Smith Files Superceding Trump Indictment

Special Counsel Removes Some Charges, but Bulk of Indictment Remains

In a significant legal maneuver that appears to. have caught many observers by surprise, Special Counsel Jack Smith has just filed a new superseding indictment, compressing the original 45-page document down to 36 pages. This latest version notably omits details about interactions with Justice Department officials, as this was the clearest area to be exluded based on the Supereme Court ruling which specifically found that these interactions—even though blatantly designed to thwart the election outcome —fell within the bounds of “official duties.”

The timing of this filing is particularly is interesting, as it comes just days before both parties were scheduled to submit briefs to the court on how to proceed following the Supreme Court’s recent ruling that granted immunity. By filing this streamlined indictment now, Smith has preempted potential complications arising from the ruling, allowing him to refocus the case on core allegations without the distraction of the now-immune interactions.

Read the full indictment here.: https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.228.0_1.pdf

One interesting piece of it is that it no longer references 45th President of the United States — it’s focused on Donald Trump, candidate for President in 2020. This helps focus the case in alignment with the Supreme Court ruling.

The Trump legal team will get their say — and of course they will try to gut this indictment, claiming that most or all of the actions were “official actions.” One are where they are likely to get traction is that Smith has keplt most of the issues around Vice President Mike Pence in the indictment, albeit with some different wording—and a number of legal observers doubt that will last.

Comment: I think this is a smart move by Smith. Filing a superseding indictment is the clearest way to sharpen the focus of the case and ensure that the prosecution can proceed effectively in the wake of the Supreme Court’s decision. By trimming the indictment and eliminating potentially problematic content, Smith has likely strengthened his position as the case moves forward. It’s sometimes easier to just show the court how to proceed, via indictment, than present a brief arguing it theoretically — although of course there will be that, as well, coming soon.