U.S. prosecutors have revised the charges against former President Donald Trump in connection with his alleged efforts to interfere with the 2020 election after losing the contest. The updated indictment aims to address concerns raised by a recent Supreme Court ruling, which suggested that presidents have broad immunity from criminal prosecution for official acts, casting doubt on the case.
Trump is accused of attempting to pressure officials to overturn the election results, deliberately spreading misinformation about election fraud, and seeking to use the January 6 Capitol riot to delay the certification of Joe Biden’s victory. He denies these allegations, asserting that he did not engage in any unlawful activities.
It is unlikely that this case, along with other criminal cases against Trump, will proceed to trial before the upcoming election on November 5.
The revised indictment, filed by Special Counsel Jack Smith of the Department of Justice (DoJ), retains the four original charges: conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, attempting to obstruct an official proceeding, and conspiracy against rights. However, the updated charges focus on Trump’s actions as a political candidate rather than as a sitting president.
Trump has pleaded not guilty to all charges. He criticized the new indictment on his Truth Social platform, calling it an attempt to revive a “dead” investigation and distract from the current election. He demanded that the indictment be “dismissed IMMEDIATELY.”
While Trump’s campaign did not respond to BBC’s request for comment, a source close to his legal team told CBS News, the BBC’s U.S. partner, that the revised indictment was expected. The source argued that the indictment does not alter their stance that the case is flawed and should be dismissed.
The updated indictment, which has been condensed from 45 to 36 pages, revises the language of the allegations to reflect the Supreme Court’s recent ruling on presidential immunity. It argues that Trump acted as a private citizen, not as president, in his alleged efforts to influence the election.
The new indictment specifies that Trump had no official responsibilities regarding the certification process but had a personal interest as a candidate in winning the election. Additionally, it clarifies that a lawsuit filed by Trump’s campaign in Georgia was filed in his capacity as a presidential candidate, not in his personal name.
The revised document also removes charges against Jeffrey Clark, a former DoJ official involved in the “fake electors” scheme, who was previously identified through public records but not named in the indictment. Furthermore, the indictment no longer alleges that Trump attempted to coerce DoJ officials into overturning the election results, as the Supreme Court deemed such actions legal.
The special counsel’s office noted that the superseding indictment was presented to a new grand jury that had not previously reviewed evidence in the case. A grand jury is convened to determine whether there is sufficient evidence to proceed with prosecution.