Special counsel Jack Smith, facing setbacks in both of his criminal cases against Donald Trump, is hedging bets on the former president losing the 2024 election in the hope of one day securing a criminal conviction.

Smith on Tuesday filed a superseding 36-page indictment in the 2020 election case in Washington, D.C., based on a more narrow set of allegedly criminal acts after the Supreme Court ruled this summer that Trump was immune from prosecution for some of the conduct included in Smith’s original 45-page indictment.