What a new indictment means for Donald Trump’s federal 2020 election interference case

WASHINGTON (AP) — Special counsel Jack Smith is pressing forward with his 2020 election interference case against Donald Trump, with a new indictment that aims to salvage the prosecution after the Supreme Court slammed the door on the possibility of a trial before the November election.

The new indictment, filed Tuesday in Washington, includes the same criminal charges, but narrows the allegations in an attempt to comply with the Supreme Court’s ruling that former presidents have broad immunity from prosecution.

Here’s what to know about the case and what happens next:

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Why file a new indictment?

In its ruling last month, the Supreme Court’s conservative majority said former presidents are absolutely immune from prosecution for official acts that fall within their “exclusive sphere of constitutional authority.”

Furthermore, former presidents are at least presumptively immune for other official actions, the Supreme Court said, but prosecutors can try to make the case that those allegations remain part of the indictment. But former presidents do not enjoy immunity for unofficial, or private, actions, the justices said.

As a result, the Supreme Court said Trump is immune from prosecution for conduct involving his interactions with the Justice Department, effectively stripping those allegations from the indictment. The justices sent the case back to U.S. District Judge Tanya Chutkan to analyze what other allegations could potentially proceed to trial.

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