Jack Smith files superseding indictment against Trump in Jan. 6 case

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Special counsel Jack Smith has been consulting with other officials inside the Justice Department for weeks about the Jan. 6 case against Donald Trump. / Getty Images

Prosecutors filed a superseding indictment in the federal criminal case against Donald Trump, the Republican presidential nominee, after the Supreme Court granted the former president substantial immunity, according to a new court filing.

Court papers say the superseding indictment was presented to a new grand jury that had not previously heard evidence in the case. The papers say the new indictment "reflects the Government's efforts to respect and implement the Supreme Court's holdings and remand instructions."

Prosecutor Molly Gaston, in a new court filing, said the Justice Department will not insist that Trump make an in-person appearance for arraignment on the new indictment. The Justice Department said it will confer with Trump's lawyers and try to come up with a joint proposal for how to proceed in the case. Judge Tanya Chutkan had asked for an update by Friday.

Special counsel Jack Smith has been consulting with other officials inside the Justice Department for weeks about the case, which accuses then-President Trump of leading a conspiracy to overturn the 2020 presidential election and disenfranchise millions of voters. The scheme allegedly culminated in a cascade of violent attacks on police at the U.S. Capitol three years ago.

Trump has denied all charges. His lawyers have said Trump's words and actions on and before Jan. 6, 2021, amounted to legitimate inquiry about possible election fraud. A conservative supermajority on the Supreme Court largely sided with Trump, giving the former president absolute immunity from prosecution for acts that were "core" to his official duties.

In a statement on Truth Social on Tuesday, Trump called the superseding indictment "an effort to resurrect a 'dead' Witch Hunt." He alleged that the "ridiculous new Indictment against me" should be dismissed.

The high court ruling, written by Chief Justice John Roberts, specifically carved out part of the case where Trump had been accused of misusing the Justice Department to pursue phony theories of fraud at the ballot box. But the opinion left open many critical questions for a D.C. trial judge to pursue.

Chutkan asked lawyers for both Smith and Trump for guidance about how to proceed.

There's no chance the case will be tried before Election Day in November. And if Trump prevails, he could direct his appointees at the Justice Department to drop it next year.