In a significant development, Special Counsel Jack Smith has revised the indictment against former President Donald Trump, reflecting changes necessitated by the Supreme Court’s recent ruling on presidential immunity. The new indictment, while still charging Trump with the same four criminal offenses, includes several notable alterations from the original version.
Key Changes in the Indictment
One of the most substantial changes in the superseding indictment is the removal of any references to the Department of Justice (DOJ). The original indictment detailed Trump’s alleged attempts to use the DOJ to support his claims of election fraud in key states. It accused Trump of working with then-Assistant Attorney General Jeffrey Clark to have the DOJ falsely claim that there were significant concerns about the integrity of the election results. These allegations have been entirely removed in the new document.
Additionally, the new indictment no longer includes specific details about Trump’s actions on January 6, 2021, particularly his alleged refusal to call off rioters during the Capitol attack. The previous version described how Trump ignored pleas from senior officials, including his White House counsel and then-House Minority Leader Kevin McCarthy, to intervene. These descriptions have been omitted, with the new indictment instead noting that Trump spent much of the afternoon of January 6 reviewing Twitter on his phone while watching live coverage of the events on television.
Framing Trump’s Statements as Unofficial
Another notable revision is the way Trump’s statements are framed. The new indictment describes his actions and statements as those of “a candidate for President of the United States” rather than as the “forty-fifth President of the United States.” This subtle change underscores the effort to present Trump’s conduct during this period as part of his campaign activities rather than official presidential actions. For example, Trump’s statements during the Ellipse rally on January 6 are now described as a “campaign speech,” emphasizing their unofficial nature.
The indictment also modifies the presentation of Trump’s interactions with Vice President Mike Pence. While the original document detailed multiple instances where Pence and other officials corrected Trump’s false claims about voter fraud, the revised indictment is more general. It briefly mentions that Trump was informed his claims were untrue by those closely involved in his re-election efforts, including his running mate.
Streamlining the Case Against Trump
Overall, the superseding indictment appears to streamline the narrative against Trump, focusing more on his personal interest as a candidate in the 2020 election rather than his official capacity as president. This adjustment likely reflects an attempt to navigate the legal landscape following the Supreme Court’s ruling, which clarified the extent of presidential immunity concerning certain actions taken while in office.
Despite the changes, Special Counsel Jack Smith has maintained the core charges against Trump, signaling a continued commitment to pursuing the case. Trump and his allies have criticized the new indictment, calling it another attempt to interfere with the election. Trump’s running mate, Senator JD Vance, echoed these sentiments, describing the revised indictment as an effort to influence the electoral process.
As the legal proceedings move forward, the revised indictment will likely be scrutinized by both legal experts and the public, as it raises important questions about the balance between presidential actions and campaign activities. The case continues to be a focal point in the ongoing discussions about accountability and the boundaries of presidential power.
