Special counsel Jack Smith filed a new superseding indictment in former President Donald Trump’s election interference case on Tuesday. Smith aimed to conform with the Supreme Court’s ruling granting broad immunity to presidents for official acts. The new indictment removes charges associated with Trump allegedly directing his Justice Department to conduct phony election fraud investigations and choose fraudulent electors, as the high court ruling protects them as official acts.
Smith filed the indictment just ahead of the DOJ’s “60-day rule,” which discourages filing politically sensitive cases near elections. He said in a written notice to the court that the indictment reflects the finding of “a new grand jury that had not previously heard evidence in this case.”
Smith will not seek to have Trump re-arraigned, and it’s highly unlikely that the case will be resolved before the election.
What does this mean for the campaign? It may not move the needle much, says Eurasia Group’s Clayton Allen.
“Voters will have a hard time keeping [Trump’s] different cases separate, and we've seen them recede as important factors in polling and public opinion,” he says. “Basically, the criminal stuff has been overshadowed by, well, everything that has happened in the last couple of months.”
Still, the ongoing legal actions could have significant implications for Trump. “The dogged attempts by federal prosecutors," says Eurasia Group US managing director Jon Lieber, "make the stakes of this election clear: If Trump loses, he's probably going to jail.”