The new indictment removes a section of the indictment that had accused Trump of trying to use the law enforcement powers of the Justice Department to overturn his election loss, an area of conduct for which the Supreme Court, in a 6-3 opinion last month, said that Trump was absolutely immune from prosecution.
The stripped-down criminal case represents a first effort by prosecutors to comply with a Supreme Court opinion that made all but certain the Republican presidential nominee won't face trial before the November election in the case alleging he tried to thwart the peaceful transfer of power.
It comes days before prosecutors and defense lawyers are expected to tell the judge overseeing the case how they want to proceed in light of the Supreme Court's ruling, which said presidents are presumptively immune from prosecution for official White House acts. The high court sent the case back to U.S. District Judge Tanya Chutkan, who now must analyze which allegations in the indictment were unofficial actions — or those taken in Trump's private capacity — that can proceed to trial.
In a statement on his Truth Social platform, Trump called the new indictment “an act of desperation” and an “effort to resurrect a ‘dead’ Witch Hunt.'” He said the new case has “all the problems of the old Indictment, and should be dismissed IMMEDIATELY. ”
The new indictment does away with references to allegations that could be deemed as official acts for which Trump is entitled to immunity in light of the Supreme Court’s ruling. That includes allegations that Trump tried to enlist the Justice Department in his failed effort to undo his election loss, including by conducting sham investigations and telling states — incorrectly — that significant fraud had been detected.
In its opinion, the Supreme Court held that a president’s interactions with the Justice Department constitute official acts for which he is entitled to immunity.
