Special Counsel Jack Smith is moving forward with the 2020 election interference case against former President Donald Trump by filing a new indictment aimed at salvaging the prosecution after the Supreme Court ruled out the possibility of a trial before the November election. The new indictment, filed in Washington, retains the same criminal charges but refines the allegations to comply with the Supreme Court’s decision that former presidents have significant immunity from prosecution.

The Supreme Court emphasized that former presidents are immune from prosecution for official acts falling within their constitutional authority and are presumptively immune for other official actions. However, they can be prosecuted for unofficial or private actions. The new indictment removes references to Trump’s interactions with the Justice Department and certain other federal government officials, focusing on actions Trump took as a candidate rather than as president.

Trump is still facing four charges in the indictment, including obstruction of an official proceeding and conspiracy against the right to vote. The indictment alleges that Trump pressured state officials, participated in a scheme to enlist fraudulent electors, and tried to influence Vice President Mike Pence to reject electoral votes.

Trump criticized the new indictment on his Truth Social platform, calling it an act of desperation. However, the special counsel’s office aimed to comply with the Supreme Court ruling by revising the indictment to focus on personal actions rather than official acts. Legal proceedings are expected to continue, with both sides proposing a schedule for future proceedings and appearing in court to discuss the next steps. Trump’s legal team may seek to dismiss the case or delay proceedings further in light of the Supreme Court ruling.