Updated Indictment Filed Against Former President Trump

Special Counsel Jack Smith's Superseding Indictment

On August 27, special counsel Jack Smith submitted an updated indictment against former President Donald Trump. This move followed the Supreme Court's ruling that Trump had some degree of presidential immunity from criminal prosecution. The superseding indictment was presented to a new grand jury, which had not previously heard evidence in this case, and it maintains the same criminal offenses as the original indictment. The updated indictment narrows the allegations against Trump by omitting claims related to his interactions with the Justice Department. It no longer mentions former DOJ official Jeffrey Clark as a co-conspirator. However, the superseding indictment still includes four charges against Trump, including those from the financial reform law that the Supreme Court discussed in Fischer v. United States.

Presidential Immunity Explained

In the case of Trump v. United States, the Supreme Court concluded that presidents have multiple levels of immunity from prosecution. These include absolute immunity for acts within their "conclusive and preclusive constitutional authority," a presumption of immunity for their official acts, and no immunity for unofficial acts. The allegations against Trump were divided into three categories: those related to his work with the DOJ, those involving his communication with state electors and his communications on January 6, 2021, and his urging Vice President Mike Pence to not certify the election results in the Senate. Trump was granted absolute immunity from prosecution for the first category. The second category was sent back to the district court to determine whether his actions were official. His communications with Pence are "presumptively immune," but the DOJ can challenge this presumption in court.

Future Proceedings

It remains uncertain how much of the superseding indictment will hold up. Judge Tanya Chutkan will likely receive briefings from both the special counsel and Trump's legal team, who will argue their perspectives on which charges should be dismissed or upheld in the indictment. The Supreme Court has tasked Judge Chutkan with distinguishing between Trump's official and unofficial actions. A status conference has been scheduled for September 5. Experts have suggested that the prosecution will continue beyond the election. If Trump wins the presidency, he is expected to withdraw the case. However, even if he loses, the case could face further appeal and potentially return to the Supreme Court.

Previous Legal Actions

Last year, Trump's legal team filed a motion to dismiss on statutory grounds, claiming that the initial indictment failed to "state an offense." More specifically, it argued that the indictment did not adequately allege the type of deceit or trickery necessary for the first count, which centered on an alleged conspiracy to defraud the United States. On August 3, Judge Chutkan denied the motion without prejudice, stating that Trump "may file a renewed motion once all issues of immunity have been resolved." The superseding indictment was filed just one day after Smith asked the U.S. Court of Appeals for the 11th Circuit to affirm the legitimacy of his office. Florida Judge Aileen Cannon had dismissed his classified documents case against Trump, arguing that Smith's appointment violated the constitution. This case could also reach the Supreme Court, where at least one justice, Justice Clarence Thomas, has expressed concern about Smith's office.

Bottom Line

The legal proceedings surrounding former President Trump's actions during his presidency continue to unfold. With the updated indictment filed by Special Counsel Jack Smith, the case takes a new turn, raising questions about the extent of presidential immunity and the legitimacy of the special counsel's office. What are your thoughts on this ongoing legal saga? Feel free to share this article with your friends and join the conversation. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.