The Superseding Indictment Against Trump: A Quick Analysis

Keith
2 min readAug 27, 2024

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A grand jury of Americans just handed down a superseding indictment against Donald Trump for conspiracies against the United States for his criminal acts to overturn the election. You can read the revised indictment HERE. The superseding indictment is intended to cure issues created by the Supreme Court’s decision granting Trump immunity for many criminal acts committed while President.

It’s 36 pages as opposed to the original indictments 45, so obviously some of it has been cut. However, the indictment retains all four of the original charges against Trump for Conspiracies Against the United States (18 U.S.C. § 371), Conspiracy to Obstruct An Official Proceeding (18 U.S.C. § 1512(k)), Conspiracy to Obstruct An Official Proceeding (18 U.S.C. 1512c(2)), and Conspiracy Against Rights (18 U.S.C. 241).

The superseding indictment drops former Department of Justice Attorney Jeffrey Clark as a coconspirator for his efforts to get the Attorney General to send a knowingly false letter to state legislatures falsely claiming the DOJ had found evidence of widespread election fraud.The Supreme Court declared this sort of internal discussion was entitled to absolute immunity. Allegations against Trump related to this issue are also dropped. This is the stand out difference that I see between the two indictments.

The superseding indictment retains allegations related to Trump’s efforts to convince Pence to throw out electoral votes during the certification. The Supreme Court had suggested this might be within an area of presumptive immunity for Trump leaving it to the lower court to decide the matter. Smith could have rendered the issue moot by not pushing it, but chose to keep it.

Also retained are the allegations that Trump attempted to deprive all of us of our right to vote and have our vote count.

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Keith

Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80