Jack Smith files revised Trump indictment in J6 case to address immunity ruling

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.

“The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election,” the superseding indictment said.

Trump has been accused of obstructing the certification of the electoral results, which saw President Joe Biden certified as the winner of the 2020 election over Trump.

The former president has pleaded not guilty to all four charges. 

The timing of Smith's revised indictment raised eyebrows in some legal circles Tuesday night because the Justice Department manual explicitly states prosecutors should avoid taking actions that have the "purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party."

DOJ has traditionally interpreted that provision to mean banning the filing of indictments or the executing of overt investigative steps within 60 days of voting. Early voting for 2024 starts in some states like Minnesota and South Dakota on Sept. 20, or less than a month and well within the 60-day window,  conservatives noted Tuesday evening.

Former Senate Judiciary Committee lawyer Mike Davis, founder of the Article III Project,  said he believes Smith knows there was little chance of getting a trial started against Trump before the November election and the the revised indictment may have been devised to force court activity detrimental to Trump before Election Day.

“His goal is to have an evidentiary hearing, a mini-trial, in front of D.C.-Obama Judge Tanya Chutkan before the election on presidential immunity to try to interfere in the election,” Smith said.

Smith and his defenders have rejected any accusations of political motive, noting the cases were filed well before the start of the 2024 election season and that the DOJ manual doesn't preclude a trial from starting if the charges were already filed outside the election season.

"We are in full compliance with the Justice Manual," Smith's deputy, Jay Bratt, told a judge in Florida earlier this year who raised issues of election interference.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.