the DON JONES INDEX… |
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GAINS POSTED in GREEN LOSSES POSTED in RED 8/7/23... 15,033.93 7/31/23... 15,027.26 |
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6/27/13… 15,000.00 |
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(THE DOW JONES INDEX:
8/7/23... 35,065.62; 7/31/23... 35,405.29; 6/27/13… 15,000.00) |
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LESSON for August 6th, 2023 – “Trump
Three-Threets!”
As feared, or expected,
circumstances have overtaken our musings on the Hollywood strike and tactics
available to both studios and the writers, actors and such on the picket line –
a déjà vu all over all over as Jack Smith has indicted Djonald UnLucky for the
third time this year.
We call Ol’ 45 “unlucky” because
the Federal prosecution, drawing from a separate judicial pool from that which
gifted Trump with one of his own in the Mar-a-Lago documents case. Federal judges are chosen by an (allegedly)
impartial lottery, and it has been Djonald’s UnLuck to have drawn Judge Tanya Chutkin, an Obama-appointed
harridan already notorious for handing out long sentences... sometimes even
longer than those which the prosecutors have ask for... against the hapless
bums and stooges as constitute the majority of the One Six insurrectionists
arrested and tried. And against the occasional
Proud Boy or cop knocker... she has been absolutely vicious.
Judge
Tanya’s task will be to administer justice on the 45 page, 130 paragraph, four
count indictment that Jack nimbly and quickly released to the press and public
on Wednesday, commanding the attention and the presence of the former President
at the Prettyman Federal court house on Friday.
There, the same old same old same old took place... Trump being released
without bail, without handcuffs and mugshots – thereupon flying back to Bedminster
to sup with Foxies (we have been unable to determine whether the main course
was chicken).
The
other six defendants: former New York Mayor and Trump attorney Rudy Giuliani,
attorney John Eastman, conspiracy theorist Sidney Powell, former Justice Department
official Jeffrey Clark, fake elector maven Kenneth Chesebro and an unnamed
“political consultant” were to be processed separately – presumably to minimize
distractions.
Those
who know, and those who profess to know agree with the know-nothing that this
Third Indictment is the most serious to date, and will remain so even when the
state of Georgia gets around to trying to try Trump for badgering State AG
Raffensperger to “find him” the necessary votes to overturn the will of the
people and secure its sixteen Presidential electorals for himself, He’d still have needed another 58 electors,
but it would be obvious to chimp or child that Team Trump was working on the
ballot counters in other states... six at last count, although only Michigan
shows any inclination to prosecute the matter, as yet.
The
media have boiled down the Third Indictment (see Attachment One) to,
essentially, four quarters... 1) conspiracy
to defraud the government, 2) conspiracy against the right to vote, 3)
conspiracy to obstruct an official proceeding, and 4) obstruction of an
official proceeding. (In other words, January 6th... from the
attempt to pressure Vice President Pence into refusing to confirm the election
up to and including the armed attack on the Capitol.
The
accusation of obtruction is the most serious, being only a hair’s breadth short
of Treason... which charge would bring the possibility of a death penalty for guilty
verdict, as would complicate the election next November, even if Judge
Chutkin... already taking unfriendly fire as a stooge of the White House, the
AyGee and liberal mafia in Congress, in the Justice Department, the judiciary,
the media, and the deviant pizza parlours where pedophile liberals
congregate... were to block enhancement of the charges.
Had
Smith swung for the fences and indicted
the Exile for treason, putting the case on the fast track so that either the
defendant... as opposed to his former Vice... would be sent to the gallows
before he could be elected and pardon himself (in which case, whomsoever he
selected as his own Vice... failed Arizona candidate and Republican activist
Kari Lake, or loyal umbrella-holder Walt Nauta... even Don Junior!)... would
presumably assume the trappings and obligations of office. A slightly slower track and Trump, on the
gallows, would be able to pardon himself to song, Confederate flag waving and
hallelujahs from the religious right.
The
interstitial interval between election and assumption should, in this scenario,
prove critical.
The
Charges
Donald
Trump was criminally indicted for a third time on Aug. 1 as a Washington grand
jury voted to prosecute the former President on four counts related to his efforts
to remain in power after losing the 2020 election and his role in the events
leading up to the Jan. 6, 2021 storming of the U.S. Capitol. (Time, August 1st,
Attachment Two). “The prosecution sets
up yet another complicated and explosive legal battle as Trump vies for the
2024 Republican presidential nomination. “
The
latest indictment, which the Justice Department announced Tuesday and
references six unnamed co-conspirators, follows an investigation that stretched
almost eight months by Special Counsel Jack Smith, whose team had interviewed
dozens of prominent figures in Trump’s orbit, including former Vice President
Mike Pence, over Trump’s efforts to disrupt the peaceful transition of power on
Jan. 6.
Rachel
Weiner of the New York Times further explained the four charges as follows –
parsing the letter and the language of the indictment to mean 1) conspiring
to defraud the United States, 2) conspiring to obstruct an official proceeding,
3) obstructing a congressional proceeding and 4) conspiracy against rights in
connection with what prosecutors allege was a plan to overturn the results of
the 2020 presidential election. (August
2nd, Attachment Two)
Conspiracy
to defraud the U.S. government: Conspiracy is a catchall crime covering
any scheme between two or more people to break federal law or defraud the U.S.
government. Conspiracies don’t need to be successful to be criminal, and perpetrators
can be held responsible if they join the conspiracy at any stage.
In this case, prosecutors allege
Trump conspired with six others to “overturn the legitimate
results of the 2020 presidential election.” The co-conspirators are not named —
nor are they charged — but five of the six descriptions match attorneys Rudy
Giuliani, John Eastman, Sidney Powell and Kenneth Cheseboro and Justice
Department official Jeffrey Clark. The sixth is described as a political
consultant.
Obstruction
of an official proceeding: Trump, wrote Weiner, “is also charged with a
substantive obstruction count for attempting to block Congress from confirming
Biden’s victory on Jan. 6. The same charge is the most common felony charge used
against rioters who stormed the U.S. Capitol. The U.S. Court of Appeals for the
D.C. Circuit has split on how to define this crime,
but a majority of judges who have weighed in agree that at least some conduct
at the Capitol counts as illegal obstruction.”
Technically, each conviction could be sentenced with
consecutive terms, leading to decades-long sentences; in practice, federal
sentences are almost never as high as the maximum possible penalty. Defendants
who plead guilty get credit for acceptance of responsibility. Judges also
consider criminal history and the personal characteristics of each defendant, including
age and health.
There
are no mandatory minimum sentences for any of these crimes.
Also on Tuesday, Lloyd Nelson of the liberal
GUK wisecracked: Trump once led chants of “lock her up”. Now he’s a perpetual defendant. (Italics
added, Attachment Four) “At this rate,
he stands to be the first nominee out on personal recognizance on four separate
indictments, in four different jurisdictions. Possible indictment in Georgia
looms. The 2024 election will be one for the ages. Regardless of the outcome,
the US may never be the same.”
As
the week wore on, the nameless co-conspirators gradually attracted enough
attention to merit nomenclature by a variety of media sources. The Washington Post (Attachment Five) named
five of the six and offered up biographies, encapsulated as follows...
Rudy
Giuliani: Giuliani served as Trump’s
personal attorney and was central to efforts by the Trump team to overturn Joe
Biden’s 2020 election victory.
John Eastman: Eastman, a
conservative attorney who once clerked for Supreme Court Justice Clarence Thomas, crafted a legal strategy that involved creating slates of
pro-Trump electors in states that Joe Biden won.
Sidney
Powell: Powell came to the Republican National Committee after the 2020
election with the baseless claim that voting machines had been hacked to rig
the election for Biden. (and) kept filing lawsuits claiming
election fraud and airing those allegations on
Fox News. In a White House meeting in December 2020, Trump considered naming Powell as
a special counsel to investigate the election.
Jeffrey
Clark: Clark was a mid-level Justice Department official friendly to Trump’s
views on the election — so much so that Trump considered installing him as
acting attorney general. Clark proposed
sending a letter to officials in key states that said the Justice Department
had “identified significant concerns” about the vote and that the states should
consider sending “a separate slate of electors supporting Donald J. Trump” for
Congress to approve.
Kenneth Chesebro: Chesebro was the first to suggest that slates of pro-Trump electors could organize in states that he lost and be recognized by
Congress on Jan. 6, (saying) “We would just be sending in ‘fake’ electoral
votes to Pence so that ‘someone’ in Congress can make an objection when they
start counting votes, and start arguing that the ‘fake’ votes should be
counted.”
“A
political consultant”: the indictment alleges that this person sent
Co-Conspirator 1 — Giuliani — an email identifying lawyers in the six swing
states who could assist in the phony elector effort.
Brian Bennet from Time (August 2nd, Attachment Six)
provides his own (or Time’s) take on the co-conspirators, and asks: Why
did Trump turn to them? And answers: “Most of Trump’s own campaign staff, as
well as members of his administration, refused to go along with his effort to
deny the election loss and remain in the White House, the indictment alleges.”
A
few shards of information, or mis- or dis- include Giuliani’s telling thousands
of Trump supporters on the National Mall that “trial by combat” was needed to
settle the outcome; Eastman is identified as “a former clerk for Supreme Court
Justice Clarence Thomas;” Trump privately saying that Powell “sounded crazy”;
Clark, after one of Trump’s deputy White House counsels warned that if Trump
tried to stay in office, there would be “riots” in major U.S. cities saying
“That’s why there’s an Insurrection Act,”;” Chesebro proposed ““sending in
‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an
objection when they start counting votes,” and Political Consultant Number Six
gave Giuliani names of lawyers in six states who might help with the effort to
put together slates of false electors.
And,
on August third, Al Jazeera cited Jack Smith’s contention that the Republican
master conspirator and co-conspirators “attempted to
obstruct “a bedrock function” of democracy and sought to reverse his loss to
Democrat Joe Biden.”
Beyond
the courtroom, poll watchers and interested citizens wondering how the
indictments on 2020 will effect 2024 have a gaseous charcuterie of opinions...
more than a few somewhat slanted by partisanship.
Politicos
of both parties in D.C. watched in horror more than two years ago as a riot
descended on Capitol Hill, the mob raiding offices, menacing lawmakers, and
fighting hand-to-hand combat with police,” wrote Time’s High Opinionator Philip
Elliott.
“The Trump years numbed the country to the word “unprecedented,”
amid the constant reverberations of history being made. From the day Trump took
office as the only person ever elected to the presidency with zero government
or military experience, around every corner came norm-breaking and
precedent-smashing.”
Republicans cite “indictment fatigue,” hoping to plant the idea that voters don’t much care about it and have already
accepted that Trump is a bad dude who doesn’t play by the rules. It’s going to
be “Old News!” on the socials and “Witch Hunt!”. “Trump’s past two
indictments,” Elliott contends, suggest this one (and probably the upcoming
Georgia Number Four) may, perversely, benefit him as well. “The aftermath of
those charges—totaling at least 78 felony allegations and counting—brought a
fundraising boon and a polling surge . That’s right: the self-described billionaire will
collect millions in donations from his fans who see the real estate mogul as a
victim of a weaponized Justice Department. His best days of fundraising have been his worst ones legally.”
“Trump
could still return to power facing federal charges and, in turn, dodge
accountability for any of his alleged misdeeds. (This is why, Elliott suggests,
“the state-based cases, where Trump will lack pardon powers, may be the real
places to watch.”)
If
Djonald UnAshamed can campaign from prison, be elected and pardon himelf of the
Federal charges, could he remain in prison on the state raps... past, present
and probably future... and govern the country?
Surprisingly,
the liberal Guardian U.K. (August 2nd, Attachment Nine) turned over
the soapbox to attorney John Lauro, who called the
indictment “an attack on free speech and political advocacy”, and to Trump
himself, posting on Truth Social...
“This unprecedented indictment of a former
(highly successful!) president and the leading candidate, by far, in both the
Republican party and the 2024 general election, has awoken the world to the
corruption, scandal, and failure that has taken place in the United States for
the past three years.”
The House speaker, Kevin McCarthy, wagged
his tail, barked and begged for a bacon treat after calling the indictment an
attempt “to distract from news” about Republican allegations of corruption
involving Hunter Biden, the president’s son.
Most legitimate challengers, DeSantis on down, waffled but Will Hurd, a
former Texas congressman with no standing in the polls and nothing to lose,
said Trump’s presidential bid was “driven by an attempt to stay out of prison
and scam his supporters into footing his legal bills”.
In a memorable line from her ruling against
Trump in a previous One Six scuffle, district judge Tanya Chutkan, a former
assistant public defender nominated by Barack Obama (who will likely get this
matter in her court down the road a ways) wrote: “Presidents are not kings, and
plaintiff is not president.”
On the other hand, Mediate’s
Caleb Howe reported that Fox Host Jesse Watters claimed the Trump Indictment was coordinated to take the heat off Biden. (Attachment Ten) What heat?
Hunter heat!
Elliott to the contrary, Watters
said that Trump is the most likely to win in 2024, and after pardoning himself
will have no choice but to seek revenge if elected a second time.
“Don’t
you think for a second he’s not gonna unleash hell on all of his political
enemies,” said Watters. “This is only the beginning of politicians putting
other politicians and their families in prison. Sad we had to go down this road
but this is where we are and now we have to finish it.”
And David Propper from the New York Post proposed a proper
beatdown of the cowardly “Republican contenders for the 2024
presidential nomination (who) took former President Donald Trump to task for
his third indictment in four months while hailing the heroes who remained MAGA
to the core – even at the expense of their own campaigns. (Attachment Eleven)
Vice President Pence affirmed his pivot to the
Never Trump faction (being hanged will do that to you) and tweeted:
“Our country is more important than one man. Our Constitution is more important
than any one man’s career.” Nikki Haley
declined to react one way or the other, South Carolina Sen. Tim Scott, who
has occasionally mentioned that a Trump candidacy might not be the best idea
for down-ballot elephants, stayed true the cause, expressing his concern about
Biden’s Justice Department and “its immense power used against political
opponents,” and the ever-escalting Vivek declared, once again, that the real
cause “was systematic & pervasive censorship of citizens in the year
leading up to it. If you tell people they can’t speak, that’s when they scream.
If you tell people they can’t scream, that’s when they tear things down.”
The
Five Thirty Eight polling group summoned all of its pundits and priests to
prognosticate and pronounce on the effects of Indictment Three on the 2024
campaign. Most agreed that the
government would seem to have a strong case: “(t)he
indictment lists over 100 different pieces of evidence and shares them across the four counts against
Trump,” poited out data analyst G. Elliott Morris. “Honestly, more than
anything, I’m really just shocked at the extent of the efforts by Trump and his
co-conspirators to submit those alternative slates of electors to Congress, and
reading the evidence in one document hits differently than it did when we were
all watching these events play out over two or three months in real time.”
“Well,
it’s important to remember that an indictment is, by definition, one-sided and
not reflective of what will be presented at trial, where Trump’s attorneys will
be able to defend him,” noted Amelia Thomson-DeVeaux, senior reporter. “And I
wouldn’t expect this to be a slam-dunk case for prosecutors. They face a couple
of significant hurdles, one of which is that, for some of these charges, they
need to prove Trump’s intent. And it can be difficult to establish definitively
what was happening in another person’s mind.”
(Especially a mind like Djonald’s... some of the
darkest whispers on the darkest corners of the Dark Web believe that the only
thing he has to do win acquittal is plead insanity. Might not the issue whether Trump can
campaign and, if elected, govern from Arkham Asylum as opposed to a state or
Federal prison? – DJI)
As to 2024, senior elections analyst Geoffrey
Skelley contends that “there’s clearly a potential difference between how all
this affects public opinion within the confines of the GOP presidential primary
and how it could matter in a general election if Trump wins the Republican
nomination.”
“Let’s be real,” advises senior elections
analyst Nathaniel Rakich, “ I would be surprised if Trump doesn’t wrap up the
primary by Super Tuesday (which is March 5 this cycle)
even if, according to law professor and Obama advisor Laurence Tribe: “The
crimes indicted are an order of magnitude beyond anything that has been committed
against this country by any American citizen, let alone a former president.”
Criminal
indictments against Trump have become so frequent that they can begin to feel
normal. But they are anything but. “He
is fundamentally saying that he is the law and that anything which brings a law
to bear against him undermines what he perceives as America,” Tribe said.
While
the energy nad hoopla is focused on the Prettyman Courthouse, Nik Popli reminds America that the first two
trials are inching through the system.
(August 2, Attachment Fourteen)
In
the other investigation run by Jack Smith’s team, federal prosecutors have
accused Trump of violating the Espionage Act by illegally holding on to 31
classified documents containing national defense information after he left the
White House in January 2021. “Prosecutors also charged Trump and two others with a conspiracy to obstruct the government’s
repeated attempts to reclaim the classified material from his Mar-a-Lago
resort.”
Trump
will stand trial in the classified documents case on May 20, 2024 in Fort
Pierce, Florida. The case was assigned
to U.S. District Judge Aileen Cannon, a Trump appointee who has a history of
issuing rulings that are favorable to Trump.
Trump has been accused of falsifying business records in
connection with hush-money payments to Stormy Daniels, an adult-film actress
who claimed she had a sexual encounter with him before the 2016 presidential
election.
Under New York law, falsifying business records is usually
a misdemeanor but it can become a felony when there is an “intent to defraud”
that includes an intent to “commit another crime or to aid or conceal” another
crime. Prosecutors will have to prove that Trump is guilty of maintaining false
business records with the intent to hide a $130,000 payment in the days before
the 2016 election to cover up an alleged 2006 affair. Manhattan District
Attorney Alvin Bragg, who brought the charges, has said that the alleged scheme
was intended to cover up violations of New York election law, which makes it a
crime to conspire to illegally promote a candidate.
As
the first Republican debate nears... with Trump still undecided on whether or
not to participate (or perhaps worried that Georgia might lower the axe on
Debate Night), the former President and his enemies... within and without the
Republican Party... are waging a proxy war through their media of choice.
The
left-wing GUK dismissed pro-Trump coverage during the indictments as ‘political germ warfare’ and
citing some of the usual suspects.
(August 3, Attachment Fifteen)
These included...
Rightwing TV channel Newsmax, which has
drained some of Fox News’s audience in recent months, brought on Rudy Giuliani, an unnamed
co-conspirator in
Tuesday’s indictment, who railed for seven minutes about Hillary Clinton’s
emails and Biden being a “crooked president”.
Jesse Watters, above, on Fox News’s The Five show,
which Watters co-hosts – raising the germ warfare analogy anlisting a panel
including Alina Habba, a former Trump attorney who now works for
Trump’s political action committee and Lara Trump,
Trump’s daughter-in-law.
In the wake of the 2020 election Trump “did
exactly what you would want a president to do”, Lara Trump said.
“He upheld and defended the constitution of
the United States by trying to ensure that we indeed had a free and fair
election. That was his whole goal, that’s what he wanted to ensure was going
on,” she said.
One America News Network pivoted to Hunter Biden – always a source of interest among right-wing news – with
an OANN correspondent pushing an emerging conspiracy theory that the Trump indictment
was timed to coincide with Biden Jr’s tax charges trial.
And a senior
editor of the Blaze website suggested that the Republican-led House
should force a government shutdown – which could see about 800,000 federal employees furloughed or forced to
work without pay – in the hope that the case against Trump would collapse.
While the right was floating its conspiracy
theories, the left was emoting and gloating.
Fox News was shocked... shocked!... when former
D.C. Metropolitan police officer and CNN analyst Michael Fanone
claimed Tuesday’s federal indictment of former President Donald Trump in relation
to the Jan. 6, 2021, Capitol riot made him feel the exact same way he felt when
the U.S. military “killed Osama bin Laden.”
(Attachment Sixteen)
The former officer continued, saying,
“Absolutely. Osama bin Laden was a terrorist who committed a horrific act
against the American people and against our republic. And I believe that Donald
Trump is a terrorist who committed horrific acts against the American people.”
And the Huffington Post did a little AI
editing to create a Trumptastic horror movie with doctored voices and AI/CGI
wizardry which (in its own way, predicts the future of the “post-truth”
journalism.
“This
is not your country anymore,” Laura Ingraham “declares”.
“The
legal equivalent of a French guillotine,” former Trump adviser Stephen Miller
“says”.
Too
bad that all the latenite comedian/talkshowhosts are off the air. Might be able to see it on TikTok here...
if the Chinese aren’t offended.
It’s unclear yet when the One Six case will go
to trial, but Jack Smith said his office will seek speedy proceedings.
