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Fact check: Special Counsel Jack Smith filed a revised election interference indictment against former President Donald Trump

Checked on August 28, 2025

1. Summary of the results

The analyses reveal a complex timeline regarding Special Counsel Jack Smith's election interference case against Donald Trump. Multiple sources confirm that Jack Smith did file a revised (superseding) indictment against Trump, adjusting the charges to comply with the Supreme Court's presidential immunity ruling [1] [2]. However, this revised indictment was subsequently abandoned after Trump's re-election victory.

The most recent developments show that Jack Smith moved to dismiss both criminal cases against Trump, including the election interference case, due to Trump's return to the White House and the Justice Department's constitutional policy that prohibits charging a sitting president with crimes [3] [4]. A judge has already agreed to dismiss the election interference case at prosecutors' request [4].

2. Missing context/alternative viewpoints

The original statement omits crucial timeline context - while Smith did file a revised indictment, this occurred before Trump's electoral victory and subsequent dismissal of the cases. The statement fails to mention that:

  • The Supreme Court's presidential immunity ruling necessitated the revision of the original charges [1] [2]
  • Trump's re-election fundamentally changed the legal landscape, making prosecution of a sitting president constitutionally problematic [3] [4]
  • The case is now part of Trump's broader legal challenges, which include four separate criminal indictments across different jurisdictions [5]

Additionally, there are ongoing investigations into Jack Smith himself, with his lawyers defending against what they call "imaginary and unfounded" Hatch Act violations related to his prosecutorial conduct [6] [7] [8]. This adds another layer of complexity to the narrative that benefits Trump's legal team by potentially undermining Smith's credibility.

3. Potential misinformation/bias in the original statement

The statement presents incomplete information that could mislead readers about the current status of the case. By stating only that Smith "filed a revised indictment" without mentioning the subsequent dismissal, it creates a false impression that active prosecution is ongoing (contradicted by p1_s1, p1_s2).

The timing ambiguity in the statement could benefit Trump's political opponents who might want to emphasize ongoing legal troubles, while the actual dismissal of the cases clearly benefits Trump and his supporters. The statement's lack of context about the constitutional constraints on prosecuting sitting presidents omits a fundamental legal principle that explains why the cases were dropped, potentially serving partisan narratives rather than providing complete factual information.

Want to dive deeper?
What are the specific charges in the revised indictment against Donald Trump?
How does the revised indictment differ from the original election interference charges?
What is the timeline for the trial of Donald Trump on election interference charges?
What role did Special Counsel Jack Smith play in the investigation of Donald Trump?
How does this indictment affect Donald Trump's 2024 presidential campaign?