Special counsel Jack Smith filed the charges against former President Donald Trump on Tuesday in a federal election interference case.
A federal grand jury in the District of Columbia returned a superseding indictment, charging Trump with the same criminal offenses as in the original indictment, as stated by a Justice Department spokesperson on Tuesday.
The big picture: The superseding indictment was presented to a new grand jury that had not previously heard evidence in this case, reflecting the government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.
- Trump had previously pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.
Flashback: In a significant decision, the U.S. Supreme Court ruled earlier this year that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office, and sent the case back to the trial court to determine which charges against him can stand.
Driving the news: The superseding indictment retains the four original charges against Trump from the special counsel’s original indictment, but has been adjusted to align with the Supreme Court’s ruling on presidential immunity.
- Notably, it removes allegations regarding how Trump allegedly sought to use the Justice Department in his efforts to overturn the election, which was mentioned in the Supreme Court’s ruling as falling within his official duties.
- The superseding indictment is 36 pages in length, compared to the original indictment which spanned 45 pages.
