Jack Smith, After Underestimating Presidential Immunity, Slims Down Indictment of Trump, but the Case Is Far From Over

The special counsel’s revised indictment departs from the original to adjust for the Supreme Court’s rulings earlier this year.

Alex Wong/Getty Images
Special Counsel Jack Smith delivers remarks at the Department of Justice on August 1, 2023, at Washington, D.C. Alex Wong/Getty Images

The filing by Special Counsel Jack Smith of a new indictment in the January 6 case retools the effort to convict President Trump for working to overturn the results of the 2020 election. It amounts to a victory of sorts for the 45th president, whose liability is lessened — but not eliminated — after the special prosecutor failed to grasp the immunity the Constitution affords a president for official acts.

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