instead focuses on Trump’s actions in a private capacity, including his alleged efforts to overturn the 2020 election results.
What happens now: US District Judge Tanya Chutkan will now decide whether the new indictment against former President Trump, particularly those related to his personal actions to overturn the 2020 election, can proceed under the Supreme Court’s ruling on presidential immunity.
What Smith’s indictment says: In court documents, Smith wrote, “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. All of the conversations between the Defendant and Vice President described below focused on the Defendant maintaining power.”
Supreme Court’s previous ruling: The Supreme Court’s ruling on Trump’s immunity confirmed that former presidents are broadly protected from prosecution for actions within the scope of their “official” duties. This decision clarified that even controversial actions directly tied to presidential powers are immune from legal challenges. However, it left open the possibility that actions taken in a personal capacity could still face legal scrutiny.
Trump’s reaction: While former President Trump has not directly commented on the new indictment, he did “retruth” a post on his platform “Truth Social,” which read, “Good luck, Jack. Trump raises presidential immunity. Again. The DC court rules. Again. Appealed to the DC Circuit. Again. Then Supreme Court. Again. Bottom Line: There’s no chance this case goes to trial before the election. Trump wins. Jack Smith fired. Case closed.”