“I must emphasize that the indictment is only
an allegation and that the defendant must be presumed innocent until proven
guilty, beyond a reasonable doubt, in a court of law,” Smith said in a press
conference on Tuesday.
Trump is looking at a complicated calendar for
2024. The former president’s trial in New York on criminal charges over
hush-money payments to the porn star Stormy Daniels will
begin in March 2024. His criminal trial in Florida for retaining national security
documents at his Mar-a-Lago property and obstructing the justice department’s
efforts to retrieve them will take place in May 2024. The Iowa caucuses, the
opening salvo in the Republican race for the 2024 presidential nomination, are
scheduled to take place in January.
(GUK, Attachment Eighteen)
And the WashPost (August 2nd,
Attachment Nineteen) determined that the four things that “stand out” from the
most recent indictment are...
1. The indictment argues
that Trump knew the ‘big lie’ was a lie
2. It lists six unnamed
co-conspirators who have not been charged (yet).
3. The case argues that
the conspirators worked to create the illusion of uncertainty, and
4. The reaction from Republicans to the
case was muted
One
might disagree in that some
Republicans were quite vocal...
Indictment
Number Three “follows an investigation that
stretched almost eight months by Special Counsel Jack Smith, whose team had
interviewed dozens of prominent figures in Trump’s orbit, including former Vice
President Mike Pence, over Trump’s efforts to disrupt the peaceful transition
of power on Jan. 6,” according to Eric Cortellessa and Nik Popli of Time
(Attachment Twenty)
Smith’s
investigators were aided by anonymous gifters (or, MAGA might say, “rats”) who
leaked “private phone calls in the days
before the Jan. 6 attack between Trump and Pence, who took “contemporaneous notes”
of the conversations, according to the indictment. In one of them, Trump
allegedly told the former Vice President he was “too honest" after Pence
said he didn’t have the authority to unilaterally reject the election results.”
The
indictment says Trump attorney John Eastman also pressured Pence to subvert the
Electoral College certification. After a senior aide warned that such a
maneuver would galvanize riots in the streets, Eastman allegedly argued that
“there had previously been points in the nation’s history where violence was
necessary to protect the republic.”
Pence
responded to the indictment on Tuesday with a statement, saying in part: “On
January 6th, Former President Trump demanded that I choose between him and the
Constitution. I chose the Constitution and I always will.”
In
a Truth Social post published shortly before the DOJ announced the charges,
Trump called the indictment “fake” and accused Smith of trying to “interfere”
with the 2024 election. “Why didn’t they do this 2.5 years ago?” he wrote. “Why
did they wait so long? Because they wanted to put it right in the middle of my
campaign.”
“The
lawlessness of these persecutions of President Trump and his supporters is
reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other
authoritarian, dictatorial regimes,” the Trump campaign said in a statement on
Tuesday. “President Trump has always followed the law and the Constitution,
with advice from highly accomplished attorneys.”
Later
in the week, several more opinionators opined that perhaps Trump’s best chance
of avoiding prison would be to lay the blame on his former attorneys, claiming
their incompetence gestated the One Six and he was just a clueless boy passing
through the chaos.
At the heart of Trump’s response to the charges, said the
Timesters, “has been to gin up a sense of collective grievance among the MAGA
faithful.”
“(S)ome
former federal prosecutors think Trump’s
delay efforts are likely to work. Years-long delays are common in most
white-collar criminal cases, and it will be even harder to expedite the
high-stakes and unprecedented prosecutions of a former President who is also
the leading candidate for the 2024 Republican nomination.
“The
lawlessness of these persecutions of President Trump and his supporters is
reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other
authoritarian, dictatorial regimes,” the Trump campaign said in a statement on
Tuesday. “President Trump has always followed the law and the Constitution,
with advice from highly accomplished attorneys.”
Now,
it appears that Trump’s latest strategy is to blame some of those “highly
accomplished” attorneys for his own misadventures. But, like the janitor at Mar-a-Lago taking
the fall for the documents fiasco, Djonald needs a scapegoat – and his current
lawyer knows just who to finger.
“Barely
hours after Donald Trump was indicted Tuesday for
engaging in a wide-ranging criminal conspiracy to overturn U.S. democracy, his
defense lawyer, John Lauro, went on Fox News and telegraphed his
coming strategy. (WashPost, Attachment Twenty One) Lauro said prosecutors cannot prove Trump truly
“believed” he’d lost his 2020 presidential reelection, ensuring a
not-guilty verdict.
That’s
gotten lots of attention, most of it appropriately dismissive. But Lauro also
slipped another assertion into his appearance that merits more worry: He
declared that Trump merely acted on what he thought was reasonable advice from
his lawyer, John Eastman.
“He
had advice of counsel, a very detailed memorandum from a constitutional
expert,” Lauro said of Trump and Eastman.
But, after departing Fox, Lauro repeated this on
NBC’s “Today” show, insisting Trump is “entitled” to “trust advice of counsel.”
“This
suggests that an “advice of counsel” argument will be central to Trump’s defense,”
according to Gerg Sargent of the Post.
“Two of the indictment’s charges are
that Trump obstructed the official proceeding of the electoral count and
entered into a conspiracy to do so. But the obstruction charge requires proving
“corrupt intent,” which could be undermined by the claim that he acted on his
lawyers’ advice.
Eastman’s
theory that Pence had the power to halt the electoral count was utterly baseless. But
Matthew Seligman, an election law expert at the Stris and Maher firm, points
out that Trump’s lawyers can argue that Trump, who isn’t exactly a legal
mastermind, had no reason to doubt what he was being told.
“Prosecutors
will need to argue that Trump could not have relied on Eastman’s advice in good
faith, because his theories were so outlandish,” Seligman told Sargent.
Trump’s
argument could open the door to one juror concluding that, even if those
theories were crazy, Trump grasped at them in desperation but in good faith.
“Clearly
Trump knew Eastman’s theory was baloney,” Sargent concludes. “But the rub is
getting 12 jurors to agree — not to mention, perhaps, five Supreme Court
justices.”
Jack
Smith’s task, most unbiased stalwarts of the communications bedrock believe,
will be to smash through the former President’s bodyguard of lies with... oh...
a Jewish space laser?
“The
attack on our nation’s capital on January 6, 2021, was an unprecedented assault
on the seat of American democracy,” special counsel Jack Smith said Tuesday.
“As described in the indictment, it was fueled by lies. Lies by the defendant
targeted at obstructing a bedrock function of the U.S. government, the nation’s
process of collecting, counting, and certifying the results of the presidential
election”
But
Associated Press reporters David Klepper and Ali Swenson surmised (August 3rd,
Attachment Twenty Two) that, instead of convincing his followers about the
seriousness of the charges, “Tuesday’s indictment is
being held up as proof of a conspiracy to take down the Republican ex-president
and a continuation of the effort by Democrats, the media and the so-called deep
state to interfere with the nation’s elections.
“Much
of the misinformation about the indictments has originated with Trump, who
instead of trying to minimize his legal jeopardy has made it a centerpiece of
his campaign, framing it as an assault on democracy, freedom and his own
followers.”
Those
followers, hashing and rehashing the particulars on social media, contend that the
entire roster of indictments “were timed to distract from news about the Biden
family,” and have dealt with the the law enforcement agencies, prosecutors and
judge involved in the case. On X, photos of Smith circulated with the text “The
face of pure evil.” Some posts called him a “hit man” or a “legal terrorist.”
Others dug into the biography of U.S.
District Judge Tanya Chutkan and called into question her fairness, noting that she was
appointed to the bench by former President Barack Obama, a Democrat, and was a
partner at a law firm that once employed Hunter Biden.
“Do
you know Judge Chutkan who will preside over the new Trump indictment worked
with Hunter Biden?? It’s all a con,” posted Sebastian Gorka, a former national
security aide under Trump.
Both
Chutkan and Hunter Biden worked at the firm of Boies Schiller Flexner LLP, but no
evidence has come to light suggesting they worked closely together. Boies
Schiller Flexner is a large, well-known firm with 13 offices in three countries
and more than 170 attorneys listed on its website. The firm did not immediately
respond to questions seeking comment.
With
Chutkin... a former public defender and was one of the first U.S. judges to
reject his executive privilege claims to withhold Jan. 6 White House records...
“Donald Trump’s legal troubles in the Jan. 6, 2021, Capitol attack come near
full circle,” contend Spencer Hsu and Tom Jackman of the WashPost. (Attachment Twenty Three)
The
Posties cite Trumps involvement in “more than 4,000 lawsuits over the course of
his half-century in real estate, entertainment and politics,” dating from his
refusing to rent out apartments to blacks, in the company of his father back in
the ‘70s through his connections with the Jersey Mob in Atlantic City, his
fraudulent Trump University scam and, of course, his two impeachments.
In
Chutkin, he faces “a trained dancer raised in Kingston, Jamaica (who) graduated
from George Washington University and the University of Pennsylvania Law School
before working in private practice with two Washington firms and serving 11
years with the D.C. Public Defender Service. She then joined the Boies
Schiller Flexner (where she knew, or did not know, Hunter Biden), and the
Federal Bench – specializing in dealing out justice to the Jan. 6th
insurrectionists. “Through mid-June,
Chutkan sentenced every one of the 31 defendants to have come before her to at
least some jail or prison time. She has exceeded prosecutors’ sentencing
recommendations nine times and granted them 14 times, while court-wide, judges
have sentenced below government recommendation about 80 percent of the time.”
His
Thursday arraignment engendered some chippiness, with The Donald “irked” that
US Magistrate Judge Moxila Upadyaha referred to him as “Mr. Trump” rather than
“Mr. President”. (New York Post, August
4th, Attachment Twenty Four)
The
usual suspects mouthed their usual partisan rants of approval or outrage...
none more outrageous than the defendant himself:
“CONSIDERING THE FACT THAT I HAD TO FLY TO A
FILTHY, DIRTY, FALLING APART, & VERY UNSAFE WASHINGTON, D.C., TODAY, &
THAT I WAS THEN ARRESTED BY MY POLITICAL OPPONENT, WHO IS LOSING BADLY TO ME IN
THE POLLS, CROOKED JOE BIDEN, IT WAS A VERY GOOD DAY!” he wrote on his Truth
Social platform.
Jack
Smith’s investigative efforts and the unwanted testimony they elicited from “insiders”
(whose loyalty to Trump was probably about equal to his loyalty to them) “now sits at the heart of the federal indictment brought against Trump.”
WashPost, August 2nd, Attachment Twenty Five)
The indictment references at least nine administration officials,
among others, who told Trump that the election was not stolen or that his
schemes to remain in the White House were untenable.
Posties Derek Hawkins and Tyler Remmel reported that the
indictment references “at least nine administration officials, among others,
who told Trump that the election was not stolen or that his schemes to remain
in the White House were untenable.”
All nine are anonymous, but those who have gone on the record...
now, perhaps in future testimony or (at least in the case of Vice President
Pence) on the debate stage also include BillBarr the Barbarian, telling the
beaten candidate that rumours of a “vote dump” in Michigan were just that...
rumours... acting attorney general Jeffrey Rosen who attempted to disabuse the
President that there were not “205,000 more votes than voters in Pennsylvana, Arizona House Speaker Rusty Bowers and Pennsylvania’s
now-notorious Brad Raffsnsperger.
A couple of other Post reporters... Devlin Barrett and
Josh Dawsey... contend that the
former president’s intent — and whether he knew he was lying about election
fraud — are “key issues for prosecutors.”
This
will require squirming into Trump’s head where... among the dust bunnies and
Burger King wrappers... might answer a long-debated
aspect of the former president’s mind-set: “How much, or if, he believes his
own false claims.”
Summoning
up more attorneys (August 2, Attachment Twenty Six), one referemced the “metaphysical
question of whether it’s even possible for Donald Trump to believe that he lost
the election, or lost anything else, for that matter,” another ventured: “Sometimes
people have an incredible capacity to believe their own nonsense,” and eight
White House advisors, “speaking on the condition of anonymity to discuss
private conversations, said they believed at the time, and still do, that Trump
had convinced himself that he won.”
“He
is going to keep saying the election was rigged and stolen because he believes
it,” one adviser said. “They are never going to get him to say he was lying,
because he still believes it.”
BillBar the Barbarian... Trump’s attorney general during the
stormy seas of his final year... “was
similarly useful in dealing with the fruits of that probe, including
intervening to suggest a reduced punishment
for Trump’s longtime ally Roger Stone after the latter was convicted of lying
to Congress.”
He
also spilt the potato juice on his role (and Trump’s) in clearing out 1200
Lafayette Square protesters, leading to the photo shoot replayed on campaign
commercials well into November.
Now
the legal wrangling begins, as Post associate editor Ruth Marcus contends,
listing the presumed claims we can expect to hear ahead of trial (Attachment
Tweny Nine);
“Argument #1: The statutes governing conspiracy
to obstruct an official proceeding and obstruction of an official proceeding
(Counts Two and Three) don’t apply here, because that prohibition only covers
destruction of evidence and other forms of evidence tampering.” Under relevant law. 18 U.S.C. 1512(c), the
provision, the Supreme Court said in a 1995 decision,
“serves as a catchall, prohibiting persons from endeavoring to influence,
obstruct, or impede the due administration of justice.”
Argument
#2: Trump lacked the requisite intent to break the law or to act corruptly,
because he believed that he won the election and was only taking steps to
vindicate his rights as the supposedly victorious candidate. Trump had every right — whether he was lying
or merely deluded — to argue that he had won. He just didn’t have the right to
use illegal means to effectuate that victory. As Randall Eliason, a former
federal public corruption prosecutor, has explained, “If I
honestly believe a bank had cheated me and owes me money, that doesn’t mean I
can rob the bank to get my money back.”
The
obstruction counts, as outlined above, require proof that the defendant acted
“corruptly.” The meaning of corruptly under 1512(c) is far from settled, as the
recent Fischer case from the U.S. Court of Appeals for the
D.C. Circuit illustrated.
Argument
#3: Trump relied on advice of counsel in pursuing his quest to remain in
office.
Trump
“had advice of counsel, a very detailed memorandum from a constitutional
expert,” his new lawyer, John Lauro, told Fox News,
referring to John Eastman, a former Chapman University law professor who was
pressing outlandish arguments about Pence’s authority not to certify the
election results and who is referred to in the indictment as co-conspirator 2.
Marcus
sides with Trump’s former attorney general, William P. Barr, on this one: “I
don’t think that dog is going to hunt.”
To get the issue before jurors, Trump will have to show that he relied
in good faith on his lawyers’ advice. Even if jurors buy that, however, “it
would not knock out all the charges against Trump, just the parts of those — such
as the slates of phony electors and the Pence certification — where Eastman’s
advice played a central role.”
Argument
#4: The federal civil rights statute under which Trump is accused of conspiring
to interfere with the right to vote does not cover the conduct at issue here.
The
Reconstruction-era law, 18 U.S.C. 241, originally used against groups such
as the Ku Klux Klan, prohibits conspiracies “to injure, oppress, threaten, or
intimidate any person … in the free exercise or enjoyment of any right or
privilege secured to him by the Constitution or laws of the United States.” The
indictment alleges that Trump and co-conspirators sought to interfere with “the
right to vote, and to have one’s vote counted.”
As
the Justice Department manual on election law offenses explains, Section 241
has been used to prosecute efforts to steal votes by hacking voting machines,
to destroy voter registration applications and to keep people from getting
rides to the polls by jamming telephone lines.
“Earlier
this year, a federal judge in New York upheld the use of Section 241 in
a case involving a far-right activist’s effort to mislead Twitter users into
thinking they could cast their votes for Hillary Clinton by posting hashtags on
Twitter or Facebook or texting her name to a specific phone.” Still, Trump could argue that prosecutors are
using Section 241 far beyond its original, intended purpose. Preventing the
vote from being certified is different, or so they could argue, from stopping
people from casting ballots. “What Trump did, though reprehensible, bears no
relation to what the statute covers,” the conservative, but Trump-nixing National Review, nonetheless editorialized.
An
experienced federal judge, Tanya Chutkan, is
overseeing the case. If she rejects
Trump’s arguments, his hopes lie in an acquittal or eventual success on appeal.
But that is a long way down the road, and almost certainly after the next
election.
(Want
more? The Post added a breakdown
of all 78 charges Trump faces)
Trump
himself and through his Republican and rightwing commentators and some of those
contending with him for the Presidency lined up to condemn prosecution,
disclosed the liberal GUK (August 4, Attachment Thirty)
The
Faithful (to the cause, not the man)...
A handful of Republicans,
though competing with Trump for the 2024 GOP nomination, fired off statements
as the ex-president left the courthouse and returned to his golf club in
Bedminster, New Jersey.
The biotech entrepreneur Vivek Ramaswamy posted a video message filmed
outside the federal courthouse calling the January 6 indictment “politicized
persecution.” He earlier vowed to pardon Trump if elected.
Fox News host Jesse Watters downplayed Trump’s
January 6 charges on air while applauding Trump for his “calm demeanor” during
the arraignment, according to Mediaite.
“By this January 6th indictment, we’re kind of tired of it,” Watters said on
Thursday evening.
Ron DeSantis, his own campaign floundering,
nonetheless called for ending the “weaponization of government, replac(ing) the
FBI director, and ensur(ing) a single standard of justice for all Americans”.
Outrage
after DeSantis says he’d ‘start slitting throats’ if elected president
And family guy Erik sent out a
fundraising email with language calling the city “the belly of the
beast”, according to NBC News. His campaign pulled in nearly $4m after his first arraignment
in March and considerably less but still more than $1m after his arraignment in
June, according to the New
York Times.
Those denialists denying the denier-in-chief
included the former vice-president Mike Pence – whom Trump allegedly called
“too honest” after he refused to reject electoral votes according to the
indictment – used the arraignment was fodder for his own campaign, including to
sell merch. “[A]nyone who puts himself over the constitution should never be
president of the United States,” Pence said in a statement.
Among the orthodox applauders of Indictment
Three were US Capitol police officer, Sgt Aquilino Gonell, who stated: “Our
democracy is worth fighting for. Not prosecuting is far riskier than having no
consequences for the alleged power grab attempts. Justice and the rule of law
must win for our democracy to survive.”
Dozens of Democrats following Adam Schiff of
California signed a letter
urging the district court to publicly broadcast the trial proceedings “for the
sake of our democracy.”.
But Trump, like Caesar, has less to fear from
the donkeys than from his own Senators, Congressmen, even his personal aides.
(WashPost, August 5, Attachment Thirty One)
“At
least seven currently serving advisers to former president Donald Trump took
actions that are mentioned prominently in one of his three criminal indictments
or have been interviewed by prosecutors,” Posties Isaac Arnsdorf and Josh Dewey
numbered, potentially setting up “uncomfortable situations in which they are
working for his 2024 presidential bid while also serving as witnesses at one of
his upcoming trials.”
There
are the known (aide Walt Nauta, White House counsel Donald McGahn, senior
campaign adviser Susie Wiles, advisor Jason Miller, lawyer Evan Corcoran and
Mar-a-Lago janitor Carlos deOliveira) and those in shadows... campaign aides
Liz Harrington, Margo Marti PAC man Taylor Budowich, campaign adviser and
lawyer Boris Epshteynn... even Ronna McDaniel, the chairwoman of the Republican
National Committee – a longtime Trump ally who would be responsible for helping
Trump win the White House should he become the party’s nominee, could be forced
to take the witness stand along with 83 other potential witnesses; many
obsessed with saving their own skins.
“This
is secret information,” Trump said at a meeting, the recording of which, taken
during a meeting with writers helping prepare former chief of staff Mark
Meadows’ book, seeming
to acknowledge that he knew he had secret documents. “As
president I could have declassified it. Now I can’t, you know, but this is
still a secret.”
“Now
we have a problem,” Harrington said, laughing.
“Some
of Trump’s current advisers have faced pointed questioning from Smith’s
prosecutors, who appeared to believe they have not been forthcoming when
questioned about Trump’s actions in the two federal cases, according to two
people familiar with the matter... some even confessed to their Big Boss that
“the prosecutors were hostile to them.”
Imagine!
Before
Indictment Three, US News and World Report circulated round and round, scooping
up reactions to the pending process (Attachment Thirty Two). Many refused to comment, but among those who
did were...
Jack
Smith, special prosecutor: (see above)
Merrick
Garland, attorney general:
“Mr.
Smith and his team are experienced, principled career agents, prosecutors have
followed the facts and the law wherever they may lead.”
Former
Vice President Mike Pence, 2024 GOP contender:
“Today's
indictment serves as an important reminder: anyone who puts himself over the
Constitution should never be President of the United States.”
"I
will have more to say about the government’s case after reviewing the
indictment. The former president is entitled to the presumption of innocence
but with this indictment, his candidacy means more talk about January 6th and
more distractions.”
