Former President Donald Trump will plead not guilty to the charges he faces in the revised indictment accusing him of working to subvert the results of the 2020 election, according to a court filing.
Justice Department special counsel Jack Smith filed a new superseding indictment in the case against Trump last week, the first major action since the Supreme Court ruled that presidents are shielded from official acts and sent it back to lower courts to determine if the ex-president can still face charges based on their decision.
Trump said in a court filing on Tuesday that he is waiving his right to be present at an arraignment and allowing his lawyer to enter a plea on his behalf.
A hearing in the case is expected on Thursday.
Trump faces the same four felony charges accusing him of working to subvert the results of the 2020 presidential election: conspiracy to defraud the United States, conspiracy to obstruct a federal proceeding, obstruction of a federal proceeding and conspiracy against rights.
But the indictment is pared down from the original one submitted last year in an effort to abide by the Supreme Court's ruling. For instance, it removes allegations about Trump using the Department of Justice to advance his claims of voter fraud; the high court said that fell within his official duties as president.
The new indictment "was presented to a new grand jury that had not previously heard evidence in this case" and "reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions."
Trump pleaded not guilty to these charges last year and has denied any wrongdoing while continuing to baselessly allege widespread voter fraud in his loss to Joe Biden four years ago. There is no evidence of widespread fraud in the 2020 presidential election, a statement backed up by officials in both parties, including Trump's own attorney general William Barr. Claims of fraud brought by Trump and his allies were rejected in courts nationwide, including the U.S. Supreme Court.
The case is one of two that Smith brought against Trump; he filed an appeal last month in the other federal case against Trump, which accuses him of mishandling classified documents and hampering the federal government's efforts to retrieve them. Trump similarly pleaded not guilty and denied any wrongdoing, and the case was dismissed by a federal district judge who ruled that Smith's appointment as special counsel was unconstitutional. Smith on Monday appealed to the 11th U.S. Circuit Court of Appeals based in Atlanta in an effort to revive the prosecution.
It's highly unlikely that either case goes to trial ahead of November's election -- and should Trump win, he could appoint an attorney general who would dismiss the prosecutions against him.