The indictment dropped the allegations that Trump attempted to pressure the U.S. Justice Department to overturn the results of the 2020 election, but does include charges of conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against right.
Special Counsel Jack Smith on Tuesday filed a superseding indictment against former President Donald Trump, changing some of the charges to better reflect the Supreme Court’s ruling on presidential immunity.
The Supreme Court ruled last month that presidents and former presidents are exempt from prosecution when it comes to core presidential actions, and presumptive immunity for other official acts. But the Supreme Court sent the January 6 case back to the lower courts to determine what actions constitute “official” acts.
The indictment dropped allegations that Trump attempted to pressure the U.S. Justice Department to overturn the results of the 2020 election, but still includes charges of conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, and obstruction of an official proceeding, among others, according to Forbes.
“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 in Trump v. United States,” the special counsel’s office said, per CNN.
The indictment did not change any of the charges, but it did rework the wording in the indictment, including the framing of those charges. For example, the prosecutors claimed Trump did not have any constitutionally assigned duties related to the transition of power, which was obstructed by rioters on January 6, 2021.
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