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The indictment is slightly shorter than the previous one Smith brought last August, as the special counsel excised portions of it after the Supreme Court ruled in July that some of the initial indictment included activity protected by presidential immunity.
The move by Smith is a sign that the special counsel is not backing down from criminally charging Trump in the wake of the Supreme Court’s decision, which legal experts widely suspected would derail Smith’s case. Smith alleged in the initial indictment that former Department of Justice official Jeff Clark was one of six unnamed co-conspirators in the case and that Clark opened “sham election crime investigations” at the behest of Trump and against DOJ leadership’s wishes. Prosecutors dropped Clark as a co-conspirator and removed mentions of Trump’s interactions with him.
Armed with the favorable Supreme Court opinion, Trump is likely to raise significant challenges to Smith’s superseding indictment based on the high court’s newly outlined definition of presidential immunity.the “entire indictment” brought by Smith in Washington was “based off of immunized communications and conduct.”
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