"Our
country is more important than one man. Our constitution is more important than
any one man’s career.”
Florida Gov. Ron
DeSantis, 2024 GOP contender:
“As
President, I will end the weaponization of government, replace the FBI
Director, and ensure a single standard of justice for all Americans. While I’ve
seen reports, I have not read the indictment. I do, though, believe we need to
enact reforms so that Americans have the right to remove cases from Washington,
DC to their home districts. Washington, DC is a ‘swamp’ and it is unfair to
have to stand trial before a jury that is reflective of the swamp mentality.
One of the reasons our country is in decline is the politicization of the rule
of law. No more excuses – I will end the weaponization of the federal
government.”
Vivek
Ramaswamy, 2024 GOP contender:
“The
corrupt federal police just won’t stop until they’ve achieved their mission:
eliminate Trump. This is un-American & I commit to pardoning Trump for this
indictment. Donald Trump isn’t the cause of what happened on Jan 6. The real
cause was systematic & pervasive censorship of citizens in the year leading
up to it. If you tell people they can’t speak, that’s when they scream. If you
tell people they can’t scream, that’s when they tear things down. If we fail to
admit the truth, Jan 6 will just be a preview of far worse to come & I
don’t want to see us get there.”
Former
Arkansas Gov. Asa Hutchinson, 2024 GOP contender:
“This
is another sad day for America with a former President being charged criminally
for obstructing the peaceful transfer of power from one administration to the
next. January 6 is a day that calls for accountability for those responsible. I
have always said that Donald Trump is morally responsible for the attack on our
democracy. Now, our system of Justice will determine whether he is criminally
responsible. The latest indictment reaffirms my earlier call that Donald Trump
should step away from the campaign for the good of the country. If not, the
voters must choose a different path.”
Chuck
Schumer, Senate majority leader/Hakeem Jeffries, House minority leader:
“The
insurrection on January 6, 2021 was one of the saddest and most infamous days
in American history, personally orchestrated by Donald Trump and fueled by his
insidious Big Lie in an attempt to undermine the 2020 election. In a deadly
effort to overturn the will of the American people and block the peaceful
transition of power, our nation’s Capitol – the very symbol and home of
American patriotism and democracy – fell under attack to thousands of vicious
and violent rioters.”
“The
third indictment of Donald Trump illustrates in shocking detail that the
violence of January 6th was the culmination of a months-long criminal plot led
by the former president to defy democracy and overturn the will of the American
people. This indictment is the most serious and most consequential thus far and
will stand as a stark reminder to generations of Americans that no one,
including a president of the United States, is above the law. The legal process
must continue to move forward without any outside interference.”
Rep.
Steve Scalise, House majority leader:
“Biden’s
DOJ is cutting sweetheart deals for Hunter to cover for the Biden Family’s
influence peddling schemes while at the same time trying to persecute his
leading political opponent. It’s an outrageous abuse of power.”
Nancy
Pelosi, former House speaker:
“The
charges alleged in this indictment are very serious, and they must play out
through the legal process, peacefully and without any outside interference.
Like every criminal defendant, the former President is innocent until proven
guilty. Our Founders made clear that, in the United States of America, no one
is above the law – not even the former President of the United States.”
"Through
the meticulous and patriotic work of the bipartisan Select Committee to
Investigate the January 6th Attack, evidence was uncovered about the sinister
plot to overturn the presidential election and prevent the peaceful transfer of
power, which culminated in deadly insurrection.”
"As
this case proceeds through the courts, justice must be done according to the
facts and the law."
Rep.
Elise Stefanik, Republican conference chair:
“President
Trump had every right under the First Amendment to correctly raise concerns
about election integrity in 2020. Despite the DOJ’s illegal attempt to
interfere in the 2024 election on behalf of Joe Biden, President Trump
continues to skyrocket in the polls and will defeat Joe Biden and be sworn in
as President of the United States in January 2025.”
Former
Rep. Adam Kinzinger, Jan. 6 committee member:
“On
the 1/6 Committee, we uncovered proof that Donald Trump not only knew what was
happening at the Capitol, but encouraged it. He is a cancer on our democracy.
Today is the beginning of Justice. Nobody is above the law; least of all a
president who swore an oath to defend it.”
Rep.
Marjorie Taylor Greene, Georgia Republican:
“This
isn't just an indictment against President Trump, but against all his
supporters and the fundamental rights of Americans. If an innocent former
president can be targeted, then no American is truly safe. President Trump is
just standing in the way.”
Rep.
Jim Jordan, Ohio Republican:
“When
you drain The Swamp, The Swamp fights back. President Trump did nothing wrong!”
Rep.
Joaquin Castro, Texas Democrat:
“I’m
glad to see that Donald Trump has been indicted for his role in trying to
overthrow the results of the 2020 Presidential Election and for stoking the
failed coup of January 6, 2021. If he gets away with it others will try the
same in the years ahead. The world is watching.”
Sen.
Josh Hawley, Missouri Republican:
“DOJ
unveils the latest effort to stop Trump from running against Biden – totally
unprecedented in American history.”
Michael
Waldman, president and CEO of the Brennan Center for Justice at NYU Law:
“Today's
charges matter beyond the fact that a former president is accused. Donald Trump
and his co-conspirators tried to overthrow American democracy. They wanted to
negate the votes of millions of Americans. They did this using phony claims of
voter fraud and rigged elections. These conspiracy theories are still being
used to justify changes to voting and election law all over the country. Donald
Trump will stand trial. The Big Lie will be on trial too.”
Reed
Galen and Rick Wilson, co-founders of The Lincoln Project:
“The
nation needs to wake up to the very real threat that Trump will win the
presidency. He IS the Republican nominee. He IS leading in the polls against
Joe Biden. The MAGA GOP is a cult that no longer cares about the rule of law
and wants to send Trump back to the White House. No indictment is going to stop
his campaign.”
Marilyn
Carpinteyro, Common Cause interim co-president
"No
American is above the law – not even former presidents. The charges that a
federal grand jury leveled today against former President Donald Trump are
profoundly serious and must go to trial. The charges themselves are
unprecedented, but so are the events that led to them.”
Anthony
D. Romero, ACLU executive director:
“More
than two years ago, shortly after the January 6 attack on the Capitol, the ACLU
called for a special counsel to investigate President Trump for seeking to
subvert the 2020 election. Today, a grand jury indicted the former president in
D.C. for just that, after Special Counsel Jack Smith was appointed to conduct
the investigation. All defendants are innocent until proven guilty, but no person
is above the law. If the former president is found guilty, he must be held
accountable.”
Peanuts
on the street... in or out of their shells... reacted to Indictment Three more
or less as they greeted One and Two... the partisan Right condemning the “witch
hunt” (perhaps as a distraction from the all-important issue of Hunter Biden’s
sex videos), the partisan Left finding themselves applauding law and order, at
least selectively, and the muddled middle conflicted or unconcerned,
The
liberal Guardian U.K. took a jaunt down to Iowa, where the first of the
Republican primaries will be held, and found some MAGAnauts, propped up by the
primary polls, nonetheless worried about November and the prospect of four more
years of Joe Biden.
Neil
Shaffer, Chair of the GOP in rural Cresco told the GUKster liberals that he was
true red for Trump but “not t enthusiastic at the
prospect of yet another Trump presidential campaign.” (August 6, Attachment Thirty Three)
“Why is Trump doing so well? Because people
feel like they are piling on him. If this is the Democrats’ effort to make him
look bad, it hasn’t. It’s probably going to make him the [Republican] nominee
and, honestly,” Shaffer fantasized, “he may win the general election again. And
then whose fault would it be?”
“Fault” is not the sort of word one applies to
superheroes – but, then again, it might seem that Trump is playing into a
Democratic plot to gift him with the nomination, and then smoosh him in November. “With Trump likely to spend a good part of
the next year in one courtroom or another, after being indicted in
New York, Florida and Washington on an array of charges and with more expected
in Georgia before long, his supporters are more than willing to believe it is a
plot to keep their man out of the White House,” opined the Guardian’s Chris
McGreal.
“Democrats are gonna keep riding [Trump’s] ass
and bringing shit up against him. They don’t quit. They just don’t like him
because he’s draining the swamp, and they don’t like that,” said Tom Schatz, a
dairy and corn farmer who, like many Iowans, has been following the election
and indictment news on right wing radio.
On the day of Trump’s arraignment, Buck Sexton, a former CIA analyst on
AM 600 WMT in Iowa, was energetically telling his listeners, without irony,
that the prosecutions “undermined confidence in the electoral system.”
For a while, polls put DeSantis
ahead of Trump in a primary matchup. Shaffer said his county
party was split, although at the time he still
thought Trump would win because his supporters had more energy and commitment.
“Now I think it’s even more so. When I speak
up for DeSantis at our Republican monthly meeting, these people wearing their
Trump hats don’t want to hear it. It’s such a foregone conclusion. Trump is
going to get the nomination easily, whether he’s in a jail cell or in the
courtroom.”
“I feel like he could be running from prison
and it’ll still be a tight race with Joe Biden. That’s what scares me,”
said Howard county’s Democratic party chair Laura Hubka, a US navy veteran and
ultrasound technologist.
Hubka blames the Democratic national
leadership, which has been accused of overly focusing on parts of the country
where a majority of the residents have a college education, unlike rural Iowa.
“They need to get some balls, be more bold. I
also feel like they just are writing off the rural counties,” she said.
But Hubka is still there, campaigning and waiting
to see what happens if Trump goes to prison. She bought a gun before the last
election because of so many threats from Trump supporters.
“I was really very scared that I was going to
get shot or hurt. It’s calmed down a bit in that sense. But who knows what
happens if he gets thrown in jail,” she said.
The die-hard, kill-easy Trump fanatics in
Atlanta’s purpling Marietta Country have encountered resistance from Democrats,
even amidst their own neighborhoods and... yes... families. (WashPost, August 6, Attachment Thirty Four)
Landscaper Jerry Ramsey, 79, sees the
45-page indictment as “just another effort to tear down the country he, a
Vietnam vet, had worked so hard to defend.
“They
just dream stuff up,” he said. “They just keep coming after him.”
Ramsey
woke up and, as he did almost every morning, turned on “Fox & Friends,” the
popular show that starts the morning for many Republicans. On this Thursday,
Trump was flying to D.C. from his Bedminster, N.J., estate. Sitting in his red
armchair, Ramsey was already decked out for the day in his Trump 2024 hat and
rubber Trump bracelets.
When
conservative commentator Mark Levin appeared on screen, Ramsey picked up the
remote and turned up the volume.
“This
indictment is crap!” Levin bellowed. “They went after him before he was
elected, they went after him when he was elected, they went after him during
the four years of his presidency, and they’re going after him now.”
“He
gets so excited!” said Ramsey’s wife, Carolyn, who was sitting across from him.
Ramsey
woke up and, as he did almost every morning, turned on “Fox & Friends,” the
popular show that starts the morning for many Republicans. On this Thursday,
Trump was flying to D.C. from his Bedminster, N.J., estate. Sitting in his red
armchair, Ramsey was already decked out for the day in his Trump 2024 hat and
rubber Trump bracelets.
When
conservative commentator Mark Levin appeared on screen, Ramsey picked up the
remote and turned up the volume.
“This
indictment is crap!” Levin bellowed. “They went after him before he was
elected, they went after him when he was elected, they went after him during
the four years of his presidency, and they’re going after him now.”
“He
gets so excited!” said Ramsey’s wife, Carolyn, who was sitting across from him.
Ramsey
woke up and, as he did almost every morning, turned on “Fox & Friends,” the
popular show that starts the morning for many Republicans. On this Thursday,
Trump was flying to D.C. from his Bedminster, N.J., estate. Sitting in his red
armchair, Ramsey was already decked out for the day in his Trump 2024 hat and
rubber Trump bracelets.
When
conservative commentator Mark Levin appeared on screen, Ramsey picked up the
remote and turned up the volume.
“This
indictment is crap!” Levin bellowed. “They went after him before he was
elected, they went after him when he was elected, they went after him during
the four years of his presidency, and they’re going after him now.”
“He
gets so excited!” said Ramsey’s wife, Carolyn, who was sitting across from him.
Ramsey
woke up and, as he did almost every morning, turned on “Fox & Friends,” the
popular show that starts the morning for many Republicans. On this Thursday,
Trump was flying to D.C. from his Bedminster, N.J., estate. Sitting in his red
armchair, Ramsey was already decked out for the day in his Trump 2024 hat and
rubber Trump bracelets.
When
conservative commentator Mark Levin appeared on screen, Ramsey picked up the
remote and turned up the volume.
“This
indictment is crap!” Levin bellowed. “They went after him before he was
elected, they went after him when he was elected, they went after him during
the four years of his presidency, and they’re going after him now.”
“He
gets so excited!” said Ramsey’s wife, Carolyn, who was sitting across from him.
He
had listened to Trump’s speech on the Mall that day and even walked toward the
Capitol with the angry crowd. But he was feeling cold and tired, he said, so instead of joining the protesters
at the steps of the Capitol, he went to Starbucks. His memory of that day is of
a peaceful protest.
“I
didn’t see any violence,” he said. To Ramsey, it was inconceivable that his
fellow Trump supporters would have ransacked the Capitol, so he blamed the
violence on shadowy outside groups.
Two of those shadowy insiders are Jenny
Peterson, 55, who listens to NPR and says:: “It’s important to me as a mom that
my 16- and 14-year-old will see this one thing happen,” when someone who has
committed crimes in plain sight “is held accountable”, and Tamara Stevens who,
like scores of women in their suburban neighborhood, they rushed to volunteer
for Jon Ossoff, who they believed could be a small but significant check on
Trump’s power.
Peterson
and the friends she met working on that race called themselves “the resisters.”
She lost a few old friends who were Republicans. “Trump and 2016 broke us,” she
said. But her new friends more than took their place. Together they volunteered
for Democratic candidates up and down the ballot.
That
night, while defrosting fish for supper and watching NewsHour, William P. Barr,
Trump’s former attorney general, was talking about his unfitness for the
presidency. Peterson looked at Barr with disgust, thinking of all the moments
when he had protected Trump.
“What
did you do about it?” she yelled at the television.
For
Capitol workers who were on the front lines on Jan. 6th, some have
been irretrievably traumatized and incapable of life beyond “that harrowing moment when they barricaded
themselves in offices as hundreds of Trump loyalists roamed the complex looking
for lawmakers to intimidate—or worse.”
(Time, Attachment Thirty Five)
And
then came Indictment Day, and a 911 call suggesting there was an active shooter
in the Hart Senate Office Building and what has become an all-too-familiar
routine kicked in.
“I
had to silence my cell phone, blockade my office door, and keep the staffers
here calm,” a Democratic chief of staff who refused to give his name said. The echo of
Jan. 6, 2021, was almost too precise.
“I
hate it here,” one junior staffer messaged his friends as the threat was
ongoing.
“This
s— doesn’t get any easier,” a Republican chief of staff messaged me back on a
secure app.
One of the most under-appreciated background stories since
Jan. 6, 2021, has been the slow-boiling mental health crisis plaguing Capitol Hill staffers—and not the ones
you’d think. Mid-career staffers and younger aides have never not known
active-shooter drills in their schools. Learning to hide in classrooms was simply
part of the curriculum, and now simply the way they go about their lives.
“Always be ready to run,” a House intern texted me, along with a picture of the
sneakers she keeps under her desk.
Chiefs
of staff had already noticed the growing sense of unease, especially for their
employees who were at the Capitol for the attack, and now seem to be just
waiting for it to happen all over again.
By
the time the all-clear message went across the Capitol complex, the nerves had
frayed. Capitol Police said it was likely a “bogus” call, but nonetheless went door to door
through all of the Senate office buildings just to be sure. Police then escorted staffers from the building, again just to be
sure. There was no indication of shots fired, injuries, or an ongoing threat,
but that is little consolation to the professionals on the Hill who had to
relive their Jan. 6 experiences during a week when many are already struggling
to put the trauma behind them.
Time
has summoned up some metrics that are at the ready. “In the year that followed
the Jan. 6 riots, 135 officers had left the 2,000-person Capitol Police force;
a year earlier, that number stood at 80. In 2017, there were fewer than 4,000
threats made against Congress. In 2021, that number skyrocketed to
9,600.”
That’s
why so many of the best and brightest don’t want to log a few years on Capitol
Hill. The drag on mental health isn’t remotely worth it.
The WashPost’s Philip Bump
(Attachment Thirty Six) reported that Donald Trump spent the hours after his indictment on
Tuesday “ensconced in the safest space he could muster. He was at his private
club in Bedminster, N.J., and dining with two of his most important supporters:
the CEO and the president of Fox News.”
In that moment of unusual turmoil, it was Fox
News and Trump, breaking bread after the
same instability that has defined the Fox-Trump relationship since Election Day
2020, the tug-of-war over their shared audience. “In the immediate aftermath of
the election, Fox embraced the reality of Trump’s loss, only to see the
then-president savage their coverage and stars, sending some of his most
die-hard backers to fringe-right networks, blasting Fox News for what he
presented as inappropriately generous coverage of the governor. He encouraged
his supporters to look elsewhere for news.
“It
was Fox News that reportedly sought Tuesday’s dinner,” Bump revealed. “Trump has been flirting with skipping the
first presidential debate, something that’s very much in keeping with
his indifference to debating but also serves as leverage on Fox, the channel that’s
hosting the engagement. Fox News is aware that a Trumpless debate would be a
far less compelling one, and not only for Trump supporters.”
Fox
itself appears to be seekin peace as its purported savior, DeSantis, talks
crazier and crazier and slides lower and lower in the polls.
“The latest indictment of former President Trump threatens
to destroy the First Amendment and give the federal government the
unprecedented power to criminalize political lies,” constitutional law
professor and Fox News contributor Jonathan Turley warned Saturday. (Attachment Thirty Seven)
"In order to secure convictions for this,
Special Counsel Jack Smith would need to bulldoze through not just the First
Amendment but also existing case law holding that even false statements are
protected," Turley moonlighted in an op-ed for The Hill.
Specifically, Turley said Smith’s charges assert
that Trump knew the statements he made about the 2020 election were false and
said if Trump does believe he won, "the indictment collapses."
In an effort to show Trump knew he lost
legitimately, the indictment explains that many people advised him that he
lost. Turley said Trump sought out people who
said he won but that he is allowed to do this.
Turley also warned that successfully charging
Trump in this way sets up the "dangerous" precedent of giving the
government the power to determine what’s true and what isn’t.
"There is no limiting principle to this
indictment," Turley wrote in The Hill. "The government would choose
between which politicians are lying and which are lying without cause."
Turley added that even if Judge Tanya Chutkan
supports Smith’s case, "the Supreme Court would likely balk at the
criminalization of false political speech."
The foreign media have been watching
Indictment Three with fascination (and not a little concern.
The German outlet dw.com (August 3, Attachment Thirty Eight)
agreed with most American media that charges
“could have a major impact on the Republican candidate's reelection campaign,
and they're significantly more serious than those in the past, which included
indictments for falsifying
business records in New York and withholding
top-secret documents in Florida.”
They
also acknowledged that there's a core of Trump
supporters whose minds won't be changed by anything. “In fact, Trump might even
be able to shrewdly use the trial to raise money for his campaign. He could
then, in turn, use those funds to help cover his legal fees.
One could even say that the indictment could actually help him among
this group.”
The big question, asked the Germans, “is whether or not the
trials will be finished before the elections. The court dates are set for March
and May of 2024, which is right around the time members of the two major
parties vote for candidates in the primaries.”
The proceedings will be highly complex, and Herr Drumpf
“will do everything in his power to delay the verdict until the elections are
over.” Like the Americans, dw.com
predicts that the Indictee will plead ignorance and deny intent to really
overthrow the government and hang Mike Pence – they doubt the ability of the
victor to pardon himelf, but say the final decision would be up to the Supreme
Court.
The French declare that Trump's legal troubles have, heretofore, thrust the United
States into “uncharted territory”, but the latest charges from special counsel
Jack Smith are in “a different league.”
"The indictments of Trump are truly historic in the
sense that no US president or former president before Trump has been indicted,
much less charged with spreading lies regarding an election," Carl Tobias,
a law professor at the University of Richmond told France 24 (Attachment Thirty
Nine). Another law professor, Richard
Hasen from UCLA, calls “this indictment and prosecution”: (let alone the other
two, perhaps three) the most important ever handed down to safeguard American
(thus, world) democracy.
"It's not hyperbole to say that the conduct of this
prosecution will greatly influence whether the US remains a thriving democracy
after 2024."
