Special counsel Jack Smith filed an updated indictment against former President Donald Trump in Washington on Tuesday in response to the Supreme Court’s ruling that he enjoyed some presidential immunity from criminal prosecution.
In Trump v. United States, a majority of the Supreme Court held that presidents enjoyed several tiers of immunity from prosecution: absolute immunity for acts that fall within their “conclusive and preclusive constitutional authority,” a presumption of immunity for their official acts, and no immunity for unofficial acts.
The special counsel said in the court filing that a new grand jury had approved the same charges against Trump as in the original indictment. The new indictment narrows the allegations against the former president by removing allegations involving his interactions with the Justice Department. It no longer lists as a co-conspirator former DOJ official Jeffrey Clark. Trump responded on Truth Social by calling the new indictment “shocking” and calling for its immediate dismissal.