Donald Trump indicted again in federal election interference case: What to know
Former President Donald Trump faces a new indictment in his election interference case after the U.S. Supreme Court issued a new ruling on presidential immunity.
The indictment secured Tuesday supersedes the existing indictment in the federal criminal case over whether he tried to steal the 2020 election. It is one of four criminal cases the Republican presidential nominee has been charged in.
Those cases faced a new legal landscape as of July when the U.S. Supreme Court made history in deciding when a president is immune from criminal prosecution.
Here is what to know about the new indictment and Trump's other criminal cases.
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What is Trump accused of in the election interference case?
Trump has been accused of trying to steal the 2020 election. He has been indicted on the following charges:
Conspiracy to defraud the U.S.
Conspiracy to obstruct an official proceeding
Obstruction of and attempt to obstruct an official proceeding
Conspiracy against rights
The case accuses Trump of using his campaign to repeat incorrect claims about election fraud and stoke "an intense national atmosphere of mistrust, and anger, and erode public faith in the administration of the election."
Those claims also included Trump's role in directing a crowd to go to the Capitol on Jan. 6, 2021, the indictment states.
Trump has pleaded not guilty and argued the case should be dismissed.
SCOTUS presidential immunity ruling gives grounds for appeals
In July, a divided Supreme Court ruled "official" acts taken by a president are protected from criminal prosecution, but actions as a private citizen are not protected. That means acts taken as a political candidate are not subject to immunity.
Trump had claimed absolute immunity in the election interference case, which was unanimously rejected by a three-judge panel of the D.C. Circuit Court of Appeals. But the Supreme Court opted to decide on limits to criminal prosecution of presidents for the first time.
“The parties before us do not dispute that a former President can be subject to criminal prosecution for unofficial acts committed while in office,” Chief Justice John Roberts wrote for the 6-3 majority that divided along ideological lines. “They also agree that some of the conduct described in the indictment includes actions taken by Trump in his unofficial capacity.”
Tuesday's election interference indictment sought to implement the ruling.
What is different about the new indictment?
The new indictment basically sought to distinguish Trump's private actions and public duties.
It argued that social media posts and his speech on Jan. 6, 2021 were part of his campaign, and therefore not an official and protected act. The Supreme Court had ruled that Trump could not be prosecuted for that conduct because the Justice Department is part of the executive branch that he oversaw as president.
The new indictment also removed allegations against an assistant attorney general who helped Trump pressure the Justice Department to overturn the election results, added phrasing that then-Vice President Mike Pence's role on Jan. 6, 2021 was outside of the executive branch, and listed unindicted co-conspirators as "private" lawyers and consultants.
Trump called the new indictment "ridiculous" in a post on Truth Social and argued it “has all the problems of the old indictment, and should be dismissed IMMEDIATELY.”
What is happening in Trump's other criminal cases?
New York hush money case - Trump was convicted for 34 counts of falsifying business records in May 2024. Trump has entered a motion to dismiss the case based on the Supreme Court's presidential immunity case. The sentencing is tentatively scheduled for Sept. 18, but Trump has asked for that to be pushed until after the election.
Georgia election racketeering case - Trump and 14 other defendants remain in the case that accuses them of trying to steal the election in the state. The case is on hold while an appellate court decides on the defendants' motion to disqualify Fulton County District Attorney Fani Willis on allegations of misconduct and conflict of interest.
Federal classified documents case - U.S. District Judge Aileen Cannon recently dismissed the case that charges Trump with taking hundreds of classified documents and hoarding them. She argued special counsel Jack Smith should have been confirmed by the Senate or Congress, a decision he is trying to appeal. Cannon, who was appointed by Trump, has made a number of unusual decisions in the case that have been favorable to Trump.
Contributing: Maureen Groppe, Aysha Bagchi, Josh Meyer
This article originally appeared on USA TODAY: Trump indicted again: Jack Smith revises election interference case