"What we haven't had before is a person so powerful
that they can bend the Constitution to the point of breaking," historian
Jon Meacham said on MSNBC. "(Trump) put fundamentally his own appetite,
his own ambition, ahead of everything else."
And over on the other side, the August 2nd Daily
Beast made America happy that the Trump indictment has
Team Putin shaking in their boots.
(Attachment Forty)
During his morning show Full Contact, decorated
state TV propagandist Vladimir Solovyov was aghast about the charges. “I’ve
never seen or heard of anything like it in my entire life! In America, they are
currently attempting to destroy Trump—and to do it unbelievably fast!,” he
said. “This sort of a thing never happened in American history!”
Solovyov’s
guest, Russian pundit Dmitry Evstafiev, wholeheartedly agreed, concluding that
the prospect of future negotiations between Moscow and the
U.S. government have
now been crushed—and even going so far as to suggest that the indictment could
lead to all-out war with the U.S.
“These aren’t the elites or society with whom you can negotiate!
I’m starting to lean towards your point of view that a big war is becoming
almost inevitable,” he said.
And
in a sequel, the Beastlies’ David Rothkopf opined that: “Trump and Putin need
each other more than ever...” drawing from more leaky Russians like Olga
Skabeeva, host of the state TV show 60 Minutes, whose guest Alexander Gusev, a
contributor to the Russian Foreign Affairs Ministry magazine, also predicted
that election-related conflicts, including the growing collection of
indictments against Trump, will trigger a civil war in the United States. (Attachment Forty One)
Gusev’s
solution was simple: “For us, it’s very important to get the support of the
global south, to create an anti-Western, an anti-American coalition”—to which
Skabeeva replied, “Let’s bear in mind that we’ve started doing that already.”
Maybe it’s time to bring back Prigozhin and his Afrika Korps?
And further over, in China,
called the new Indictment “...only
the latest development in Trump’s legal battles. It follows an indictment against
him in June for illegally retaining reams of documents with highly classified
intelligence and obstructing attempts by US government officials to retrieve
them.” (South China Morning Post,
Attachment Forty Two)
The Chinese also mentioned E. Jean Carroll’s
civil case which will not land the former President in prison, but may also
interrupt his campaigning and fundraising (Carroll’s lawyers have already won
$5M and are now seeking an additional $10M).
Some of the American conservative media are
espousing the same “dark and sinister rhetoric” as are the Russians.
CNN, waxing blue, alleged that “millions
of Americans are immersed in a twisted world where language used to describe
autocrats is being applied to America’s democratic institutions,” in updating
an article by Oliver Darcy which first appeared in the “Reliable Sources”
newsletter – now Attachment Forty Three.
“The
draconian rhetoric, once reserved for the likes of tyrants and dictators, has
become commonplace in right-wing media when referring to President Joe Biden
and the elected government he leads. The dark and sinister language, normalized
on mainstream conservative platforms such as Fox News, has been on full display
this week during coverage of Donald Trump’s third indictment.
“The Biden White House is referred to as the
“Biden regime.” Federal law enforcement are referred to as the “Gestapo” and
Biden’s “personal police force.”
More
comic puns proliferate, but there little comedy when talk of imprisoning
Democratic politicians — and even their families — in acts of revenge is par
for the course. “Even floating the outright execution of Biden, as Charlie Kirk
recently did, is accepted in the warped world of MAGA Media, where the audience
has been programmed through years of conditioning to welcome such vile rhetoric
into their homes.”
“The
extreme vernacular often flies under the radar, drawing eye rolls from those
outside this alternate universe and receiving little media attention,” admits
Mr. Darcy. “But it shouldn’t. Language carries with it serious consequences.”
(As witness the latest Jack Smith/Trump
kerfluffel... whether or not Djonald UnSettled was speaking of political or
physical vengeance when he promised to “come after” his millions of enemies.)
This language moves beyond mere demonization because it
suggests a need for violent resistance,” Charlie Sykes, a former conservative
talk-radio host and an editor-at-large of The Bulwark, told Darcy on Thursday.
“It’s language that undermines the integrity, the democratic institutions, and
the justice system itself. And there’s a constant escalation without much
concern where this leads or who might act on the idea that our opponents aren’t
just wrong — but evil, dangerous, and illegitimate.”
“One does not argue, debate or disagree with the Gestapo.”
Sykes admonished, “You go to war with them.”
“At the very least, Darcy responded, “the poison pumped
into the national discourse has maimed America’s shared sense of democratic
principles and contributed to profound polarization, dividing neighbors,
friends, and families.”
And... three reporters from the WashPost surmised (August
Fourth, Attachment Forty Four)... the Secret Service?
“If
convicted in any of the three criminal cases he is facing, Donald Trump may be
able to influence whether he goes to prison and what his stay there looks like
under a law that allows former U.S. presidents to keep Secret Service
protection for life,” some current and former U.S. officials told the Posties.
Could
Trump face prison? “Theoretically, yes and practically, no,” said Chuck
Rosenberg, a former top federal prosecutor and counsel to then-FBI Director
James B. Comey. Rosenberg served briefly as head of the Drug Enforcement
Administration in the Trump administration and notably said the president had “condoned police misconduct” in
remarking to officers in Long Island that they need not protect suspects’ heads
when loading them in to police vehicles.
As
an alternative to incarceration, Rosenburg floated alternate sanctions... “Probation,
fines, community service and home confinement are all alternatives.”
There
are worse places to serve out home confinement than the White House.
“This question keeps getting raised, yet no official
answers” from the Secret Service, said Jonathan Wackrow, a former Secret
Service agent and now chief operating officer for Teneo, a corporate advisory
and communications firm.”
Current
and former agents suggested that Trump’s detail would coordinate their
protection work with the Federal Bureau of Prisons to ensure there was no
conflict about duties or about how they would handle emergencies, as well as
the former president’s routine movements in a prison — “such as heading to
exercise or meals” (or in the showers). The Secret Service, they said, “would
maintain a bubble around Trump in any case, keeping him at a distance from
other inmates.”
For
how long?
“After entering a not-guilty plea in Miami federal court on June 13, Trump claimed he was being threatened with “400 years in prison,” adding up the statutory maximum penalty for the
37 counts against him. The charges he faces in D.C. related to his alleged
efforts to stay in power despite losing the election could add additional
decades, based on that math.”
“Judges
almost never apply maximum penalties to first offenders and rarely stack
sentences rather than let them run concurrently,” the Post Three stated, citing
unnamed Specialists who predicted a first offender like Djonald might face a
range of anything from 51 to 63 months on the low
end —
about five years — to 17½ to 22 years on the high end —
or about 20 years, given Trump’s alleged leadership role and abuse of trust.
And
the hostility already brewing between the Indictee and Judge Chutkin does not
bode will for Djonald ReChained.
In
the only case of an American president or vice president to be convicted of a
crime, U.S. prosecutors involved in the federal bribery prosecution that led
to Vice President Spiro T. Agnew’s
resignation in 1973 said prison time never became an issue — because he entered
a plea deal. That would seem to be off
the table according to Trump himself, who promised no deals. “I’ll never leave.”
One
potential restriction that a judge or jury may place upon Djonald UnMuzzled
is... well... muzzling. Specifically,
compelling him to stop tweeting threatening tweets on Twitter (or “X”) via
Truth Social. Or at least confining
himself to nice topics.
A separate WashPost article (8/5, Attachment Forty
Five) detailed the Justice Department’s insistence that the
Federal Court “impose firm rules on Donald Trump and his attorneys as they
review materials during the discovery process for his trial, citing, in part,
the former president’s history of revealing details about cases on social
media.”
“The
government’s proposed agreement — called a protective order — dictates that
Trump and his lawyers not disclose any of the materials they receive during the
discovery process to people who are not authorized by the court to have
knowledge of the materials.”
Or
stockpiled in his Mar-a-Lago crapper for some light reading while expunging his
burgers and KFC.
Prosecutors
said that while the agreement is not stricter than ones in standard criminal
cases, it is particularly important in this case because Trump has posted about
judges, lawyers and witnesses involved in the multiple ongoing cases in which
he is a defendant.
One
of his Truth Social postings has also earned him a potential terrorism charge,
inasmuch as he referred to the then-pending indictment by threatening: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
“If
the defendant were to begin issuing public posts using details — or, for
example, grand jury transcripts — obtained in discovery here, it could have a
harmful chilling effect on witnesses or adversely affect the fair
administration of justice in this case,” reads the filing, signed by special
counsel Jack Smith. Judge Chutkan
ordered Trump’s lawyers to respond by 5 PM today,
The
Trump campaign has already called the media post harmless political speech...
and aimed at the former president’s political critics in the Republican Party,
not trial witnesses and denied the post was a call to violence.
“The
Truth post cited is the definition of political speech, and was in response to
the RINO, China-loving, dishonest special interest groups and Super PACs,” the
statement said, referring to Club for Growth and the politically active and
deep-pocketed network funded by the billionaire industrialist Charles Koch (aka
a helluva lot of money looking for a pocket to dwell in).
GUK, not unexpectedly, saw Nazi assassins,
Wagner mercenaries and new Chinese diseases behind the posting... 8/5,
Attachment Forty Six... and cited a hearing in New York in April, where Stormy
judge Juan M Merchan told Trump to not make comments
“likely to incite violence or civil unrest” after the former president took to
Truth Social and alluded to potential “death and destruction” if he was charged
with a crime.
(This afternoon, Team Trump “complied” with
minutes to go before 5 PM, but essentially told Jack Smith and Judges Upadhyaya and Chutken to go stuff it because political
speech is protected by the First Amendment.
There will be lawyers. – DJI)
House Democrats have launched another big,
white balloon at Team Trump... one which may backfire and explode in their
faces... a proposal that the New York trial, at least, be televised. (WashPost, 8/4/, Attachment Forty Seven)
About
three dozen raunchy donkeys, led by Rep. Adam B. Schiff (Calif.), are calling
for televising the federal trials of former president Donald Trump on charges
related to the 2020 election and the retention of classified documents.
In
a letter to Judge Roslynn Mauskopf, who oversees the administration of federal
courts, the lawmakers argued that the move would bolster public acceptance of
the outcome.
A
lawyer for Trump has also suggested that they would like the expected trial on
2020 election-related charges to be televised.
Last
month, after Trump revealed that he had received a target letter from special
counsel Jack Smith, Trump attorney John Lauro said he would welcome additional
transparency.
“I
would hope that the Department of Justice would join in that effort so that we
can take the curtain away and all Americans can see what’s happening,” Lauro
told Fox News.
Opponents to
cameras in the courtroom argue that they can be disruptive, intimidate
witnesses and cause judges and jurors to lose their relative anonymity.
Jordan Singer, a law professor at New England Law in
Boston, said the Judicial Conference has been wary of cameras for fear they
could influence the behavior of people in the courtroom and that the media
might use snippets of the proceedings taken out of context.
“Allowing
video in the Trump cases increases both of these risks substantially,” Singer
said in an email. “The Judicial Conference does not want a solemn criminal
proceeding to be turned into a circus, inside or outside the courtroom. Or if a
circus atmosphere is inevitable, at least they don’t want to contribute to it.”
The key word here is “contribute”... tho’
Lauro would not say so, his client would relish the opportunity to raise more
funds, maybe even by space on the televising network (like Fox) to peddle his
merch. Maybe even Mike Pence could buy a
spot or two to sell his new gear featuring the slogan “too honest”.
House
members who signed the letter included Democrats Rep. Bennie G. Thompson, who
chaired the House select committee that investigated the Jan. 6 attack on the
Capitol, as well as Reps. Jamie B. Raskin (Md.) and Zoe Lofgren (Calif.).
Rep.
Gerald E. Connolly (D-Va.), another of the signers, said in a tweet that the
“American people have a right to know what is said in cases that concern us all,”
adding that it’s “in everyone’s best interest to know the truth.”
Connolly
has previously introduced legislation that would allow Supreme Court
proceedings to be televised.
A spokesman for
Smith declined to comment about the prospect of televised proceedings.
“Here’s
what we’ve learned from the past five days,” Aaron Blake of the WashPost
counted down on Friday (Attachment Forty Eight).
1. No candidate can escape the specter of Jan.
6. (Tru,p has signaled he
is going to make all of this very uncomfortable for the GOP in 2024 by using
it to re-litigate
the 2020 election and his false claims that it was “stolen” from him.)
2. Trump may be losing control of the clock. “Special
counsel Jack Smith’s indictment appears built for speed. For a start, he
charged Trump solo. If he charges Trump’s alleged co-conspirators, it will apparently be separately. And he kept the indictment
narrowly focused on four charges, one count each. Then Smith announced at a
news conference that “my office will seek a speedy trial.”
3. Ron DeSantis is running out of ideas. July
was not a good month for the Florida governor.
“He has gone from trailing Trump by nearly 30 points in the Republican
primary to trailing by nearly 40 points. He’s now competing just to be in
second place in states like Iowa and South Carolina, after polling close to
Trump as recently as February, before he was officially running.” Hence the multiple campaign shake-ups.
4. Trump’s woes have not helped
Biden. A New York Times/Siena College poll showed Trump and Biden tied at 43 percent in a prospective
matchup, despite most recent quality polls giving Biden a small edge.
5. Republicans won’t desert (or vouch for) Trump. There has been little in the way of a
merit-based defense of Trump after this latest indictment, as was the case
after the previous two. And relatively few Republicans have actually gone to
bat for him in any significant way — at least compared with the way they did
when the federal government searched Mar-a-Lago a year ago.
Also on Saturday, GUK reported
that a follower of the former US president could be
seen outside court waving a giant flag. “Trump or death,” it declared, not far
from the halls of Congress where lethal violence erupted on January
6,2021. (Attachment Forty Nine)
Whereas a whiff of criminality or scandal used
to be career ending for politician... (“President Richard Nixon resigned over Watergate;
Vice-President Spiro Agnew quit after being charged with bribery, tax evasion and
conspiracy; Gary Hart’s presidential campaign collapsed due to allegations of
an extramarital affair; Anthony Weiner resigned from Congress after a series of
sexting scandals,”)... Trump has “shattered the laws of the political physics.”
Far from destroying his prospects, many
observers believe, the latest and arguably most serious indictment for his
alleged role in undermining American democracy will likely fuel a march toward
the Republican party’s presidential nomination in 2024.
Rick Wilson, a veteran Republican strategist and cofounder of the Lincoln
Project, an anti-Trump group, said: “Every time he’s indicted or under the
spotlight, his numbers go up with Republican voters.
But most party leaders have stayed silent and
fallen into line, apparently terrified of alienating Trump’s fervent support
base in what critics describe as political cowardice. The handful of dissenters, like former
Congresswoman Liz Cheney of Wyoming, have either retired or been ousted.
Wilson’s
advice to Democrats for the presumed November showdown is simple: “They should
say over and over again: this is a choice between economic growth and steady
leadership in the world and at home or backing a criminal.”
Finally,
Time published a list of key dates to look forward to between now and election
2024. (Attachment Fifty)
Aug. 10, 2023: Arraignment in Florida in
classified documents case
Trump
will be arraigned in Fort Pierce, Fla. after the Justice Department charged him
in a superseding indictment with three additional felonies related to his
alleged mishandling of classified documents after leaving the White House.
Aug. 10, 2023: Hearing in Georgia
A
judge in Cobb County, Ga. will consider a petition from Trump’s lawyers after
they filed a motion to remove Fulton County District Attorney Fani Willis from
her probe into Trump's alleged efforts to overturn Georgia's presidential
election results.
Aug. 23, 2023: First GOP presidential primary
debate
Although
Trump will qualify for the debate, he has signaled that he might not
participate in the televised affair and questioned his need to Fox the stage with candidates who lag behind
him in the polls.
Aug. 28, 2023: First hearing in Jan. 6 case
Trump
will appear in federal court in Washington, D.C. for a hearing before Judge
Tanya Chutkan, who will set the trial date in the Jan. 6 case.
Sept. 27, 2023: Second GOP presidential
primary debate
Oct. 2, 2023: Trial in Trump Organization
civil fraud suit
Start
of civil trial in the $250 million lawsuit filed by New York Attorney General
Letitia James accusing Trump and the Trump Organization of manipulating
property valuations to get tax breaks and better terms on loans and insurance
policies.
Jan. 15, 2024: Trial in E. Jean Carroll civil
defamation suit
Start
of civil trial in writer E. Jean Carroll’s second defamation suit accusing
Trump of defaming her in June 2019 when he denied having raped her in a
Manhattan department store in the mid-1990s, claiming she was not his
"type."
Jan. 15, 2024: Iowa Republican caucuses
Jan. 29, 2024: Trial in pyramid scheme
class-action suit
Start
of trial in class-action lawsuit accusing Trump and his company of promoting a
get-rich-quick scheme that conned victims into forking over money.
Feb. 6, 2024: Nevada Republican primary
Feb. 27, 2024: Michigan Republican primary
March 5, 2024: Super Tuesday primaries
March 25, 2024: Trial in New York state
criminal hush-money case
Start
of criminal trial in Manhattan District Attorney Alvin Bragg’s
case accusing Trump of falsifying business records to conceal hush-money
payments to a porn star before the 2016 election.
May 14, 2024: Pretrial hearing in classified
documents case
Start
of a pretrial hearing in the classified documents case to address remaining
issues about classified evidence or other matters related to the trial.
May 20, 2024: Trial in classified documents
case
Start
of criminal trial in Special Counsel Smith’s case accusing Trump of hoarding
classified documents and obstructing the government’s efforts to retrieve them.
July 15-18, 2024: Republican National
Convention
Nov. 5, 2024: Election Day
OUR MERGED TIMELINES:
TUESDAY NIGHT through THURSDAY TWILIGHT
(Our sources range
from the good old, gray old New York Times to the Guardian U.K. on the left,
the Fox and the New York Post on the right and the allegedly “centrist”
CNN. Some of the chronology might be off
due to the tendency of some reporters to parse their reportings by the hour –
still and all, they are in reasonable order... GUK’s two timelines both
adjusted to EST.)
TUESDAY,
August 1st
1600
BREAKING NEWS 23 hour(s) ago from timeline c. 3PM,
Wednesday
Trump indicted on charges out of Special Counsel probe
into Jan. 6
FIRST
ON FOX: Former President Trump was indicted Tuesday
on charges stemming from Special Counsel Jack Smith's investigation into the
Capitol riot on Jan. 6, 2021, Fox News Digital has learned.
This
is the second federal indictment the former president faces out of
Smith’s investigation. Trump, who leads the 2024 GOP presidential primary
field, has already pleaded not guilty to 37 counts related to his alleged
improper retention of classified records from his presidency.
Those
charges include willful retention of national defense information, conspiracy
to obstruct justice and false statements. Trump was charged with an additional
three counts as part of a superseding indictment out of that probe last week.
1700
23 hour(s) ago
Trump says indictment by 'deranged' Jack
Smith intended to 'interfere' with the 2024 election
"I
hear that Deranged Jack Smith, in order to interfere with the Presidential
Election of 2024, will be putting out yet another Fake Indictment of your
favorite President, me, at 5:00 P.M." Trump wrote. "Why didn’t they
do this 2.5 years ago? Why did they wait so long?"
He
added: "Because they wanted to put it right in the middle of my campaign.
Prosecutorial Misconduct!"
Fox
News' Brooke Singman contributed to this report.
Posted by Brandon Gillespie - Fox
23 hour(s) ago
Chris Christie tells Trump to 'sell Trump Tower'
to help cover reported $40M in legal fees
GOP
presidential candidate and former New Jersey Gov. Chris Christie told former
President Trump to "sell Trump Tower" to offset some of his
legal fees rather than dip into campaign funds.
"The
fact is when you look at just his campaign filing yesterday… most of the money
that middle class Americans have given to him, he spent on his own legal fees.
I mean this guy’s a billionaire, and how about go down the street – maybe just
sells Trump Tower and pay for his legal fees that way," Christie said
Tuesday.
"Or
maybe sell the plane, he could do that, or one of the golf courses. But
instead, he’s taking $25, $50, $100 from everyday Americans who believe they’re
giving it to him to help elect him president, and he’s paying his legal fees.
And one of the most astonishing ones yesterday was $108,000 for Melania’s stylist,
and they called that political strategy consulting," he added.
Fox
News' Danielle Wallace contributed to this report.
Posted by Brandon Gillespie Fox
DEVELOPING STORY – 23 hours ago
Trump indictment lists six unnamed
co-conspirators
The
Tuesday indictment against former President Donald Trump on
charges stemming from Special Counsel Jack Smith's investigation into the Jan.
6, 2021 Capitol riot includes six unnamed co-conspirators.
