How the Trump election subversion indictment changed after Supreme Court ruling
The special counsel’s new indictment charging former President Donald Trump for his efforts to overturn the 2020 election made changes large and small to accommodate the Supreme Court’s landmark ruling on presidential immunity.
An indictment that once offered vivid details of Trump’s effort to enlist federal officials in his scheme to overturn the election removed any mention of the Department of Justice. Detailed accounts of how advisers corrected Trump about his claims of election fraud are gone along with Trump’s statements to his inner circle as rioters stormed the Capitol.
Prosecutors also made minor changes, such as describing Trump as "a candidate for President of the United States" rather than "the forty-fifth President of the United States" in the indictment’s opening lines. Trump’s official statements from within the White House were subtly removed, while other examples were framed as unofficial or "in his capacity as a candidate for office."
"The Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election," the new indictment said.
Special Counsel Jack Smith presented evidence to a new grand jury, which returned an indictment charging Trump with the same four criminal offenses he originally faced.
The indictment removes details about Trump’s actions on Jan. 6, including refusing to call off rioters.
The superseding indictment removes once-damning allegations about Trump’s refusal to act as rioters stormed the Capitol and his overall behavior as described by advisers.
According to the original indictment, Trump refused to approve a message directing rioters to leave the Capitol despite the urging of senior officials, including the White House counsel and his chief of staff.
Later that day, Trump allegedly resisted former House Republican Leader Kevin McCarthy’s plea to call off rioters.
"The Defendant told the Minority Leader that the crowd at the Capitol was more upset about the election than the Minority Leader was," the indictment said.
According to the original indictment, Trump also remarked to advisers in the Oval Office that "this is what happens when they try to steal an election. These people are angry. These people are really angry about it. This is what happens."
On the evening of Jan. 6, Trump also rejected the request of his White House Counsel to withdraw any objections to the certification of the election, the indictment said.
The superseding indictment appears to have streamlined its account of Trump’s behavior while omitting the statements once included in the original indictment.
"He spent much of the afternoon reviewing Twitter on his phone, while the television in the dining room showed live events at the Capitol," the superseding indictment said.
The indictment removes allegations about Trump’s use of the Department of Justice.
Compared to the original indictment, Tuesday’s superseding indictment removed five pages of allegations detailing how Trump allegedly used the Department of Justice to further his claims of election fraud.
Prosecutors originally alleged that Trump attempted to use the Department of Justice to further false claims of election fraud in key states to give Trump’s "lies the backing of the federal government."
When DOJ officials rebutted Trump’s claims that the Justice Department could alter the outcome of the election, Trump allegedly responded, "Just say that the election was corrupt and leave the rest to me and the Republican congressmen," the original indictment said.
The indictment originally detailed how Trump allegedly worked with co-conspirator four – identified by ABC News as former Assistant Attorney General Jeffrey Clark – to have the Department of Justice send a letter to key states falsely claiming that the Justice Department "identified significant concerns that may have impacted the outcome of the election." Trump allegedly planned to make Clark his acting attorney general in the final days of his presidency but was stopped when warned that such a move would result in mass resignations.
Once a core pillar of the case against Trump, all mentions of the Justice Department have been removed from the new indictment.
The indictment attempts to salvage key evidence.
The new indictment appears to make minor changes to salvage key evidence, including Trump’s call to Georgia officials about finding votes and Vice President Mike Pence’s notes.
The new indictment still describes Trump’s January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, where Trump said he wanted "to find 11,780 votes" but added context to Meadows’ role in the call.
"On January 2, four days before Congress's certification proceeding, the Defendant, his Chief of Staff – who sometimes handled private and Campaign-related logistics for the Defendant – and private attorneys involved in the lawsuit against Georgia's Secretary of State called the Secretary of State," the superseding indictment said.
The indictment still mentions Vice President Pence’s contemporaneous notes of a key meeting with Trump about the proposed plan to reject legitimate electors on Jan. 6.
"Did you hear that? Even your own counsel is not saying I have that authority," Pence told Trump.
The new indictment only makes slight changes to the section referencing the notes, cutting a line that the "White House Counsel previously had pushed back on the Defendant's false claims of election fraud."
The new indictment also removes mention of a Dec. 29 phone call between Pence and Trump – memorialized in Pence’s notes – when the former president claimed the "Justice Dept [was] finding major infractions."
The indictment overtly frames some of Trump’s statements as unofficial.
Prosecutors appear to have added phrases throughout the indictment to frame Trump’s statements as unofficial ones made as a candidate for office rather than official statements as president.
The indictment notably describes Trump’s statements at the Ellipse rally on Jan. 6 as a "campaign speech."
Old Indictment: On January 6, the Defendant publicly repeated the knowingly false claim that 36,000 non-citizens had voted in Arizona.
New Indictment: In his Campaign speech on January 6, the Defendant publicly repeated the knowingly false claim that 36,000 non-citizens had voted in Arizona.
In two instances in the new indictment, prosecutors framed Trump’s actions as conduct made "in his capacity as a candidate for office."
The indictment offers fewer details about officials correcting Trump on claims of voter fraud.
The original indictment previously went to lengths to detail how Trump’s closest advisers – including the vice president, members of the Department of Justice, the director of National Intelligence, and several White House attorneys – directly told the then-president that his claims of voter fraud were false.
The superseding indictment removes mention of federal officials notifying Trump that his claims were false, briefly mentioning Vice President Pence as Trump’s "own running mate."
"The Defendant was on notice that his claims were untrue," the new indictment said. "He was told so by those most invested in his re-election, including his own running mate and his campaign staff."
The indictment originally detailed three instances in December 2020 when officials, including the acting attorney general and chief of staff, told Trump that his claims of fraud in Georgia – including at the Cobb County Civic Center and State Farm Arena – were false. The new indictment omits those details.
The indictment omits some of Trump’s statements from behind White House podiums or referencing the White House.
The superseding indictment surgically removes statements Trump made from within the White House behind official podiums.
In two instances from within the White House, Trump made remarks falsely alleging voter fraud in Michigan.
"In Detroit, there were hours of unexplained delay in delivering many of the votes for counting. The final batch did not arrive until four in the morning and—even though the polls closed at eight o'clock," Trump said in the James S. Brady Press Briefing Room on November 5, 2020.
Unlike other instances in the indictment in which prosecutors clarified were made in Trump’s capacity as a candidate for office, Trump’s remarks made within the White House were struck from the indictment.
The indictment also removed mention of a January 5, 2021, Tweet when Trump told supporters heading to Washington, "We hear you (and love you) from the Oval Office."
Reacting to the indictment, Trump issued a statement saying, "Smith, has brought a ridiculous new Indictment against me, which has all the problems of the old Indictment, and should be dismissed IMMEDIATELY."
He also called it "an attempt to INTERFERE WITH THE ELECTION."
Trump's running mate, Sen. JD Vance, shared Trump's sentiment, telling ABC News, "It looks like Jack Smith doing more of what he does, which is filing these absurd lawsuits in an effort to influence the election."
