Special counsel Jack Smith has charged former President Donald Trump in a superseding indictment in his federal election interference case.
"Today, a federal grand jury in the District of Columbia returned a superseding indictment, ECF No. 226, charging the defendant with the same criminal offenses that were charged in the original indictment," a Justice Department spokesperson said Tuesday.
"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 respect and implement the Supreme Court's holdings and remand instructions," the spokesperson said.
Trump last August pleaded not guilty to federal charges of undertaking a "criminal scheme" to overturn the results of the 2020 election in an effort to subvert democracy and remain in power. Last month, in a blockbuster decision, the U.S. Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office, and sent the case back to the trial court to sort out which charges against him can stand.
The superseding indictment retains the four original charges against Trump from the special counsel's original indictment -- but is pared down to adjust to the Supreme Court's ruling.
For instance, it removes the allegations of how Trump allegedly sought to use the Justice Department in his efforts to overturn the election -- which was explicitly mentioned in the Supreme Court's ruling as falling within his official duties.
It also identifies Trump as "a candidate for President of the United States ... who was also the incumbent President" and says that he "had no officials responsibilities related to any state's certification of the election results."
The superseding indictment is 36 pages, while the original indictment was 45 pages.
It comes just days after Smith, in a filing, urged the Eleventh Circuit Court of Appeals to reverse a federal judge's surprise dismissal of Trump's classified documents case.
This is a developing story. Please check back for updates.
