Donald Trump

Ilya Somin | 8.28.2024 5:46 PM

Yesterday special counsel Jack Smith filed a revised, superseding indictment in the federal criminal case against Donald Trump for his attempts to overturn the results of the 2020 presidential election. The revised indictment attempts to address the Supreme Court's flawed decision in Trump v. United States, which ruled that presidents have broad immunity against criminal prosecution for "official acts," but was far from clear about exactly how far that immunity extends. On an e-mail list that we are both members of, Princeton legal scholar Kim Lane Scheppele posted a helpful summary of how the revised indictment differs from the original one, which she has kindly agreed to allow me to reprint here:

Complying with the SCOTUS immunity decision, Smith seems to have scrubbed all "official conduct" evidence from the case and presented it again before a new grand jury, which brought forth this indictment. That move make it more difficult........

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