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

Jack Smith
FILE - Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington.

Prosecutors filed a superceding 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 said the superseding indictment was presented to a new grand jury one that had not previously heard evidence in the case. The papers said 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.

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