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Special counsel files reworked indictment against Trump in election case following Supreme Court ruling

Former President Donald Trump speaks to the press before closing arguments at his civil fraud trial at State Supreme Court in New York on January 11^ 2024

On Tuesday, Special counsel Jack Smith filed a superseding indictment in the election interference case against former President Donald Trump in light of the Supreme Court’s immunity ruling. A federal grand jury charged former President Donald Trump with the same offenses that he originally faced in his criminal election interference case in Washington, D.C.

Smith said in a separate court filing that the new indictment was filed in order to “respect and implement” the views and instructions of a recent Supreme Court decision granting former presidents “presumptive immunity” for their official acts in office. Prosecutors have not dropped any of the four charges that they initially brought against Trump, but the reworked indictment including allegations about Trump’s conduct, including his attempts to use the Justice Department to promote his false claims of election fraud. It also adjusts how prosecutors describe the allegations they are continuing to bring about Trump’s election subversion schemes.

The superseding indictment was presented to a new grand jury that had not previously heard evidence in the criminal case against Trump, adding that the Department of Justice does not oppose letting Trump waive his appearance at an arraignment on the new indictment.

The special counsel’s office said: “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.”

Trump faces one count each of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

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