Those
co-conspirators, the indictment says on pages three and four, include four
attorneys, one Justice Department official and one political consultant.
According
to the indictment, Trump "did knowingly combine, conspire, confederate and
agree with co-conspirators, known and unknown to the Grand Jury, to defraud the
United States by using dishonesty, fraud, and deceit to impair, obstruct, and
defeat the lawful federal government function by which the results of the
presidential election are collected, counted, and certified by the federal
government."
Posted by Brandon Gillespie Fox
23 hour(s) ago
Jim Jordan: 'When you drain The Swamp, The
Swamp fights back'
Rep. Jim Jordan,
R-Ohio, reacted to former President Trump's Tuesday indictment by saying the
Washington, D.C. "swamp" was fighting back against GOP efforts to tame
it.
"When
you drain The Swamp, The Swamp fights back. President Trump did nothing
wrong!" Jordan tweeted once news of the indictment broke.
Jordan,
who chairs the House Judiciary committee, is currently leading his own probe
into the DOJ investigation of Hunter Biden.
Posted by Brandon Gillespie Fox
1800
22 hour(s) ago
Vivek Ramaswamy rips 'un-American' Trump
indictment, reaffirms commitment to pardon former president
Republican
presidential candidate Vivek Ramaswamy slammed
the Tuesday indictment of former President Donald Trump as
"un-American" and reiterated his promise to pardon the former
president should he win the White House next year.
“The
corrupt federal police just won’t stop until they’ve achieved their mission:
eliminate Trump. This is un-American & I commit to pardoning Trump for this
indictment," Ramswamy said following the indictment.
"Donald
Trump isn’t responsible for what happened on Jan 6. The real cause was
systematic & pervasive censorship of citizens in the year leading up to
it," he said.
"If
you tell people they can’t speak, that’s when they scream. If you tell people
they can’t scream, that’s when they tear things down. If we fail to admit the
truth, Jan 6 will just be a preview of far worse to come & I don’t want to
see us get there," he added.
Posted by Brandon Gillespie Fox
22 hour(s) ago
DeSantis calls for law enforcement reforms
after Trump January 6 indictment
Republican
presidential candidate Governor Ron DeSantis of
Florida called for law enforcement reform after his opponent,
former President Trump, was indicted late Tuesday afternoon.
After
the announcement, DeSantis announced that he would "end the weaponization
of government" and push for law enforcement reforms if elected to the
White House.
"As
President, I will end the weaponization of government, replace the FBI
Director, and ensure a single standard of justice for all Americans,"
DeSantis tweeted.
"While
I’ve seen reports, I have not read the indictment. I do, though, believe we
need to enact reforms so that Americans have the right to remove cases from
Washington, DC to their home districts," he continued. "Washington,
DC is a ‘swamp’ and it is unfair to have to stand trial before a jury that is
reflective of the swamp mentality."
Fox
News' Houston Keene contributed to this report.
Posted by Brandon Gillespie Fox
22 hour(s) ago
WATCH: Special Counsel Jack Smith press conference
following Trump indictment
Special
Counsel Jack Smith held
a press conference following his Tuesday indictment of former President Donald
Trump.
Trump
was charged with four counts out of Smith's investigation into Jan. 6 and 2020
election interference.
Posted by Brandon Gillespie Fox
22 hour(s) ago
DOJ's Jack Smith says Jan 6 ‘fueled by
lies’ from Trump, praises ‘heroes’ who defended Capitol
Special
Counsel Jack Smith said
Tuesday that the Jan. 6, 2021 Capitol riot was "fueled by lies" from
former President Donald Trump, who he charged today with
"conspiring to defraud the United States, conspiring to disenfranchise
voters and conspiring and attempting to obstruct an official proceeding."
Smith
made a public statement shortly after the federal indictment against
Trump was unsealed Tuesday afternoon, and encouraged "everyone to read it
in full."
"The
attack on our nation's Capitol on January 6th, 2021, was an unprecedented assault
on the seat of American democracy," Smith said Tuesday. "Described in
the indictment, it was fueled by lies — lies by the defendant — targeted at
obstructing a bedrock function of the U.S. government: the nation's process of
collecting, counting and certifying the results of the presidential
election."
Smith
added, though, that the indictment "is only an allegation and that the
defendant must be presumed innocent until proven guilty beyond a reasonable
doubt in a court of law."
Fox
News' Brooke Singman contributed to this report.
Posted by Brandon Gillespie Fox
22 hour(s) ago
Greg Gutfeld: If the left isn't careful,
they will re-elect Trump
The
co-hosts of Fox News' "The
Five" weigh
in on former President Donald Trump's reaction to his indictment in Special
Counsel Jack Smith's January 6 probe.
Posted by Brandon Gillespie Fox
1900
21 hour(s) ago
DC judge assigned to Trump Jan. 6 case
labeled 'toughest punisher' in Capitol riot cases
The federal judge in
Washington, D.C. assigned to preside over the prosecution of former President
Donald Trump for charges related to the Capitol riot is notorious for issuing
tougher sentences to other Jan. 6 defendants than what the Justice Department
requested, and put every one of them behind bars.
U.S.
District Judge Tanya Chutkan was assigned to oversee the case involving
Trump, who on Tuesday was indicted on four federal charges, including
conspiracy to defraud the United States; conspiracy to obstruct an official
proceeding; obstruction of and attempt to obstruct an official proceeding; and
conspiracy against rights.
Chutkan,
a former assistant public defender before her appointment by President Barack
Obama, has handled several cases involving individuals who entered the Capitol
on January 6.
Fox
News' Brianna Herlihy contributed to this report.
Posted by Brandon Gillespie Fox
21 hour(s) ago
Top Democrat lawmakers say Trump Jan. 6
indictment is 'the most serious and the most consequential'
Top Democrat lawmakers called
the latest indictment of former President Donald Trump resulting from Special
Counsel Jack Smith's probe into the Capitol riot "the most serious and
most consequential thus far."
On
Tuesday, Trump was indicted on four federal charges including conspiracy to
defraud the United States; conspiracy to obstruct an official proceeding;
obstruction of and attempt to obstruct an official proceeding; and conspiracy
against rights.
Senate
Majority Leader Chuck Schumer, D-N.Y., and House Democratic
Leader Hakeem Jeffries, D-N.Y. issued a joint statement Tuesday evening,
saying the indictment details "a months-long criminal plot led by the
former president to defy democracy."
"The
insurrection on January 6, 2021 was one of the saddest and most infamous days
in American history, personally orchestrated by Donald Trump and fueled by his
insidious Big Lie in an attempt to undermine the 2020 election," the
lawmakers stated.
Fox
News' Brianna Herlihy contributed to this report.
Posted by Brandon Gillespie Fox
21 hour(s) ago
Read the full Trump indictment
Read
the full text of Special Counsel Jack Smith's indictment of former
President Donald Trump here.
Trump
was indicted Tuesday on charges related to the probe into the Jan. 6, 2021
storming of the U.S. Capitol and efforts to overturn the 2020 election.
21 hour(s) ago
Trump's 2024 GOP rivals weigh in on former
president's January 6 probe indictment
Donald
Trump's rivals for the 2024 Republican presidential nomination are weighing in on
Tuesday's blockbuster announcement that the former president's been indicted in
the probe into the Jan. 6, 2021 storming of the U.S. Capitol and efforts to
overturn the 2020 election.
One
of the first to release a statement was former CIA spy and former Rep. Will
Hurd of Texas, a long-shot for the nomination and a very vocal GOP Trump
critic.
"Let
me be crystal clear: Trump's presidential bid is driven by an attempt to stay
out of prison and scam his supporters into footing his legal bills.
Furthermore, his denial of the 2020 election results and actions on Jan. 6 show
he's unfit for office," Hurd charged.
Fox
News' Paul Steinhauser and Andrew Murray contributed to this report.
Posted by Brandon Gillespie Fox
2000
20 hour(s) ago
Trump indictment is a 'terribly tragic day'
and shows speech is now 'criminalized': Trump attorney
Former
president Donald Trump’s attorney slammed special counsel Jack Smith Tuesday
for indicting his client in the January 6 probe, saying it’s a
"terribly tragic day."
John
Lauro said the 45-page indictment shows that political speech has been
"criminalized."
"Joe
Biden's running against Donald Trump and losing currently. And now we have
[the] Justice Department indicting President Trump for actions that he took as
the executive, as the chief executive of the United States with respect to
public policy matters," he explained on "Special Report."
"So now we have the criminalization and the weaponization of public policy
and political speech by one political party over another."
Fox
News' Ashley Carnahan contributed to this report.
Posted by Brandon Gillespie Fox
20 hour(s) ago
Trump indictment won't fulfill Democrat
ineligibility bedtime story, Smith 'stretched law': Experts
Former
President Donald Trump's latest four-count indictment relating to the 2020
election's aftermath will not come close to fulfilling Democrats' dreams of
prohibiting the Republican front-runner from attaining high office again, a top law professor told
Fox News.
George
Washington University Law Professor Jonathan Turley's analysis was essentially seconded
by another legal expert, former New York federal prosecutor Andy McCarthy, who
noted he had himself successfully prosecuted a "seditious conspiracy"
case and said the Trump investigation gets nowhere close to that
threshold.
Fox
News correspondent David Spunt reported on "The Five" that Trump had
been indicted on four counts: conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of an attempt to
obstruct an official proceeding, and conspiracy against rights.
Turley
told "The Five" that special counsel Jack Smith might be
"yielding to his weakness" with the indictment.
Fox
News' Charles Creitz contributed to this report.
Posted by Brandon Gillespie Fox
2100
19 hour(s) ago
Pence comes out swinging at Trump following
Jan 6 indictment: 'Should never be president'
Former
Vice President Mike Pence didn't parse words when reacting to former
President Donald Trump's indictment by Special Counsel Jack Smith on Tuesday.
In
a statement released following Trump's indictment on charges related
to the Jan. 6, 2021 riot at the U.S. Capitol and efforts to overturn the 2020
presidential election, Pence accused Trump of putting himself over the
Constitution, and said a Trump candidacy would serve as a distraction from President
Biden's "disastrous" record.
"Today's
indictment serves as an important reminder: anyone who puts himself over the
Constitution should never be President of the United States," Pence said.
"I will have more to say about the government’s case after reviewing the
indictment."
"The
former president is entitled to the presumption of innocence but with this
indictment, his candidacy means more talk about January 6th and more
distractions. As Americans, his candidacy means less attention paid to Joe
Biden's disastrous economic policies afflicting millions across the United
States and to the pattern of corruption with Hunter," he said.
Pence
declared the country was "more important than one man," and
that the Constitutionwas "more important than any one man’s
career."
"On
January 6th, former President Trump demanded that I choose between him and the
Constitution. I chose the Constitution and I always will," he said.
"As
your president, I will not yield an inch in defending America, our people, or
our values, and I promise you: I will do so in a way consistent with my oath to
the Constitution and the character and decency of the American people. We will
restore a threshold of integrity and civility in public life so we can bring
real solutions to the challenges plaguing our nation," he added.
Trump was
indicted on four federal charges out of the probe, including conspiracy to
defraud the United States; conspiracy to obstruct an official proceeding; obstruction
of and attempt to obstruct an official proceeding; and conspiracy against
rights.
This
is the second federal indictment the former president faces out of
Smith’s investigation. Trump, who leads the 2024 GOP presidential primary
field, has already pleaded not guilty to 37 counts related to his alleged
improper retention of classified records from his presidency.
Fox
News' Brooke Singman, Brandon Gillespie, and Andrew Murray contributed to this
report
Posted by Adam Sabes, Fox
WEDNESDAY
0200
·
12h ago 0240
Trump charged over attempts to stay in power despite election loss
·
12h ago 0240
Indictment says Trump knowingly 'spread lies'
0300
·
11h ago 0340
Trump summoned to court on Thursday
0400
·
10h ago 0440 GUK
Trump's legal calendar before the 2024 election
0500
12h ago05.24 EDT GUK
Trump charged over attempts to stay in power despite election
loss
Donald Trump has been indicted with several crimes in connection
with his efforts to overturn the results of the 2020 election in
a frenzied attempt to stay in power.
The indictment, filed in federal district
court in Washington, charges Trump with one count of conspiracy to defraud the United States, one count
of conspiracy to obstruct an official proceeding, obstruction
of and attempt to obstruct an official proceeding,
and conspiracy against rights.
In short (and avoiding legalese) the charges relate to Trump’s alleged effort to deny the American people their
democratic right to choose their own leader.
Donald Trump faces four charges over efforts to overturn 2020 election.
·
9h ago 0540
Americans digest latest charges against Trump ahead of court appearance
Indictment says Trump knowingly 'spread lies'
The case against Trump was announced last night by special counsel Jack Smith. He is a federal prosecutor
– a government lawyer who is tasked with prosecuting
criminal cases.
When announcing the charges, Smith encourages everyone to read
in full the 45-page indictment. The document is written in
quite a straightforward, readable way, and it packs a punch, calling Trump a
liar.
You can read it in full here, but here are parts of the
introduction:
“The Defendant [Trump] lost the 2020 presidential election.
Despite having lost, the Defendant was determined to remain in
power. So for more than two months following election day … the Defendant spread lies that there had been outcome-determinative
fraud in the election and that he had actually won. These claims were false,
and the Defendant knew that they were false.”
(Note: “outcome-determinative” means that the alleged election
fraud was so big that it would have changed the outcome of the election ie mean
Trump had won)
0600
10 hour(s) ago
Latest Trump indictment draws cheers from
leftists on social media: 'Popping the champagne'
Leftists
across social media celebrated the third indictment leveled
against former President Donald Trump this week, with many marking the date
"Trump indictment day."
"Happy
#TrumpIndictment Day! Waiting for Jack Smith to drop in for victory drinks.
I’ve already started popping the champagne," former MSNBC analyst Malcolm
Nance cheered with a photo of himself celebrating with a drink in a restaurant.
"Happy
3rd Indictment Day to all who celebrate! #TrumpIndictment," YouTuber Sarah
O’Connell tweeted.
Blue
Amp Strategies CEO Cliff Schecter wrote, "Ok said this was the one thing
that would get me to break my Tweetless Tuesday. Happy pending indictment
112th Trump indictment everyone!"
10 hour(s) ago
Republicans react to 'shameful' indictment
of Trump: 'Outrageous abuse of power'
Republicans on Capitol Hill are
rallying in defense of former President Donald Trump after Special Counsel Jack
Smith hit him with a third indictment this week.
House
Republican Conference Chairwoman Elise Stefanik of New York told Fox News
Digital that Smith's indictment against Trump marks "yet another dark day
in America as Joe Biden continues to weaponize his corrupt Department of
Justice against his leading political opponent Donald J. Trump."
"Less
than 24 hours ago, Congress heard testimony from Hunter Biden’s longtime
business partner that Joe Biden joined Hunter’s business calls over 20
times," Stefanik said. "This directly contradicts Biden’s lie that he
never discussed business with his son.
Other
Republicans defending Trump include Rep. Austin Scott of Georgia; Sen. Marsha
Blackburn of Tennessee; Sen. Markwayne Mullin of Oklahoma; Rep. Troy Nehls of
Texas; Rep. Lauren Boebert of Colorado, and several others.
Posted by Anders Hagstrom Fox
Trump summoned to court on Thursday
The former president has been summoned to appear before a
federal magistrate judge in Washington DC on Thursday.
Things are moving relatively fast. Jack Smith, the special
counsel, said he would seek a “speedy
trial”, and stressed that Trump was entitled to a presumption of innocence
until proven guilty.
Trump is expected to be arraigned – a formal reading of a
criminal charging document in the presence of the defendant – at the DC
district court before magistrate judge Moxila A Upadhyaya.
For those just waking up, here is our most recent news story:
Donald Trump to appear in court over attempt to overturn 2020 US election
A reader has sent in a couple of questions that I’m sure are on
everyone’s mind:
1.) “Will he go to jail”
2.) “Will he run in 2024”
The answer to the first one is “possibly” and the
second is “still very likely”.
Trump faces charges that have maximum jail
sentences of many, many years.
There is even a scenario in which Trump both goes to jail and runs in 2024 (and even wins!).
University of California, Los Angeles law professor Richard L.
Hasen, told CNN that there is no constitutional
rule that bars “anyone indicted, or convicted, or even serving jail time, from
running as president and winning the presidency”.
“How someone would serve as president from prison is a happily
untested question,” Hasen said.
·
8h ago 0640
Trump lawyer argues January 6 indictment criminalizes speech
0700
9 hour(s) ago
Trump lashes out at indictment, says it
reveals 'corruption, scandal & failure' in US
Former
President Donald Trump lashed out once again against the third indictment leveled agaisnt him earlier
this week.
Trump
took to social media to thank his supporters for rallying to his defense, and
he went on to argue that the indictment reveals to the world that
"corruption, scandal and failure" has riddled the U.S.
"THANK
YOU TO EVERYONE!!! I HAVE NEVER HAD SO MUCH SUPPORT ON ANYTHING BEFORE. THIS
UNPRECEDENTED INDICTMENT OF A FORMER (HIGHLY SUCCESSFUL!) PRESIDENT, & THE
LEADING CANDIDATE, BY FAR, IN BOTH THE REPUBLICAN PARTY AND THE 2024 GENERAL
ELECTION, HAS AWOKEN THE WORLD TO THE CORRUPTION, SCANDAL, & FAILURE THAT
HAS TAKEN PLACE IN THE UNITED STATES FOR THE PAST THREE YEARS," Trump
wrote. "AMERICA IS A NATION IN DECLINE, BUT WE WILL MAKE IT GREAT AGAIN,
GREATER THAN EVER BEFORE. I LOVE YOU ALL!!!"
Posted by Anders Hagstrom Fox
The Trump campaign's response to
the indictment is here. An extract below:
These un-American witch hunts will fail and President Trump will
be re-elected to the White House so he can save our Country from the abuse,
incompetence, and corruption that is running through the veins of our Country
at levels never seen before.
Trump's legal calendar before the 2024 election
Trump has quite the legal calendar ahead of him, while also
seeking to run for president in the 2024 election.
Here is a rundown of all his legal
dates alongside the political calendar. As you can see, it’s going
to be impossible to untangle the two.
Léonie Chao-Fong
Here are some key takeaways from the latest indictment:
Donald Trump’s January 6 indictment: six key takeaways
0800
It’s just gone 8 am in Washington DC.
I’m going to hand over now to the US politics live
blogger, Chris Stein, who will guide you through the
rest of the day.
Americans digest latest charges against Trump ahead of court
appearance
Good morning from Washington DC. Tomorrow, Donald Trump will appear at the federal courthouse
here to answer the indictment filed against him by special prosecutor Jack Smith, accusing him of conspiring to overturn the 2020
election, allegations with few to no peers in American history. This will be
his third court appearance this year, the first being in Manhattan to answer
charges related to falsifying business records, and the second occurring in
Miami, where Smith indicted over allegedly hoarding government documents at
Mar-a-Lago.
While the indictment filed yesterday is historic, it was a long
time coming, and likely will have done little to change the immediate political
dynamics surrounding Trump. He remains a candidate for the Republican
presidential nomination, and polls have recently shown him far and away the
frontrunner in the race. He also maintains a dedicated following among GOP
voters, to the extent that many rival candidates are hesitant to criticize him
directly. We’ll see if any signs emerge of those trends shifting today.
Here’s what else is happening:
·
The
White House is fuming after ratings agency Fitch downgraded US debt from its highest mark. The
agency cited the country’s finances, as well as its repeated bouts of fiscal
brinksmanship.
·
Who
is the sixth co-conspirator? Smith’s indictment against Trump
name six people who helped Trump in his alleged plot. Five of these are clearly
identifiable based on what we know about the events leading up to January 6,
but one, described as a political consultant, is not. Expect lots of digging by
the press into who this might be.
·
Trump, meanwhile,
is doing his usual thing on Truth social, the
platform that has become his mouthpiece after getting banned from Twitter
following January 6.
6h ago 0840
Concerns over January 6 played a role in Fitch downgrade of US
debt
This is now the third indictment Donald Trump has faced this year
alone, but historians who spoke to the Washington Post say this one is more serious
than the rest.
“Just as the tearing down of the Berlin Wall showed the weakness
in the former Soviet Union, the mob on January 6 trying to use force to
overturn the will of voters shocked the world and showed our democracy’s
weakness,” Rachel Kleinfeld of the Carnegie Endowment for
International Peace, told the Post.
Here’s more from their story on the indictment’s historical
significance:
Historians and legal scholars say the new indictment, brought by federal
special prosecutor Jack Smith, is fundamentally more consequential than the
earlier ones, which related to hush money paid to an adult-film actress and the
mishandling of classified documents.
