US federal prosecutors filed a superseding indictment Tuesday against former president Donald Trump on four criminal charges related to a federal investigation into interference with the 2020 presidential election. Special Counsel Jack Smith filed the indictment in response to a July Supreme Court decision that US presidents are immune from criminal prosecution for actions taken within their constitutional purview.
The superseding indictment maintains the four original criminal charges and details of subversion activities in multiple states. However, Trump’s role is narrowed to his position as a private citizen and political candidate seeking reelection. Additionally, the revision eliminates several alleged actions he may have taken in his role as acting president including alleged solicitation of Department of Justice officials, consultations with White House legal staff and various public statements.
The revised angle allows the case to move forward within the bounds of the Supreme Court decision of presumptive presidential immunity.
Trump, who denies the charges, issued a statement on his Truth Social platform calling the new indictment “an effort to resurrect a ‘dead’ Witch Hunt,” and stated that it “should be dismissed IMMEDIATELY.” Lawyers for Trump have not yet issued public statements.
The case now moves to US District Court where the judge will decide what, if any, actions outlined in the indictment are covered by presidential immunity. It is unlikely that a decision will be available before the presidential election on November 5.