Here we go again. On Tuesday afternoon, special counsel Jack Smith filed a new indictment against Trump related to alleged interference in the 2020 election.
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“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,” Smith wrote in a filing notice. “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.”
According to the Justice Department website, “If an indictment is dismissed because of legal defect or grand jury irregularity, the government may return a new indictment within six months of the date of dismissal or within the original limitation period (whichever is later). After the original limitation period has expired, a superseding indictment may narrow, but not broaden, the charges made in the original indictment.”
The narrowed indictment reflects last month’s Supreme Court ruling that granted presidents wide immunity from prosecution for actions taken while in office. That ruling sent the case back to the lower court for adjudication.
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Among other things, the new indictment removes the charge that Trump sought to use the Department of Justice to overturn the election—something the Supreme Court explicitly singled out in Trump v. United States.
“Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” the justices wrote.
According to Smith, “The Government does not oppose waiver of the defendant’s appearance for arraignment on the superseding indictment. As this Court directed, ECF No. 197, the Government will confer with the defense and make a joint proposal, to the extent possible, regarding pretrial litigation in the status report due Friday.”
New Trump Indictment by PJ Media on Scribd