While those are serious allegations, Tuesday’s indictment
accuses a former president of the United States with attempting to subvert the
democracy upon which the nation rests. And with Trump again running for the
White House, the charges he faces pose an extraordinary test to the rule of
law, experts say.
“This gets right to the question of how elections work, how
power is transferred peacefully,” said Jon Grinspan, a curator of political
history at the National Museum of American History. “This is really a question
about the functioning of American democracy.”
Laurence Tribe, a Harvard University legal scholar, said, “The
crimes indicted are an order of magnitude beyond anything that has been
committed against this country by any American citizen, let alone a former
president.”
“This is essentially an indictment for an attempt to overturn
the Republic and its most crucial process of preserving democratic governance,
the process of peaceful and lawful transition of power,” said Tribe, who taught
Barack Obama and advised his presidential campaign and administration.
0900
As the Guardian’s Martin Pengelly reports, reactions to Trump’s
indictment for trying to overturn the 2020 election have thus far fallen mostly
along partisan lines:
While Democrats and progressives welcomed Donald Trump’s federal indictment on four charges relating
to his attempted election subversion, the former president’s chief rival for
the 2024 Republican nomination rallied to his defense.
Ron DeSantis, the Florida governor who is a distant second to
Trump in primary polling, swiftly issued a statement that notably did not
mention Trump by name.
“As president,” DeSantis said, “I will end the weaponization
of government, replace the FBI director, and ensure a single standard of
justice for all Americans.”
DeSantis, who has indicated he will pardon Trump if
elected, said he had not seen the indictment handed down by the special
counsel, Jack Smith, regarding Trump’s attempt to overturn his defeat by Joe
Biden in 2020. Nonetheless, DeSantis complained that the charges were brought
in Washington DC, a Democratic city.
DeSantis leads Republican support for Trump after election subversion
charges
5h ago 0940
Special counsel concerned lawyer for Trump co-defendant has conflict of
interest
Trump lawyer argues January 6 indictment criminalizes speech
Donald Trump’s attorney John Lauro appeared
on NBC’s Today show, and gave a few hints of the former president’s legal
strategy in defending against the indictment he faces for trying to overturn
the 2020 election.
Lauro first indicated that he objects to special counsel Jack Smith’s push to hold the trial in 90 days, calling it
“absurd”:
Smith made a similar attempt with the charges he filed against
Trump over the Mar-a-Lago documents, but a federal judge has now pushed that trial to May 2024.
Lauro also indicated that he planned to argue Smith was putting
Trump on trial over his speech, which would go against the first amendment:
1000
6 hour(s) ago
Chris Christie reacts to Trump indictment,
says Trump 'violated his oath' to Constitution
Republican
presidential candidate Chris Christie says former President Donald Trump
"violated his oath" to the U.S. Constitution with his effort to
overturn the results of the 2020 election.
Christie
made the statement Tuesday night on Twitter, condemning Trump's actions
following the 2020 election night as a "disgrace."
"The
events around the White House from election night forward are a stain on our
country’s history & a disgrace to the people who participated. This
disgrace falls the most on Donald Trump. He swore an oath to the Constitution,
violated his oath & brought shame to his presidency."
Christie
is one of several Republicans who have blasted Trump in the wake of Special
Counsel Jack Smith's indictment against him.
Reporters managed to track down attorney general Merrick Garland
somewhere to ask him about the latest indictment against Donald Trump.
Publicly, Garland has taken a hands-off approach to the work
of Jack Smith, the special counsel he appointed to investigate
the former president. As you can see from the clip below, his response to questions
from the press amounts to one long “no comment”:
Donald Trump’s legal troubles are not the only thing happening in
the world of American politics. The Guardian’s Mary Yang reports that a prominent
Democratic challenger to Joe Biden for the Democratic presidential nomination
is, surprise, surprise, being funded by a Republican:
A Super Pac affiliated with Robert F Kennedy Jr, the anti-vaccine conspiracy
theorist running for president as a Democrat, owes half its cash to a longtime
Republican mega-donor and Trump backer, according to campaign finance reports
filed on Monday.
The group, American Values 2024, reported receiving $5m from
Timothy Mellon, a wealthy businessman from Wyoming, according to NBC News and Politico. It registered with the Federal
Election Commission (FEC) in April, days before Kennedy officially launched his
campaign, according to FEC records.
Mellon, 81, is the grandson of Andrew Mellon, a former US
treasury secretary who made his fortune in banking. The Texas Tribune reported
that Mellon, a top donor to Donald Trump’s 2020 re-election effort, supported
controversial immigration laws and was responsible for 98% of the contributions
to the Texas governor Greg Abbott’s fund to build a border wall. Mellon, who twice gave $10m to
the Trump-aligned America First Action Super Pac in 2020, also used racist stereotypes to describe Black people in an
autobiography he self-published in 2015.
4h ago 1040
Obama warned Biden of Trump's continued strength - report
Concerns over January 6 played a role in Fitch downgrade of US
debt
Credit agency Fitch’s surprise downgrade of US debt from its top
rating yesterday was motivated in part by concerns over the January 6
insurrection, Reuters reports.
“It was something that we highlighted because it just is a
reflection of the deterioration in governance, it’s one of many,” senior
director at Fitch Ratings Richard Francis told
Reuters in an interview.
“You have the debt ceiling, you have Jan. 6. Clearly, if you
look at polarization with both parties ... the Democrats have gone further left
and Republicans further right, so the
middle is kind of falling apart basically.”
Fitch now rates US debt at AA+ rather than its top AAA level.
The Biden administration is unhappy with the downgrade, which Treasury
secretary Janet Yellen called “arbitrary and based on outdated
data.”
Fitch is the second of the three major ratings agencies to
downgrade US debt. In 2011, S&P downgraded the US from its top level rating
after a protracted standoff over raising the debt ceiling.
1100
5 hour(s) ago
DeSantis suggests Trump can't get fair
trial in DC, vows to defang 'weaponized' agencies
Florida
Gov. Ron DeSantis vowed to defang federal agencies like the Justice Department
after Special Counsel Jack Smith handed down a third indictment against former
President Donald Trump.
DeSantis
made the comments during
a Wednesday interview with Fox News host Harris Faulkner, saying Trump's
indictment was evidence that agencies are heavily biased against Republicans.
"One
of the reasons I'm running for president, Harris, is to reconstitutionalize the
federal government," DeSantis said. "These agencies that have become
weaponized, the FBI, the DOJ, against political opponents--that's a result of
them not being held constitutionally accountable."
"The
reality is a D.C. jury would indict a ham sandwich and convict a ham sandwich
if it was a Republcian ham sandwich," he continued. "I think
Republicans need to be able to remove cases out of D.C. I think the juries are
stacked; I think they're gonna want to convict people they disagree with."
Posted by Anders Hagstrom Fox
Here’s more from Reuters on Fitch’s surprise decision to downgrade
the US debt rating yesterday, citing factors that polarized economists and
investors:
The rating agency Fitch downgraded the US government’s top
credit rating on Tuesday, a move that drew an angry response from the White
House and surprised investors.
Fitch downgraded the United States to AA+ from AAA, citing
fiscal deterioration over the next three years and repeated down-the-wire debt
ceiling negotiations that threaten the government’s ability to pay its bills.
It is the second major rating agency after Standard & Poor’s to strip the
US of its triple-A rating.
Fitch had first flagged the possibility of a downgrade in May
amid the US debt ceiling negotiations, then maintained that position in June after
the crisis was resolved, saying it intended to resolve the review in the third
quarter of this year.
The House of Representatives is home to some of Donald Trump’s
staunchest allies in Congress, and in the wake of his indictment on charges
related to the January 6 insurrection, several lawmakers are reiterating their
support for the former president.
Such as Jim Banks, who may soon
be headed to represent Indiana in the Senate:
Dan Meuser adopted the “weaponization” allegation Trump has
repeatedly leveled against the Biden administration:
Mike Bost keeps his message simple:
In an interview with CNN, a Washington DC police officer who was
assaulted on January 6 Foxd his thoughts
on Donald Trump’s indictment over the attack:
1200
In an interview with Fox News,
Florida governor Ron DeSantis called for Donald Trump’s trial over the January
6 insurrection and effort to overturn the 2020 election to be moved out of
Washington DC:
The US capital city
is deeply Democratic, and during his presidency, Trump rarely ventured into its
streets, except to visit his hotel.
Polls show that DeSantis
is Trump’s strongest challenger for the Republican presidential nomination, but
his campaign is going much worse than
expected.
Special counsel concerned lawyer for Trump co-defendant has
conflict of interest
The Guardian’s Hugo Lowell reports that
special counsel Jack Smith is concerned that Stanley Woodward, a lawyer for Donald
Trump’s valet Walt Nauta, has a conflict of interest:
Smith indicted Nauta
alongside Trump on charges related to hiding classified government documents at
Mar-a-Lago and working the keep them out of the hands of government archivists.
Nauta was arraigned in Florida last month in proceedings that were delayed
because he struggled to find a lawyer:
2h ago 1240
US Capitol offices evacuated after threatening phone call
2h ago 1240
Pence says Trump surrounded himself with 'crackpot lawyers' as he tried
to overturn election
4 hr 40 min ago 1244
Fact check: The indictment lays
out 21 lies Trump made about the 2020 election
From CNN's Daniel
Dale
Special counsel Jack Smith said Tuesday that the January 6, 2021
attack on the US Capitol was “fueled by lies” told by former President Donald
Trump. The indictment of Trump on four new federal
criminal charges, all related to the former president’s effort
to overturn his defeat in the 2020 election, lays out some of those lies. Here
is an abbreviated list:
1. The lie: Fraud changed the
outcome of the 2020 election, that Trump “had actually won,” and that the
election was “stolen.” (Pages 1 and 40-41 of the indictment)
Trump’s claim of a stolen election
whose winner was determined by massive fraud was (and continues to be) his
overarching lie about the election. The indictment asserts that Trump knew as
early as 2020 that his narrative was false – and had been told as such by
numerous senior officials in his administration and allies outside the federal
government – but persisted in deploying it anyway, including on January 6
itself.
2. The lie: Fake pro-Trump
Electoral College electors in seven states were legitimate electors. (Pages
5 and 26)
The indictment alleges that Trump
and his alleged
co-conspirators “organized” the phony slates of electors and then
“caused” the slates to be transmitted to Vice President Mike Pence and other
government officials to try to get them counted on January 6, the day Congress
met to count the electoral votes.
3. The lie: The Justice Department
had identified significant concerns that may have affected the outcome of the
election. (Pages 6 and 27)
Attorney General William Barr and
other top Justice Department officials had told Trump that his claims of major
fraud had proved to be untrue. But the indictment alleges that Trump still
sought to have the Justice Department “make knowingly false claims of election
fraud to officials in the targeted states through a formal letter under the
Acting Attorney General’s signature, thus giving the Defendant’s lies the
backing of the federal government and attempting to improperly influence the
targeted states to replace legitimate Biden electors with the Defendant’s.”
4. The lie: Pence had the power to
reject Biden’s electoral votes. (Pages 6, 32-38)
Pence had repeatedly and
correctly told Trump that he did not have the
constitutional or legal right to send electoral votes back to the states as
Trump wanted. The indictment notes that Trump nonetheless repeatedly declared
that Pence could do so – first in private conversations and White House
meetings, then in tweets on January 5 and January 6, then in Trump’s January 6 speech in
Washington at a rally before the riot – in which
Trump, angry at Pence, allegedly inserted the false claim into his prepared
text even after advisors had managed to temporarily get it removed.
Trump will not have mugshot taken in Thursday arraignment - report
Senator and Republican
presidential candidate Tim Scott highlighted his presence on the
“weaponization” bandwagon in response to Donald Trump’s latest indictment
1300
3 hr 14 min ago 1310
Trump en route to Washington, DC,
for federal arraignment
From CNN staff
Former President Donald Trump's
plane has departed Newark, New Jersey, and he is headed to Washington,
DC, to be arraigned on
charges related to efforts to overturn the 2020
election.
As part of special counsel Jack
Smith’s investigation, Trump was charged on Tuesday with: conspiracy to defraud
the United States; conspiracy to obstruct an official proceeding; obstruction
of and attempt to obstruct an official proceeding; and conspiracy against
rights.
What to expect later today: After
arriving at the US District Court this afternoon, Trump will be placed under
arrest, processed and likely arraigned in court.
Because Trump has already been
processed in the federal system for his arrest in the Mar-a-Lago classified
documents case, his booking today is likely to be streamlined.
Trump is expected to plead not guilty
and to be released pending trial.
This is Trump's third arrest in
four months. Smith charged Trump in the classified documents
probe in June, and a Manhattan grand jury charged the former
president for business fraud in March. Trump, who
is running for president
in 2024, pleaded not guilty in both cases.
The day so far:
Donald Trump is expected to
appear in court at 4pm eastern time tomorrow in Washington DC to answer the indictment
brought against him by special counsel Jack Smith over
attempting to overturn the 2020 election. So far today, we’ve gotten hints of the former
president’s potential defense strategy from his lawyer, heard various
Republicans reaffirm their allegiance to
him and suspicion of the justice
department, and learned Smith has concerns about an attorney
hired to represent one of Trump’s co-defendants in the Mar-a-Lago case.
That’s not all
that’s been happening:
·
Why
did Fitch downgrade the US’s debt from its highest rating? The
January 6 insurrection was among the reasons.
·
Robert
F Kennedy Jr is running as Democrat for president, but is being bankrolled by a
Republican.
·
Reporters
managed to track down Merrick Garland somewhere that
wasn’t the justice department headquarters, but he still had little to say about the new
charges against Trump.
Obama warned Biden of Trump's continued strength - report
Barack Obama warned Joe Biden that Donald Trump would
be a formidable election opponent, even with his legal troubles, the Washington Post reports.
The warning came
over lunch at the White House between the current president and Obama, whom
Biden served under as vice-president from 2009 to 2017. Among the factors Obama
cited as helping Trump were “an intensely loyal following, a Trump-friendly
conservative media ecosystem and a polarized country”, the Post reports.
Here’s more from the
Post’s report:
At the lunch, held
in late June in the White House residence, Obama promised to do all he could to
help the president get reelected, according to two people familiar with the
meeting, who spoke on the condition of anonymity to discuss private
conversation.
That commitment was
a welcome gesture for the White House at a time when Biden is eager to lock
down promises of help from top Democrats, among whom Obama is easily the
biggest star, for what is likely to be a hard-fought reelection race. The
contents of the private conversation have not been previously reported.
Obama was visiting
the White House for what Biden aides described as a regular catch-up between
the two men who served in the White House together for eight years. During
their lunch, Obama made it clear his concerns were not about Biden’s political
abilities, but rather a recognition of Trump’s iron grip on the Republican
Party, according to the people.
Recent polling
suggests Trump has a significant lead over his GOP rivals and that he and Biden
are essentially tied in a
hypothetical rematch.
The White House said
there was no specific agenda for the June 27 meeting, and people briefed on the
conversation said the two presidents discussed a range of political, policy and
personal matters, including updates about their families.
4 hr 50 min ago 1334
What the security presence is like
outside the federal courthouse where Trump will be arraigned today
Washington Metropolitan Police
talk as they patrol the area outside the E. Barrett Prettyman US Federal Courthouse
on Thursday. Julio Cortez/AP
A few hours before former President Donald
Trump's arraignment Thursday, the federal courthouse in Washington, DC,
is teeming with security measures but not yet any large public gatherings.
Around 11 a.m. ET — about 5 hours
before Trump is expected to arrive — the scene was not as hectic outside the
courthouse as before Trump's other proceedings in Florida and New York, CNN's
Shimon Prokupecz reports.
Few protesters, either in favor or
opposed to the former president, have materialized, Prokupecz said. "By
this point in all the other arraignments, we have seen a fair number of people
gather," he said.
Prokupecz was reporting from the
side of the courthouse where Trump is expected to arrive around 4 p.m. ET. This
is where security efforts are particularly concentrated.
Members of the US Marshals
Service, Secret Service agents, DC police and federal law enforcement can be
seen milling around the security barriers outside the building. Snow plows are
lined up outside the metal barriers as another impediment to anyone potentially
trying to cross the line, though it isn't clear if they will ultimately be
moved into a different position when the former president's motorcade arrives.
Prokupecz said security appears
tighter than it was at Trump's Florida
arraignment: "They're not taking any chances."
Law enforcement officials involved
in the preparation for Trump’s court appearance have told CNN they are monitoring for
potential threats, protests and online chatter – as well as coordinating with
one another on security plans for the former president's
hearing.
DC’s Metropolitan Police
Department will be leading security in the district while US Secret
Service oversees the protection of the former president and the US Marshals
Service runs security inside the courthouse.
3 hr 38 min ago 1336
Trump will face his 3rd arrest in
4 months. Here's what we expect to unfold in the DC courthouse today
From CNN's Tierney Sneed, Holmes
Lybrand, Hannah Rabinowitz and Katelyn Polantz
Former President Donald Trump
is set to have his initial
appearance in federal court in Washington, DC, after being indicted
in special counsel Jack Smith’s investigation into his efforts to overturn the
2020 presidential election leading up to the January 6, 2021, attack on the US
Capitol.
Trump is flying to Washington
before heading to US District Court for his 4 p.m. ET appearance. He is
expected to speak after the appearance, before he departs to return to
Bedminster, New Jersey.
The former president is
scheduled to appear before Magistrate Judge Moxila
Upadhyaya. Handling the case going forward will be federal District Judge
Tanya Chutkan.
After arriving at the courthouse,
Trump is expected to be placed under arrest, processed and likely arraigned in
court. Because Trump has already been processed in the federal system for his
arrest in the Mar-a-Lago classified documents case, his booking today is likely
to be streamlined.
Trump is expected to plead not
guilty and to be released pending trial. He has been charged with four
counts:
·
Conspiracy to
defraud the United States
·
Conspiracy to
obstruct an official proceeding
·
Obstruction
of and attempt to obstruct an official proceeding
·
Conspiracy
against rights
Law enforcement officials are
monitoring for potential threats, protests and online chatter as well as
coordinating with one another on security plans. DC’s Metropolitan Police
Department will be leading security in the district, while US Secret Service
oversees protection of the former president, and the US Marshals Service runs
security inside the courthouse.
This is Trump's third arrest in
four months. Smith charged Trump in the classified documents
probe in June, and a Manhattan grand jury charged the former
president for business fraud in March. Trump, who
is running for president
in 2024, pleaded not guilty in both cases.
See link above for the GUK video report of how Democrats and Republicans reacted
to Donald Trump’s latest federal indictment on charges relating to his alleged
attempted election subversion.
3 hr 43 min ago 1341
Talking point that Trump faces a
two-tiered justice system is disingenuous, CNN legal analyst says
Following the latest indictment of
Donald Trump, the former president's allies immediately
began defending him and repeatedly said that he is facing a
"two-tiered justice system" — a claim CNN's chief legal
analyst Laura Coates said is disingenuous.
"It's an
interesting talking point — I have been a prosecutor. I will be
the first to tell you, yes, when it comes to the justice system,
there's a divide between the haves and have-nots," Coates noted,
however; she went on to say that you can walk into any courthouse in America
and see that those with extraordinary means have a very different experience
than those who do not.
"The conflation of this
notion of this two-tiered justice system is only applicable if your
person is the one who is now going to be held to account, is just not
a fair or accurate assessment of it," Coates said.
She added, "I think it's really
disingenuous to have a talking point that suggests that this is a continuation
of what the rest of the nation's been talking about" with regard to
injustices within the justice system.
Coates then acknowledged that
despite the claim not aligning with the reality of what most people face in the
country, it is still a valuable talking point and "it has legs."
A lawyer for John Eastman, one
of the co-conspirators named in Tuesday’s indictment of Donald Trump, said he would decline a plea
deal if offered one by federal prosecutors.
In a statement, Harvey
Silverglate said Eastman has not and will not be engaged in plea bargaining in
the case with state or federal prosecutors.
With respect to
questions as to whether Dr. Eastman is involved in plea bargaining, the answer
is no. But if he were invited to plea bargain with either state or federal
prosecutors, he would decline. The fact is, if Dr. Eastman is indicted, he will
go to trial. If convicted, he will appeal. The Eastman legal team is confident
of its legal position in this matter.
The statement
claimed the indictment relies on a “misleading presentation of the record to
contrive criminal charges against Presidential candidate Trump and to cast
ominous aspersions on his close advisors.”
