WASHINGTON – On Tuesday, prosecutors filed a new indictment against former President Donald Trump regarding his federal election interference case. This updated indictment aims to address the Supreme Court’s ruling from July, which affirmed Trump’s broad immunity concerning actions carried out in his capacity as president.

The revised indictment seeks to differentiate between Trump’s personal actions, which could lead to charges, and his official responsibilities, which would be protected from prosecution. For instance, it claims that Trump’s false assertions of election fraud posted on social media and during his speech outside the White House on January 6, 2021, were linked to his campaign and thus categorized as “private” activities instead of official actions.

A significant modification in the indictment includes the removal of allegations against Jeffrey Clark, an uncharged co-conspirator and former assistant attorney general. Clark was involved in efforts to pressure other Justice Department officials to annul the 2020 election results, but many references to these actions were excluded from the new indictment.

The Supreme Court had previously ruled that Trump could not be prosecuted for such conduct, as the Justice Department is a component of the executive branch under his authority as president.

In a post on Truth Social, Trump criticized the new indictment as “absurd,” asserting it retains “the same flaws as the previous indictment” and calling for its immediate dismissal.

Indictment States Trump’s Claims of Voter Fraud in 2020 Were False

According to Peter Carr, a spokesperson for special counsel Jack Smith, a grand jury that had not previously reviewed this case modified the indictment to comply with the Supreme Court’s ruling.

“Despite his defeat, the Defendant – who was also serving as president – was intent on retaining his position,” the indictment states. “For over two months after Election Day on November 3, 2020, the Defendant disseminated falsehoods claiming fraud that would determine the election outcome and insisted he had won. These assertions were patently false, and the Defendant was aware of their falsehood.”

Trump is accused of attempting to leverage the Justice Department to initiate unfounded investigations into election crimes to persuade state legislatures with claims he supposedly knew to be untrue. State election officials and former Attorney General Bill Barr had informed him that allegations of widespread voter fraud were both investigated and found to be baseless.

However, the Supreme Court decided that the former president cannot be charged for actions within his exclusive constitutional rights.

“Trump is therefore completely immune from prosecution for the conduct related to his communications with Justice Department officials,” Chief Justice John Roberts articulated in the court’s ruling.

Judge Chutkan Must Determine Which Charges Align with the Supreme Court’s Decision

U.S. District Judge Tanya Chutkan, who is overseeing the case, will need to decide which charges, if any, are permissible following the Supreme Court’s ruling. Trump has entered a plea of not guilty and contends that the case should be thrown out. Nonetheless, Smith is expected to present a proposed timetable for addressing the charges on Friday.

The updated indictment includes wording clarifying that former Vice President Mike Pence was acting in his role as president of the Senate while he oversaw the Electoral College vote count on January 6, 2021. Pence rejected Trump’s requests to acknowledge Republican electors in states won by President Joe Biden.

The Supreme Court stated that Trump’s assumption of immunity for actions taken as part of his official duties could be challenged based on the specific circumstances. For example, the court indicated that while the vice president plays a significant role in advising and assisting the president, his task of “presiding over the Senate” is “not an ‘executive branch’ function.”

“Ultimately, the Government must demonstrate that this presumption of immunity does not apply,” Roberts emphasized, before sending the case back to Judge Chutkan for further examination.

Another adjustment in the revised indictment identified uncharged co-conspirators as “private” lawyers and advisors. This description applies to attorneys Rudy Giuliani, John Eastman, Sidney Powell, and Kenneth Chesebro, who Trump’s allegations of extensive election fraud were promoted and a plan was put in place to provide alternative elector slates.

While the private attorneys involved haven’t faced charges in the federal case, they are dealing with cases at the state level in Arizona and Georgia. Powell and Chesebro have entered guilty pleas in Georgia, and the consultant, Boris Epshteyn, has been charged in Arizona.

The indictment stated that Trump posted misleading information about the election on X, formerly known as Twitter. It noted that although he used social media to engage with the public as president, “he also frequently leveraged it for personal reasons − including disseminating knowingly false claims regarding election fraud.”

The indictment characterized Trump’s speech on January 6, 2021, as “filled with disproven lies,” labeling it “a campaign address at a privately funded, privately organized political rally held on the Ellipse in Washington, D.C.”

Contributing: Maureen Groppe