Donald Trump Struck With New Election Fraud Indictment by Special Counsel Jack Smith
Special Counsel Jack Smith has filed a superseding indictment against Donald Trump related to the 78-year-old's efforts to overturn the 2020 election.
According to the United States Department of Justice website, a superseding indictment can be put forth if "an indictment is dismissed because of legal defect or grand jury irregularity," allowing the government to "return a new indictment within six months of the date of dismissal or within the original limitation period (whichever is later)."
This comes after the Supreme Court's bombshell ruling earlier this year, which found Trump has "absolute immunity" for "official acts" he committed as POTUS.
Smith's updated documents charge the 78-year-old with the same four counts — conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
Per the filing, Smith stated the changes made showed "the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States."
Following news of the indictment, former Trump Organization attorney William Brennan called the filing a "slick move," during his Tuesday, August 27, appearance on CNN's The Lead.
"It’s not uncommon for [a] prosecutor to do this. It’s actually a smart move ... he now supersedes [the previous indictment]. He streamlines, and he tries to take that indictment further. I mean, it really is, a smart move on Jack Smith’s part. Whether it’ll survive is, is unclear right now, but, it is a slick move."
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Brennan then predicted Trump's legal team would file motions that said "we basically got the same old indictment, signed up purportedly as something new. That this case has been, ruled on already. That this shouldn’t change anything."
"It really probably will come down to whether or not what’s, remaining in the superseding indictment is outside the perimeters. You know, the heartland of the Supreme Court’s recent ruling on presidential immunity," he added. "That’s really where the rubber hits the road here."
As OK! previously reported, Trump is the first current or former U.S. president to ever be hit with criminal charges.
He was indicted four times in 2023 — first for falsifying business documents, second for allegedly mishandling classified documents discovered at his Mar-a-Lago resort, as well as a third and fourth time related to his allegedly fraudulent attempts to overturn the 2020 presidential election results.
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Trump's first indictment went to trial in April 2024. He faced 34 counts of falsifying business documents in relation to a hush money payment made to Stormy Daniels prior to the 2016 election.
In May, a jury ruled he was guilty on all counts.
The 78-year-old has yet to be sentenced.