4 hr 41 min ago 1343
While DC courthouse hunkers down
for Trump to arrive, judges are sentencing January 6 defendants
From CNN's Hannah Rabinowitz and
Casey Gannon
As the federal court in
Washington, DC, hunkered down for Donald Trump’s expected appearance later today, a sentencing hearing
was underway this morning for a man charged in connection with the January 6
insurrection.
District Judge Randolph Moss
addressed Trump’s appearance as he began the hearing for Jeffrey Grace, a Proud Boy from Washington state who
pleaded guilty to illegally entering and remaining in the US Capitol building
with his son on January 6, 2021.
“Nothing that is going on in the
courthouse will have any bearings on what I decide today,” Moss said. Later on,
the judge sentenced Grace to 75 days behind bars.
Moss urged lawyers for both the
government and Grace not to rush through the proceeding in an effort to leave
the courthouse before Trump arrives.
“I recognize that other things
happening in the courthouse today are garnering public attention,” Moss said to
the attorneys, adding that Grace’s sentencing is his “sole focus.”
There are several additional proceedings
for Capitol riot defendants scheduled to take place in the courthouse Thursday,
including a father and son from South Carolina accused of breaching the Capitol
and a Florida man who, according to prosecutors, texted someone on January 6:
“Loved every minute of it dude.”
While Judge Amit Mehta
did not say anything about the Trump-related court proceedings at the
courthouse during the sentencing of the Florida man, Richard Escalera, he
called the attack on the US Capitol a “dark day in the nation’s history.”
Mehta also said there “continues
to be concerns” to this day.
Mehta sentenced Escalera to seven
days of incarceration and two years of probation.
The judge has presided over
several January 6 cases, including several of the Oath Keepers. During
Thursday’s hearing, he said he has tried to stay consistent among the sentences
he has imposed.
1400
3 hour(s) ago
Ted Cruz says Trump indictment 'straight
out election interference'
Sen. Ted
Cruz ,
R-Texas, said Wednesday that former President Trump's indictment was an attempt
by Democrats to boost their chances in the 2024 election.
“It
is not subtle, and it's not complicated. This is straight out election
interference by the Biden Department of Justice," Cruz said on the
Wednesday episode of his podcast, "Verdict with Ted Cruz."
“My
biggest sentiment was that it was thoroughly underwhelming. There's very
little there there," he said about contents of the indictment
itself.
“This
is a political indictment, brought by a political prosecutor, working for a
political attorney general working for a political president, who does not want
to risk losing to Donald Trump in November of 2024," he added.
A powerful Democrat
senator has called Samuel Alito’s public expression of
opposition to US supreme court ethics reform “unwise and
unwelcome”, rejecting the conservative justice’s contention that Congress
cannot implement such measures.
“Justice Alito is
providing speculative public commentary on a bill that is still going through
the legislative process,” said Dick Durbin, a
Democrat from Illinois and the chair of the Senate judiciary committee.
He added in a
statement:
Let’s be clear:
Justice Alito is not the 101st member of the United States Senate. His
intervention … is unwise and unwelcome.
Last week,
Alito spoke to the Wall Street
Journal, often an outlet for his views
and complaints. Discussing Washington scandals about
rightwing justices taking gifts from donors with business before the court –
most notably over Clarence Thomas’s links to Harlan Crow and Alito’s own fishing trip with Paul Singer – Alito said: “I marvel at all
the nonsense that has been written about me in the last year.”
Saying he was
defending himself because “nobody else is going to do this”, the George W
Bush-appointed conservative, 73, said: “Congress did not create the supreme
court.
I know this is a
controversial view, but I’m willing to say it. No provision in the constitution
gives them the authority to regulate the supreme court – period.
Durbin, who
with Sheldon Whitehouse of Rhode
Island has sought to pilot ethics
reform in response to the Thomas and Alito scandals, rejected Alito’s position.
“The ethical conduct
of supreme court justices is a serious matter within this committee’s
jurisdiction,” he said.
3 hr 14 min ago 1410
Trump en route to Washington, DC,
for federal arraignment
From CNN staff
Former President Donald Trump's
plane has departed Newark, New Jersey, and he is headed to Washington,
DC, to be arraigned on
charges related to efforts to overturn the 2020
election.
As part of special counsel Jack
Smith’s investigation, Trump was charged on Tuesday with: conspiracy to defraud
the United States; conspiracy to obstruct an official proceeding; obstruction
of and attempt to obstruct an official proceeding; and conspiracy against
rights.
What to expect later today: After
arriving at the US District Court this afternoon, Trump will be placed under
arrest, processed and likely arraigned in court.
Because Trump has already been
processed in the federal system for his arrest in the Mar-a-Lago classified
documents case, his booking today is likely to be streamlined.
Trump is expected to plead not
guilty and to be released pending trial.
This is Trump's third arrest in
four months. Smith charged Trump in the classified documents
probe in June, and a Manhattan grand jury charged the former
president for business fraud in March. Trump, who
is running for president
in 2024, pleaded not guilty in both cases.
Donald Trump had a private
dinner with Fox News executives shortly after learning that he would be
indicted a third time, according to a New York Times report.
The two-hour dinner
between Trump, Fox News president Jay Wallace and the
network’s chief executive, Suzanne Scott, was
held in a private dining room at the former president’s golf club in
Bedminster, New Jersey, the paper said, citing sources.
During the dinner,
the Fox executives lobbied Trump to attend the first Republican presidential
primary debate later this month, the report said. The event will be hosted by
Fox News with the Republican national committee in Milwaukee.
The Fox executives
made a soft appeal for Mr. Trump to attend the debate, two of the people
familiar with the dinner said, telling the former president that he excels on
the center stage and that it presents an opportunity for him to show off his
debate skills.
According to the
paper, Trump told the Fox executives he had not yet made a decision and would
keep an open mind.
2 hr 52 min ago 1432
As he heads to Washington, Trump
criticizes judge overseeing the 2020 election interference case
From CNN's Kaitlan
Collins
As he headed to Washington,
DC, for a court appearance, former President Trump claimed
both the venue
and judge overseeing the latest case against him are "UNFAIR."
"Biden and his family steal Millions and Millions of
Dollars, including BRIBES from foreign countries, and I’m headed to D.C. to be
ARRESTED for protesting a CROOKED ELECTION. UNFAIR VENUE, UNFAIR JUDGE. We are
a Nation in Decline. MAGA!!!" Trump posted on Truth Social.
Trump is expected to publicly address the new charges,
stemming from his efforts to overturn the 2020 election, after he leaves court
Thursday, according to a person familiar with the schedule.
The former president is set to appear before a Magistrate
Judge Moxila Upadhyaya this afternoon. Handling the case going forward
will be federal District Judge Tanya Chutkan.
Chutkan has repeatedly spoken out in very strong terms
against the efforts to overturn the election and disrupt the transfer of power.
Though she was randomly appointed to oversee the special counsel’s criminal
case, she is no stranger to January 6, 2021, litigation.
In November 2021, Chutkan forcefully rejected Trump’s attempts to block the House select committee
investigating January 6 from accessing more than 700 pages of records from his
White House.
Earlier, Trump posted on Truth Social: “I NEED ONE MORE
INDICTMENT TO ENSURE MY ELECTION!”
CNN's Hannah Rabinowitz and Marshall Cohen contributed
reporting to this post.
9m
ago 1440
Messages
suggest top Trump adviser could be 'co-conspirator 6' in indictment - report
2 hr 46 min ago 1438
Pence campaign selling "Too Honest" merchandise in
reference to Trump indictment
From CNN's Kyung Lah
Former Vice President Mike Pence’s campaign is selling
T-shirts and hats branded with "Too Honest," referencing a phrase
Donald Trump allegedly uttered to Pence when he refused to go along with the
former president’s request to reject electoral votes and change the outcome of
the 2020 election.
According to the federal indictment, in one conversation on
January 1, 2021, Trump told Pence he was “too honest” when the vice president
said he lacked the authority to change the results.
After Trump was indicted earlier this week, Pence said
that "anyone who puts themselves over the Constitution should never
be president," and added that Trump "was surrounded by a group of
crackpot lawyers who kept telling him what his itching ears wanted to
hear."
Trump
will not have mugshot taken in Thursday arraignment - report
When Donald Trump appears
at a federal courthouse on Thursday afternoon to answer the indictment brought
against him by special counsel Jack Smith for
allegedly trying to overturn his 2020 election loss, he will not be formally
arrested or have his mugshot taken, Bloomberg News reports.
Citing US Marshals Service spokesman Drew Wade, Bloomberg said his appearance in Washington DC
will be similar to one he made in June in Miami, where he pled not guilty to
charges Smith filed over the classified documents found at Mar-a-Lago.
Here’s more on what we can expect tomorrow,
from Bloomberg:
The 4 p.m. hearing at the E. Barrett Prettyman
Federal Courthouse is likely to be short, but it’s an important step in kicking
off the latest case brought by Special Prosecutor John L. “Jack” Smith. Trump
is expected to be arraigned in person — which means he’ll enter an initial plea
to the charges — though the court has yet to announce specific details about
the hearing.
Before that, Trump will be processed by the
court, which will be similar to the former president’s experience in Florida
after he was indicted in June over his handling of classified documents, US
Marshals Service spokesman Drew Wade said.
Wade confirmed that Trump:
— will have his fingerprints taken digitally
— will be required to provide his social
security number, date of birth, address, and other personal information
— won’t have photograph taken, since he’s
already easily recognizable and there are already many photographs available
Trump won’t be placed under arrest, according
to Wade. In accepting the indictment Tuesday, US Magistrate Judge Moxila
Upadhyaya issued a summons for his appearance, not an arrest warrant.
The former president will then head into the
courtroom for his appearance. The summons was issued by Upadhyaya, so the
expectation is he’ll appear before her, but the case has been assigned to US
District Judge Tanya Chutkan, who was appointed by former President Barack
Obama. The court hasn’t put the hearing on the public calendar to confirm whose
courtroom he’ll go to.
During the hearing, Trump’s lawyers will
likely do most, if not all, of the talking. The government didn’t ask to put
Trump in pretrial custody while the Florida case proceeds, and there’s no
expectation they’ll ask for that now. If prosecutors want the judge to impose
any conditions on his release, however, they could make those requests, and
Trump’s lawyers would have a chance to raise objections.
Separately, Secret Service spokesman Anthony Guglielmi has released a terse statement about
what Washingtonians can expect when the former president goes to court
tomorrow:
1 hr 2 hr? 28 min ago 1456
Trump lands at Reagan National Airport ahead of federal
arraignment in DC
From CNN staff
Donald Trump's plane has landed at Reagan National Airport in
Virginia and the former president will soon head to a Washington, DC, federal
courthouse to be arraigned on charges related to efforts to overturn the 2020
election.
After arriving at the courthouse, Trump will be placed under
arrest, processed and likely arraigned in court.
1500
Pence
says Trump surrounded himself with 'crackpot lawyers' as he tried to overturn
election
Mike Pence kicked off his presidential campaign
with a speech condemning former boss Donald Trump’s campaign to overturn the 2020 election.
Pence reiterated that criticism today when
asked about the indictment filed by Jack Smith:
It’s not exactly a winning message, at least
not yet. Polls currently have Pence with single-digit support among
Republican voters.
US
Capitol offices evacuated after threatening phone call
Frightening scenes played out at the US
Capitol a few minutes ago, when police evacuated Senate office buildings in
response to a threatening phone call that was reportedly a hoax.
US Capitol police say they dispatched officers
after receiving warnings of a possible active shooter:
Politico reports the Washington DC police
department, which helps secure the Capitol complex, said the call appeared to
be a ruse:
It’s currently the Congress’s August recess,
and most lawmakers are away from the Capitol, though staff are still working.
Reporters at the scene saw people being led out from the Senate office
buildings by police with their hands in the air:
Donald Trump is a known TV watcher,
particularly of Fox News, the right-leaning network that he has had an on again, off again relationship with ever since his first campaign for the
White House.
One has to wonder if Trump caught this
interview aired today with his former vice-president Mike Pence. Speaking to Fox, Pence condemned the
ex-president for hiring “crackpot lawyers” as he sought a way to reverse his
election loss in 2020:
The hint that Trump may have can be found on Truth social, where about 10 minutes ago, he posted the
following:
I feel badly for Mike Pence, who is attracting
no crowds, enthusiasm, or loyalty from people who, as a member of the Trump
Administration, should be loving him. He didn’t fight against Election Fraud,
which we will now be easily able to prove based on the most recent Fake
Indictment & information which will have to be made available to us,
finally - a really BIG deal. The V.P. had power that Mike didn’t understand,
but after the Election, the RINOS & Dems changed the law, taking that power
away!
Trump’s claims of election fraud have been
rejected by almost every judge they have appeared before.
1600
Republican senator Ted Cruz tore into the
judge overseeing Donald Trump’s case related to his efforts to overturn the
election, claiming she would be “relentlessly hostile” to the former president.
The latest criminal case against Trump will be
overseen by the US district court judge Tanya Chutkan, an
Obama appointee who has developed a record of handing down some of the longest
criminal sentences against defendants charged with storming the Capitol in the
January 6 attack, beyond prosecutors’ recommendations.
In 2021, Chutkan was the judge who rejected
Trump’s attempt to block the House January 6 select committee investigating the
Capitol riot from gaining access to presidential records. “Presidents are not
kings, and plaintiff is not president,” she wrote at the time.
Chutkan “has a reputation for being far left,
even by DC district court standards”, Cruz said in an episode on his podcast on
Wednesday. He added:
We can anticipate a judge who is going to be
relentlessly hostile to Donald Trump who is going to bend over backwards for
the Biden DOJ, and who is going to make ruling, after ruling, after ruling
against Trump.
Cruz – along with every other Republican
senator at the time – voted for Chutkan’s confirmation in 2014.
Federal prosecutors requested a hearing to
inform Donald Trump’s valet, Walt Nauta, about
his lead lawyer’s potential conflicts of interest stemming from his defense
work for at least three witnesses that could testify against Nauta and the
former president in the classified documents case.
The prosecutors made the request to US
district court judge Aileen Cannon on Wednesday,
explaining that Nauta’s lead lawyer, Stanley Woodward, represents
two key Trump employees and formerly advised the Mar-a-Lago IT director, Yuscil Taveras, who is cooperating in the case.
Prosecutors wrote in the 11-page court filing:
All three of these witnesses may be witnesses
for the government at trial, raising the possibility that Mr Woodward might be
in the position of cross-examining past or current clients.
At issue is Woodward’s prior representation of
Taveras during the grand jury investigation earlier this year, when prosecutors
concluded that Taveras had evidence that incriminated Nauta and had enough of
his own legal exposure to warrant sending him a target letter.
After Trump and Nauta were indicted in the
classified documents case on 8 June, Taveras changed lawyers and swapped out
Woodward, whose legal bills were being paid by Trump’s political action
committee Save America, and retained a new lawyer on 5 July.
In the weeks that followed, Taveras decided
to Fox more evidence with prosecutors
about how Nauta and Mar-a-Lago maintenance worker Carlos De
Oliveira had asked him to delete surveillance footage – details
that resulted last week in a superseding indictment against Trump, Nauta and De Oliveira.
1700
Messages
suggest top Trump adviser could be 'co-conspirator 6' in indictment - report
Donald Trump’s latest indictment lists six
unnamed co-conspirators alleged to have helped the former president in his
efforts to subvert the 2020 election results.
The former president’s six co-conspirators
were not charged in the indictment.
These include a justice department official,
probably the then assistant attorney general Jeff Clark (“Co-Conspirator
4”), as well as four Republican lawyers, seemingly
including Trump’s personal attorney Rudy Giuliani (“Co-Conspirator
1”); the law professor John Eastman (“Co-Conspirator
2”), who concocted the false theory that the
vice-president had the authority to intervene in the electoral vote counting
ceremony; Ken Chesebro (“Co-Conspirator 5”), an author of the
fake electors scheme; and the quack pro-Trump conspiracy theorist Sidney Powell (“Co-Conspirator 3”).
Also listed is an unidentified “Co-Conspirator
6”. The indictment describes the person as a “political consultant who helped
implement a plan to submit fraudulent slates of presidential electors to
obstruct the certification proceeding”.
An email sent by Boris
Epshteyn, Trump’s campaign adviser and legal counsel, matches the
description of an email that the indictment attributed to one of six unnamed
co-conspirators, according to a New York Times report.
The email, sent on 7 December 2020, from
Epshteyn to Giuliani and Giuliani’s son, Andrew, had the subject line
“Attorneys for Electors Memo”, the paper writes. The email states: “Dear Mayor,
as discussed, below are the attorneys I would recommend for the memo on
choosing electors,” and goes on to identify lawyers in seven states.
The indictment states that Co-conspirator 1
“spoke with Co-conspirator 6 regarding attorneys who could assist in the
fraudulent elector effort in the targeted states” and received an email from
Co-conspirator 6 “identifying attorneys in Arizona, Georgia, Michigan, Nevada,
New Mexico, Pennsylvania and Wisconsin.” Those are the seven states in the
email that Epshteyn sent to Giuliani, the paper writes.
Epshteyn has been one of Trump’s closest
advisers in recent years, with more knowledge about the former president’s
legal entanglements than perhaps anyone else.
He was interviewed in April by special counsel prosecutors
investigating Trump’s retention of classified-marked documents at his
Mar-a-Lago resort and his role in the January 6 Capitol attack.
THURSDAY
0700
10 hour(s) ago 0700
Trump's court appearance will be 'short' and
'choreographed': Andy McCarthy
Fox News contributor Andy
McCarthy said Wednesday that Donald Trump's appearance in federal court in
Washington, D.C., at 4 p.m. ET will be short and appear
"choreographed."
"Because there's
been an indictment, this will be an arraignment, which means it's a proceeding
before the court in which the former president will be asked to enter a plea to
the indictment that was just filed yesterday," McCarthy said.
"He'll obviously
enter a plea of not guilty. It'll be choreographed in the sense that because of
the security concerns, the Secret Service will have collaborated with the court
personnel and the other agencies involved in the case to make sure that the former
president is ushered into the court," he added.
"It'll be short.
He'll enter a plea. Bail will not be an issue in this case."
McCarthy discussed
Trump's court appearance with former FBI special agent Nicole Parker and former
DOJ official Tom Dupree on "Your World" with Neil Cavuto.
10 hour(s) ago 0700
Legal experts slam Jack Smith for bringing 'lousy' case
against Trump: 'Disinformation indictment'
Legal experts are criticizing special
counsel Jack Smith for his latest
indictment against Donald Trump for accusing the former president of
spreading disinformation and other activities protected by the First Amendment.
Trump was indicted out of
Special Counsel Jack Smith’s investigation related to 2020 election
interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as
conspiracy to obstruct an official proceeding.
"The most jarring
thing about this indictment is it basically just accuses him of disinformation
— this is a disinformation indictment," said legal scholar Jonathan
Turley, a professor of public interest law at George Washington University and
a Fox News contributor.
"It said [Trump] was
spreading falsehoods, that [he] was undermining integrity of the election —
that is all part of the First Amendment," Turley said. "And I think
that courts will look skeptically."
Andy McCarthy, a former
federal prosecutor and assistant U.S. attorney for the Southern District of New
York and a Fox News contributor, told Fox News Digital that Smith brought
"a lousy case."
"I think all the
counts have significant legal problems, and that’s even before you get to the
complex problems of trying to prove Trump’s intent," McCarthy said.
But not every legal
expert says Smith's case is weak. Laurence Tribe, professor of constitutional
law emeritus at Harvard University, told Fox News Digital that Smith has
brought an "airtight" indictment against the former president.
"The factual
details, if true as claimed, leave Trump with no legitimate legal
defenses," Tribe said. "And the sources for all the damning direct
quotations, including those by Mr. Trump himself, are all individuals he
hand-picked for their loyalty to him — they have no conceivable motive to lie.
And there’s no chance they’re misremembering anything so stark."
Tribe told Fox News
Digital that Trump’s "only hope to avoid conviction" on this latest
set of charges is "to get someone installed as president who would pardon
him or get the Justice Department to drop the case."
Fox news' Brooke Singman
contributed to this report.
10 hour(s) ago 0700
Pence rejects Trump lawyer's suggestion he could have
'paused' 2020 electoral vote certification
Former Vice
President Mike Pence on Wednesday rejected the notion by former
President Donald Trump's then-attorney John Eastman that he could have
"paused" the certification of the Electoral College vote on January
6, 2021, referring to him as a "crackpot" lawyer.
Pence made the comments
during an appearance on Fox News' "The
Story," telling host Martha MacCallum that he
did his duty as vice president according to the Constitution by not bowing to
calls for him to stop the certification of the 2020 presidential election
results.
