A Washington D.C. grand jury returned a superseding indictment Tuesday against former President Donald Trump, essentially re-alleging that he conspired to undermine the 2020 election.
Prosecutors took the case back to a grand jury after the U.S. Supreme Court ruled in July that presidents and former presidents of the United States have “absolute immunity” when acting on core constitutional duties and “presumptive immunity” on other matters.
“President’s exercise of his core constitutional powers, this immunity must be absolute,” the high court ruling said. “As for his remaining official actions, he is entitled to at least presumptive immunity.”
The 6-3 ruling found that the president has no immunity for unofficial conduct.
Prosecutors said the superseding indictment addresses those issues.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump v. United States,” Special counsel Jack Smith’s team wrote in court filings.
The superseding indictment contains the same four charges from the earlier indictment.
The Justice Department said it would discuss Trump’s lawyers how to proceed in the case, according to court records.
Trump has denied all the charges and said the case is an example of political persecution by the Democrats.
It would be unlikely that the matter could proceed to trial before the Nov. 5 presidential election.
