Smith said in the new indictment against Trump that "he lost the 2020 presidential election" but he "was determined to remain in power."
So, the former president "did knowingly, combine, conspire, confederate and agree with co-conspirators, known and unknown to the grand jury, to injure, oppress, threaten and intimidate one or more persons … the right to vote and to have one’s vote counted," Smith added.
Smith’s recrafting of the indictment comes after the US Supreme Court ruled in July that Trump was immune to prosecution on the basis of official acts conducted as part of his role as president.
Also, last month, Aileen Cannon, a district court judge in Florida appointed by Trump, ruled that US Attorney General Merrick Garland exceeded his constitutional authority in appointing Smith to the case. Cannon had described Smith as a prosecutor not subject to Congressional approval.
The special counsel has already filed an appeal against that judge’s ruling, seeking to reverse her order that the case be dismissed.
Smith’s amended 35-page indictment against Trump is 10 pages shorter than the preceding one. It contains a more narrow set of accusations against the former president, taking into consideration the Supreme Court’s observation of immunity from prosecution for official acts.
US media reports said Smith has been consulting with officials inside the Justice Department for weeks to retool his case that accuses Republican Trump of leading a conspiracy to overturn the 2020 election won by his Democratic rival Joe Biden.
Smith has also tied his case against Trump to the storming of the US Capitol building by the former president’s supporters on January 6, 2021, after Trump allegedly incited them. A total of nine people, including five police officers, died in relation to the incident.
Trump has denied all charges brought by Smith. His lawyers say his words and actions on and before Jan. 6, 2021, amounted to legitimate inquiry about possible election fraud. The Supreme Court sided with him in a 6-3 ruling, affirming that Presidents have "absolute immunity" for acts that are "core" to their official duties. Three of the assenting judges were appointed by Trump.
Trump is running for president again in November’s election and faces Biden’s Vice President Kamala Harris, as his Democratic challenger this time. Smith’s case is expected to come to trial only after the election, and only if Harris becomes president. If Trump wins, he will likely stop the case from proceeding.