Special counsel files new indictment in Trump Jan. 6 case
Special counsel Jack Smith filed a new indictment on Tuesday against former President Donald Trump which keeps the same criminal charges but narrows the allegations made against him in his Jan. 6 case.
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 likely to result in a significant revision of the allegations against Trump over his efforts to block the peaceful transfer of power. It was filed three days ahead of a deadline for Smith's office to tell the judge in the case how they wanted to proceed in light of that opinion, which said former presidents are presumptively immune from prosecution for official White House acts.
The special counsel's office said the updated indictment, filed in federal court in Washington, was issued by a grand jury that had not previously heard evidence in the case.
Republican presidential nominee, former U.S. President Donald Trump during the National Guard Association of the United States' 146th General Conference & Exhibition at Huntington Place Convention Center on August 26, 2024 in Detroit, Michigan. (
The original indictment included 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.
It detailed how Jeffrey Clark, a top official in the Trump Justice Department, sought to send a letter to elected officials in certain states falsely claiming that the department had "identified significant concerns that may have impacted the outcome of the election" and had asked top department officials to sign it, but they refused.
Clark’s support for Trump’s election fraud claims led Trump to openly contemplate naming him as acting attorney general in place of Jeffrey Rosen. Trump ultimately relented in his plan to replace Rosen with Clark "when he was told it would result in mass resignations at the Justice Department," according to the original indictment. Rosen remained on as acting attorney general through the end of the administration.
The new case no longer references Clark as a co-conspirator. Trump’s co-conspirators were not named in either indictment, but they have been identified through public records and other means.
About the case
Trump was charged in August 2023 by Smith with conspiring to overturn the results of the 2020 election in the run-up to the Capitol riot on Jan. 6, 2021.
Prosecutors alleged that Trump and his allies knowingly pushed election fraud lies and pressured state officials to overturn President Joe Biden's win. It was also alleged that pressure was put on former Vice President Mike Pence to disrupt the ceremonial counting of electoral votes.
The special counsel accused Trump and his allies of seeking to exploit the pro-Trump mob that attacked the Capitol by trying to convince members of Congress to further delay certifying Biden's victory.