US prosecutors have issued new charges against former President Donald Trump in connection with his alleged attempts to interfere in the 2020 election, in which he lost to Joe Biden.
These charges come in response to a recent US Supreme Court ruling that grants presidents broad immunity from criminal prosecution for official acts while in office.
The revised indictment maintains the same four criminal counts against Trump but redefines them to focus on his status as a political candidate rather than a sitting president.
The new indictment, brought by Department of Justice Special Counsel Jack Smith, keeps intact the original four charges: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights.
Trump, who has pleaded not guilty to all charges, continues to deny the election interference allegations, while also maintaining his claim—without evidence—of widespread voter fraud in the 2020 election.
In a post on Truth Social, Trump described the new indictment as “an effort to resurrect a ‘dead’ Witch Hunt” and called for its immediate dismissal. His personal lawyer, Todd Blanche, directed inquiries to the Trump campaign, which did not provide a comment.
A source close to Trump’s legal team expressed no surprise at the new charges, stating, “This is what the government is supposed to do based on what the Supreme Court did,” but reiterated the belief that the case is flawed and should be dismissed.
The revised indictment, now 36 pages long (down from 45), reworks the language of the allegations to align with the Supreme Court’s ruling on presidential immunity. For example, it no longer includes claims that Trump pressured Justice Department officials to overturn his defeat, as the court determined that his directions to those officials were not illegal. The special counsel’s office explained the update as a necessary step to comply with the Supreme Court’s ruling.
The new charges argue that Trump acted as a private citizen, not as president, when he allegedly tried to sway the election results. The indictment cites his personal interest as a candidate in being declared the winner of the election as a key factor. The document also refines other allegations, including those related to a lawsuit his campaign filed in Georgia, now described as being in his capacity as a candidate for president.
One significant change in the new indictment is the apparent removal of charges against Jeffrey Clark, a former Justice Department official implicated in the so-called fake electors scheme. This scheme allegedly sought to interfere with the Electoral College process by attempting to replace legitimate electors with falsified ones in states won by Biden.
The revised indictment keeps several critical allegations intact, including that Trump attempted to persuade then-Vice President Mike Pence to obstruct Biden’s election certification.
In its ruling, the Supreme Court indicated that conversations between Trump and Pence likely fall under the category of official acts, with Chief Justice John Roberts writing that Trump is “presumptively immune from prosecution.” However, it remains unclear how this presumption might be rebutted in court.
Daniel Charles Richman, a constitutional law expert at Columbia Law School, noted that while the new indictment suggests that the case against Trump could proceed despite the Supreme Court’s ruling, it is uncertain whether it meets the court’s framework on presidential immunity. Richman also pointed out that the new indictment might not expedite the case, and it is doubtful that it will be heard before the next election.
As the case unfolds, Trump’s legal team is expected to request additional time to prepare, which could delay the start of the trial if granted by the judge. This case is one of two federal investigations overseen by Special Counsel Jack Smith, who was appointed by Attorney General Merrick Garland in 2022. The other investigation involves accusations that Trump took classified documents to his Florida residence after leaving office.
Follow us on:
