CNN
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Special counsel Jack Smith filed a superseding indictment Tuesday in the election interference case against former President Donald Trump, narrowing the allegations against the 2024 presidential candidate in light of the Supreme Court’s immunity ruling.
Prosecutors have not dropped any of the four charges originally brought against the former president. However, the newly revamped indictment has taken stock of some of Trump’s alleged behavior, including allegations that he tried to use the Justice Department to promote his false claims of election fraud.
It also changes how prosecutors describe the allegations they continue to make about Trump’s election subversion plans.
“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 comply with and implement the Supreme Court’s decisions and remand instructions in Trump v. United States,” the special counsel’s office said.
In the redrafted indictment, prosecutors repeatedly argue that Trump had no constitutional presidential obligations regarding the transition of power after the election.
They did so to underscore how the new indictment complies with the Supreme Court’s decision, which granted immunity for some of Trump’s actions that fell within his official powers.
In one case, prosecutors highlighted the Electoral College certification process that took place during a joint session of Congress on January 6, 2021. Part of the criminal charges accuse Trump of illegally obstructing the certification process.
“The defendant had no official responsibility related to the certification process, but he had a personal interest as a candidate in being named the winner of the election,” the superseding indictment states, in a new line that was not in the original indictment.
Another example is the lawsuit brought by Trump’s campaign over the Georgia election results, which he narrowly lost. The old indictment said the lawsuit was “brought on his behalf,” but the new indictment says it was “brought in his capacity as a candidate for president.”
Trump has pleaded not guilty to the charges against him.
This story has been updated with additional details.
