A superseding indictment has been filed against former President Donald Trump by special counsel Jack Smith in Washington on August 27. This comes after the Supreme Court ruled that Trump had some presidential immunity from criminal prosecution. The updated indictment, presented to a new grand jury, mirrors the original charges and is in line with the Supreme Court’s rulings in Trump v. United States.
The new indictment narrows the allegations against Trump by removing claims related to his interactions with the Justice Department and former DOJ official Jeffrey Clark. Although Trump’s alleged co-conspirators were not named in the indictments, their identities have been disclosed through public records and other means.
In response to the new indictment, Trump expressed his shock on TruthSocial and called for its immediate dismissal. Chief Justice John Roberts’ majority opinion categorized the allegations into three groups: Trump’s work with the Department of Justice (DOJ), his communication with state electors and on January 6, 2021, and his urging of Vice President Mike Pence to not certify the election results in the Senate.
The Supreme Court granted Trump absolute immunity from prosecution for the first category. For the second category, the court referred the issue to the district court to determine if Trump’s actions were official. Regarding his communications with Pence, they are considered presumptively immune, but the DOJ can challenge this presumption in court.
The extent to which the superseding indictment will stand is currently uncertain. D.C. Judge Tanya Chutkan will likely consider arguments from both the special counsel and Trump’s legal team on which charges should be dropped or maintained in the indictment. Judge Chutkan has scheduled a status conference for September 5.
Legal experts have stated that the prosecution will likely continue beyond the election. If Trump wins the presidency, it is expected that he will withdraw the case. However, if he loses, additional appeals could take place, potentially leading the case back to the Supreme Court.
In the previous year, Trump’s legal team filed a motion to dismiss the initial indictment, claiming that it failed to state an offense. More specifically, it alleged that the indictment did not provide sufficient evidence for the first count, which focused on an alleged conspiracy to defraud the United States.
Florida Judge Aileen Cannon dismissed Trump’s classified documents case against him, citing the violation of the Constitution by Smith’s appointment. This case may also reach the Supreme Court, as Justice Clarence Thomas expressed concern about Smith’s office in his concurrence for Trump v. United States. Although no other justices joined this opinion, Justice Brett Kavanaugh expressed similar concerns during oral arguments.
Judge Cannon limited her decision to the documents case, but it raised doubts about the validity of other prosecutions led by Smith’s office.
Discover more from Tension News
Subscribe to get the latest posts sent to your email.