WASHINGTON — Special counsel Jack Smith Tuesday announced that a grand jury had reindicted former President Donald Trump on four charges related to his Jan. 6, 2021, coup attempt to honor the direction given by the U.S. Supreme Court in its July ruling holding that Trump was immune from criminal prosecution for “official acts.”
“Today, a federal grand jury in the District of Columbia returned a superseding indictment,” Smith wrote in a separate filing to U.S. District Judge Tanya Chutkan, who is handling the case. “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.”
The “superseding” indictment, as it is known, charges Trump with the same four counts as in the original indictment that was filed a year ago: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding and conspiracy to deprive millions of Americans of their right to have their votes counted.
It follows the same narrative structure, laying out how Trump spent months after losing his 2020 reelection bid laying the groundwork for the violent assault on the Capitol by his mob of followers.
“Despite having lost, the defendant ― who was also the incumbent president ― was determined to remain in power,” Smith wrote. “So, for more than two months following election day on November 3, 2020, the defendant spread lies that there had been outcome-determinative fraud in the election [that] he had actually won. These claims were false, and the defendant knew that they were false.”
But Smith’s new indictment does not reference Trump’s efforts to enlist federal government employees in the executive branch — who all technically report to him. For instance, the original indictment had mentioned a Department of Justice official whom Trump considered making his attorney general because of his willingness to tell state officials that voter fraud had occurred. The new indictment does not include the official as a coconspirator, but does still include the other five individuals who were not in government.
The Supreme Court ruled in July that Trump had immunity from prosecution for “official” acts, and specifically cited the ability to hire and fire executive branch employees to carry out his wishes.
This is a developing story. Please check back for updates.