Special counsel Jack Smith filed a new indictment against Donald Trump on Tuesday, maintaining the same criminal charges but narrowing the allegations following a recent Supreme Court opinion granting broad immunity to former presidents.
The revised indictment omits the accusation that Trump attempted to utilize the Justice Department's law enforcement powers to overturn his election defeat, an area where the Supreme Court ruled Trump was immune from prosecution.
This updated criminal case is the initial attempt by prosecutors to adhere to the Supreme Court's opinion, making it highly unlikely that Trump will face trial before the upcoming November election in the case alleging interference with the peaceful transfer of power.
The case has been sent back to U.S. District Judge Tanya Chutkan, who will determine which allegations in the indictment were unofficial actions and can proceed to trial.
Trump criticized the new indictment as an act of desperation and called for its immediate dismissal.
The special counsel's office stated that the new indictment was issued by a grand jury that had not previously heard evidence in the case and reflects efforts to comply with the Supreme Court's directives.
The revised indictment eliminates references to official acts for which Trump is immune, such as his attempts to involve the Justice Department in investigating election fraud claims.
The original indictment detailed how a Trump Justice Department official, Jeffrey Clark, sought to send a letter to state officials falsely claiming election concerns, but top department officials rejected the idea.
The new indictment no longer names Clark as a co-conspirator and emphasizes that other alleged co-conspirators were acting in a private capacity.
It retains allegations that Trump participated in a scheme to enlist fraudulent electors and pressured Vice President Mike Pence to reject legitimate electoral votes.
The Supreme Court's majority opinion stated that Trump's interactions with Pence constituted official conduct, raising questions about immunity from prosecution.
Justice Ketanji Brown Jackson dissented from the ruling, expressing concerns about immunity in the criminal justice system.