"I was confident as
a student of American history that those founders would have never vested the
vice president or anyone else with unilateral authority to decide what
Electoral College votes to count and which not to count. I was clear on that
throughout. I was clear with President Trump throughout all the way up to the
morning of January 6th," Pence said.
"But let's let's be
clear on this point. It wasn't just that he asked for a pause. The president
specifically asked me — and his gaggle of crackpot lawyers asked me — to
literally reject votes, which would have resulted in the issue being turned
over to the House of Representatives. And literally chaos would have
ensued," he added.
Fox News' Brandon Gillespie
contributed to this report.
10 hour(s) ago 0700
Mike Pence's secret notes revealed in Jack Smith's Trump
indictment
Then-Vice President Mike Pence took
"contemporaneous notes" of his conversations with Donald Trump in the
days before the Capitol riot on Jan. 6, 2021, Special Counsel Jack Smith's
indictment of the former president revealed Tuesday.
Pence's previously unreported
notes are presented as evidence
against Trump, who faces four federal charges related to his actions after the
2020 presidential election and unproven claims the election was stolen. Trump
is charged with conspiracy to defraud the United States; conspiracy to obstruct
an official proceeding; obstruction of and attempt to obstruct an official
proceeding; and conspiracy against rights.
The indictment cites
several phone calls between Trump and Pence in late December 2020 and early
January 2021 in which Trump allegedly made "knowingly false" claims
about the election and pressured his vice president to stop Congress from
certifying Joe Biden's victory. Pence recounted some of these conversations in
his memoir, "So Help Me God."
Pence's notes recount how
Trump told him the "Justice Department [was] finding major
infractions" in the election, a claim the special counsel calls false.
During a meeting on Jan.
3, 2021, Trump allegedly said "Bottom line-won every state by 100,000s of
votes" and "We son every state." Citing Pence's notes, the
indictment also claims Trump asked, "What about 205,000 votes more in PA
than voters?" — a claim his senior Department of Justice officials had
debunked as early as the day before, the indictment alleges.
10 hour(s) ago 0700
Trump to appear in federal court after being charged with
crimes related to Jan 6
Former President Donald
Trump is scheduled to appear in federal
court in Washington, D.C., Thursday afternoon after being indicted on charges
that stem from Special Counsel Jack Smith’s investigation into 2020 election
interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP
front-runner, faces four federal charges, including conspiracy to defraud the
United States, conspiracy to obstruct an official proceeding, obstruction of
and attempt to obstruct an official proceeding, and conspiracy against rights.
The former president is
expected to travel from Bedminster, New Jersey, to Washington, D.C., on
Thursday. He was ordered to appear in federal court for a 4 p.m. arraignment.
This is
the second federal indictment the former
president faces out of Smith’s investigation. Trump, who leads the 2024 GOP
presidential primary field, has already pleaded not guilty to 37 counts related
to his alleged improper retention of classified records from his presidency.
Those charges include
willful retention of national defense information, conspiracy to obstruct
justice, and false statements. Trump was charged with an additional three
counts as part of a superseding indictment out of that probe last week.
Trump is the first former
president in U.S. history to face federal criminal charges.
Fox News' Brooke Singman
contributed to this report.
0800
9 hour(s) ago 0800
Latest Trump indictment draws cheers from leftists on social
media: 'Popping the champagne'
Special Counsel Jack
Smith’s latest indictment against former
President Donald Trump was a cause for celebration for many left-wing
Twitter users on Tuesday.
"Happy
#TrumpIndictment Day! Waiting for Jack Smith to drop in for victory drinks.
I’ve already started popping the champagne," former MSNBC analyst Malcolm
Nance cheered with a photo of himself celebrating with a drink in a restaurant.
"Happy 3rd
Indictment Day to all who celebrate! #TrumpIndictment," YouTuber Sarah
O’Connell tweeted.
Blue Amp Strategies CEO
Cliff Schecter wrote, "Ok said this was the one thing that would get me to
break my Tweetless Tuesday. Happy pending indictment 112th Trump
indictment everyone!"
Journalist Sophia A.
Nelson said, "This is a good day for the Republic, it shows the checks and
balances work. We will be okay as long as the institutions hold."
"RT if you agree
that Jack Smith is an American hero," political strategist Rachel
Bitecofer commented.
Celebrity hair stylist
Elgin Charles agreed, "Jack Smith is a true American hero."
Fox News' Lindsay Kornick
contributed to this report.
9 hour(s) ago 0800
Eric Trump says father will 'fight like hell' against
special counsel's indictment
Trump Organization vice
president Eric Trump pledged his
father Donald will "fight like hell" against Special Counsel
Jack Smith's latest indictment.
Smith
indicted former President Trump Tuesday on four charges – conspiracy
to defraud the United States, conspiracy to obstruct an official proceeding,
obstructing an official proceeding, as well as a post-Civil War law intended to
blunt Ku Klux Klan intimidation of newly-freed slaves; conspiracy against
rights.
"We've dealt with
this nonsense from the very beginning. We dealt with it with all the
impeachments," Eric Trump, who also serves as president of Trump Winery in
Virginia, told Fox News on Wednesday.
"We dealt with the
slanderous Russia lies the [allegations] that we were colluding with the
Kremlin [and] that we had secret servers in the basement of Trump Tower."
The younger Trump
told "Jesse Watters Primetime" that allegations
from the Washington, D.C. establishment have been "lie after lie"
intended to weaken him and his populist movement.
"They've slandered
him from day-one," he said, collectively calling Smith and other
detractors "desperate."
Fox News' Charles Creitz
contributed to this report.
9 hour(s) ago 0800
'View' co-host bets audience member that Trump 'will go
to jail'
"The
View" co-host Sunny Hostin bet an audience
member, CNN's Elie Honig, on Wednesday that Donald Trump would go to jail
following his latest indictment related to Jan. 6.
At the end of "The
View" on Wednesday, co-host Alyssa Farah Griffin was recommending some
books and included one of Honig's books, "Untouchable: How Powerful People
Get Away with It," and pointed to the CNN legal analyst in the audience.
"I picked this book,
it came out in January 2023 but one of the most common questions I get, we talk
about a lot on this show, how do people like Trump or how do the rich and
powerful seem to get away with it? There doesn’t seem to be the same
accountability that the average Joe has, and this book explains the methodology
of why it’s tough to nail these people down. And he profiles, I mean he
predicts a lot of what we’re seeing with Donald Trump but Harry Weinstein,
Jeffrey Epstein and Donald Trump. It’s a must read when you try to figure out
how people weaponize the legal system to help them," Griffin said.
Co-host Joy Behar turned to Honig and
asked him if he thinks Trump would go to jail.
"No," he said.
"Sorry, but no. Doesn't mean he won't be convicted, but I don't believe
he'll go to jail, certainly not before the election, if you're counting on
that."
Hostin chimed in and
said, "I'll take that bet, Elie."
"Ok, I know you have
one with Alyssa, I'll double on it," he responded.
Fox News' Hanna Panreck
contributed to this report.
9 hour(s) ago 0800
CNN analyst's comparison of Trump indictment to killing
bin Laden leaves anchor taken aback
Former D.C. Metropolitan
police officer and CNN
analyst Michael Fanone claimed Tuesday’s
federal indictment of former President Donald Trump in relation to the Jan. 6,
2021, Capitol riot made him feel the exact same way he felt when the U.S. military
"killed Osama bin Laden."
Fanone, who was present
at the U.S. Capitol on Jan. 6 and who has testified before the U.S. House
select committee investigating the riot that day, told CNN host Laura Coates on Tuesday he
believed that Trump’s actions surrounding the event were "absolutely"
comparable to bin Laden’s terror attack against the U.S. on 9/11.
"When I first
learned about the indictment, I had a long conversation with a friend of mine,
Ryan Reilly, and I told him how proud I felt to be an American at that moment.
Much in the way that I did when I learned that our military had killed Osama
bin Laden. I just felt incredibly proud," Fanone said.
HIs words seemed to
perturb Coates, who paused and admitted to the former law enforcement officer
that his statement was an "eyebrow-raising" one.
Fox News' Gabriel Hays
contributed to this report.
9 hour(s) ago 0800
DeSantis blasted by critics, Trump world over indictment
response: 'Not a wartime conservative'
Supporters of former President Donald Trump and other
conservatives lashed out at Florida Gov. Ron DeSantis for what they said was an
underwhelming response to news of the latest indictment against Trump and said
it shows he's the wrong pick for 2024.
"As President, I
will end the weaponization of government, replace the FBI Director, and ensure
a single standard of justice for all Americans," DeSantis tweeted shortly
after news broke Tuesday that Trump had been indicted
on charges stemming from Special Counsel Jack Smith's investigation
into the Capitol riot on Jan. 6, 2021.
"While I’ve seen
reports, I have not read the indictment. I do, though, believe we need to enact
reforms so that Americans have the right to remove cases from Washington, DC to
their home districts. Washington, DC is a ‘swamp’ and it is unfair to have to
stand trial before a jury that is reflective of the swamp mentality. One of the
reasons our country is in decline is the politicization of the rule of law. No
more excuses — I will end the weaponization of the federal government."
The DeSantis tweet calling for an end
to the weaponization of government was seen over 4 million times and
"ratioed" mostly by Trump supporters and surrogates. They accused the
Florida Republican of not speaking out forcefully enough against the specific
targeting of Trump, not mentioning him by name and not promising a pardon.
"It makes me really
sad that the best, most based governor in America decided to base his entire
presidential campaign on not knowing what time it is," Federalist CEO Sean
Davis tweeted. "Robotically reciting ‘I will enact reforms’ is not how you
respond when a corrupt government announces that it plans to throw its
opposition in prison for the crime of opposition."
"Not a wartime
conservative," political commentator Jack Posobiec tweeted.
"YOUR TOP POLITICAL
OPPONENT IS BEING UNJUSTLY PERSECUTED," Fox News contributor Caitlyn
Jenner tweeted. "Agree to pardon him! This is a sham and you know it.
But you hope you benefit from it. SHAME ON TEAM DESANTIS!"
Fox News' Andrew Mark Miller
contributed to this report.
9 hour(s) ago 0800
Jonathan Turley concerned about 'chilling' new Trump
charges: 'When is the price too high?'
Constitutional law
professor Jonathan Turley warned the latest indictment of former President
Donald Trump has "chilling" implications for free speech in America.
On "The Brian Kilmeade
Show" on Wednesday, Turley explained that
the Constitution protects Trump's ability to claim the 2020 election was
stolen, even if he knew his claim was false.
"The burden is on
the prosecution. And the question is, how do you actually prove this? What the
indictment says is lots of people told Trump that the election wasn't stolen
and that the challenge, the certification was invalid. Well, fine. I was one of
those people saying that. But he had other people saying the opposite. He had
attorneys, not a small number saying, ‘No, you can make these challenges. So
the election was stolen. There is this evidence.’ Millions of Americans believe
that. And so it's a weird indictment," Turley said.
"What concerns me
here is that the implications of this filing for free speech are quite
chilling. And those people celebrating this indictment are dismissing that, and
they shouldn't. ... When is the price too high?"
0900
8 hour(s) ago 0900
Pence comes out swinging at Trump following Jan 6
indictment: 'Should never be president'
Former Vice
President Mike Pence did not parse words when reacting to
former President Trump's indictment by Special Counsel Jack Smith on Tuesday.
In a statement released
following Trump's indictment on charges related
to the Jan. 6, 2021 riot at the U.S. Capitol and efforts to overturn the 2020
presidential election, Pence accused Trump of putting himself over the
Constitution, and said a Trump candidacy would serve as a distraction from
President Biden's "disastrous" record.
"Today's indictment
serves as an important reminder: anyone who puts himself over the Constitution
should never be President of the United States," Pence said. "I will
have more to say about the government’s case after reviewing the
indictment."
"The former
president is entitled to the presumption of innocence but with this indictment,
his candidacy means more talk about January 6th and more distractions. As
Americans, his candidacy means less attention paid to Joe Biden's disastrous
economic policies afflicting millions across the United States and to the
pattern of corruption with Hunter," he said.
Pence declared the country
was "more important than one man," and that the
Constitution was "more important than any one man’s
career."
"On January 6th,
former President Trump demanded that I choose between him and the Constitution.
I chose the Constitution and I always will," he said.
"As your president,
I will not yield an inch in defending America, our people, or our values, and I
promise you: I will do so in a way consistent with my oath to the Constitution
and the character and decency of the American people. We will restore a
threshold of integrity and civility in public life so we can bring real
solutions to the challenges plaguing our nation," he added.
Fox News' Brandon Gillespie and
Andrew Murray contributed to this report.
8 hour(s) ago 0900
Jack Smith 'should be indicted for stupidity' after
latest Trump charges: legal analyst
Special Counsel Jack
Smith, who brought four new
2020-election-related charges against former President Donald Trump earlier
Tuesday, should be "indicted for stupidity" according
to one legal analyst.
Gregg Jarrett told Fox
News that the 45-page indictment of Trump, in which Smith lays out charges
including one count better known for being used against the Ku Klux Klan in the
1870s, is an "amateurish joke."
Trump was charged with conspiracy
to defraud the United States, attempt to obstruct an official proceeding, conspiracy
to obstruct an official proceeding and conspiracy against rights – the latter
of which was drafted to counteract intimidation of recently freed slaves newly
protected by the 14th and 15th Amendments.
"This indictment
strikes me as an amateurish joke, frankly," Jarrett said. "Jack Smith
as special counsel should be indicted for stupidity – It's that
bad."
Jarrett told
"Hannity" that Smith has a "disreputable habit" of charging
"politically driven prosecutions."
Fox News' Charles Creitz
contributed to this report.
1000
7 hour(s) ago 1000
Trump accuses Biden DOJ of strategy to drain campaign
funds for legal defense before election
Donald Trump on Thursday
accused the Biden administration of bringing up
criminal charges against him to drain funds from his 2024 presidential
campaign.
In a post on Truth Social,
Trump said the Department of Justice has forced him "to spend large
amounts of time & money" on his legal defense instead of his
campaign.
"Look, it’s not my
fault that my political opponent in the Democrat Party, Crooked Joe Biden, has
told his Attorney General to charge the leading (by far!) Republican Nominee
& former President of the United States, me, with as many crimes as can be
concocted so that he is forced to spend large amounts of time & money to
defend himself," Trump said. "The Dems don’t want to run against me
or they would not be doing this unprecedented weaponization of “Justice.” BUT
SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"
Campaign finance
documents show Trump, the Republican presidential front-runner, burned through
at least $42.8 million this year, much of it used to cover costs related to his
mounting legal peril. The former president has $31.8 million cash on hand.
Fox News' Danielle Wallace
contributed to this report.
7 hour(s) ago 1000
Trump says he's 'never had so much support' as critics
rip latest indictment
Former President Donald Trump boasted that he’s
"never had so much support" the morning after he was
indicted by a grand jury on federal charges related to his alleged efforts
to overturn his loss in the 2020 election.
It’s the second federal
indictment brought against Trump in investigations led by Special Counsel Jack
Smith, who also probed the former president’s removal and possession of
classified documents from the White House.
"Thank you to
everyone!!! I have never had so much support on anything before," Trump
wrote in an all-caps message on his Truth Social app.
"This unprecedented
indictment of a former (highly successful!) president, & the leading
candidate, by far, in both the Republican Party and the 2024 general election,
has awoken the world to the corruption, scandal, & failure that has taken
place in the United States for the past three years," the former president
said.
"America is a nation
in decline, but we will make it great again, greater than ever before. I love
you all!!!"
Fox News' Elizabeth Elkind
contributed to this report.
1100
6 hour(s) ago 1100
New Trump charges hammered by former FBI official:
'Thought I was reading a NY Times op-ed'
On "Fox &
Friends First" on Wednesday, former Assistant FBI Director Chris
Swecker sounded off on the "extraordinary" indictment against Trump, arguing
it read more like an "op-ed or political manifesto."
"This is an
extraordinary indictment. When I read it, I thought I was reading a New York
Times op-ed or a political manifesto. Where's the beef? There is nothing in
there that goes beyond opinion, talking, expressing things," Swecker said.
"And I'm not
defending President Trump because I think he did a lot of things that were
ill-advised and unwise, probably against his lawyers' advice," he
continued. "But these charges are conspiracy charges. That means there are
other people involved. And I think there are six or seven lawyers that are...
unnamed or not named, but they are unnamed co-conspirators. And it is alleging
basically that Trump provided some sort of disinformation campaign, that he knew
that the election was not stolen, that there was not enough fraud to have
stolen the election. And yet he went forward with all of these actions and
tried to get the election overturned in a lot of different ways. But those
charges are extraordinary.
"I don't think I've
ever seen an indictment like this in my 40-plus years in this business. So,
it'll be interesting to see. I know he does not have a favorable judge. He has
an unfavorable judge. We'll see. I think this case could get thrown out if it
really were an objective Constitution-adhering judge, you would see this case
thrown out very early in the process."
Fox News' Madeline Coggins
contributed to this report.
6 hour(s) ago 1100
GOP presidential candidate Nikki Haley breaks silence on
Trump indictment
Ambassador
Nikki Haley speaks to guests during a campaign stop at Wildwood Smokehouse on
July 29, 2023 in Iowa City, Iowa. Yesterday Haley joined 12 other GOP
presidential contenders at the Republican Party of Iowa 2023 Lincoln Dinner.
(Photo by Scott Olson/Getty Images)
Republican presidential
candidate Nikki Haley explained Thursday why she did not
release a statement after her 2024 rival Donald Trump was indicted by a federal
grand jury.
Speaking on a New
Hampshire talk radio station, Haley reportedly said she kept silent
"because like most Americans, I'm tired of talking about it. We should be
talking about the security threat posed by China." Haley's comments were
reported by NH Journal.
Several other GOP
hopefuls weighed in this week on the blockbuster announcement that former
President Trump had been indicted in the probe into the Jan. 6, 2021, storming
of the U.S. Capitol and efforts to overturn the 2020 election.
One of the first to
release a statement was former CIA spy and former Rep. Will Hurd of Texas, a
long-shot for the nomination and a very vocal GOP Trump critic.
"Let me be crystal
clear: Trump's presidential bid is driven by an attempt to stay out of prison
and scam his supporters into footing his legal bills. Furthermore, his denial
of the 2020 election results and actions on Jan. 6 show he's unfit for
office," Hurd wrote.
Former Vice President Mike
Pence also issued a statement highly critical of Trump, writing that
"today's indictment serves as an important reminder: anyone who puts
himself over the Constitution should never be President of the United
States."
Florida Gov. Ron DeSantis, on the other hand,
pledged to "end the weaponization of government, replace the FBI Director,
and ensure a single standard of justice for all Americans," without
mentioning Trump by name.
Sen. Tim Scott, R-S.C.,
said he also was concerned about the "weaponization" of the Justice
Department. Vivek Ramaswamy went further by committing to pardon Trump.
Fox News' Andrew Murray and
Paul Steinhauser contributed to this report.
1200
5 hour(s) ago 1200
Republican voter tells 'Fox & Friends' that Trump is
being 'victimized'
A diverse panel of voters
weighed in on the latest indictment against former President Donald Trump on
"Fox & Friends" Thursday morning.
"It just seems like
an ex-boyfriend seeking revenge in court and just slamming their spouse,"
said Republican voter Lydia Dominguez, an Air Force veteran and former Democrat from Las Vegas.
"All these different charges, it's just overwhelming. I'm over it. They
just need to move on."
Republican voter Moses
Sanchez of Arizona said he thinks "most people aren't paying attention to
the specifics" of the charges against Trump.
"I think the average
American couldn't tell you the difference between the third indictment, the
second indictment — which indictment is this? I think a lot of people are just
checked out," Sanchez said. "Clearly [Trump] has calcified his
support during this time and during this indictment and a lot of voters feel
like he is being attacked by the mainstream media and he's being
victimized."
Bernadette Wright, an
independent from Georgia, agreed with the others that the timing of the
indictment is "strange."
"It's taking over
all of the election news," said Wright. "He has gotten so big that
it's gotten out of control."
5 hour(s) ago 1200
Levin warns Trump indictment is part of 'passive
revolution' by Democrats
Former Reagan Justice
Department chief of staff Mark Levin warned the current
DOJ's legal pursuit and indictment of former President Donald Trump is another
step in the "unraveling" of America at the hands of Democrats.
Levin, host of
"Life, Liberty & Levin" on Fox News, said Wednesday he is praying
that his premonitions are wrong, but asserted the Democratic Party is
intentionally creating a "combustible situation" among the populace,
even beyond its indictment of a former president on charges that could
land Trump in prison for hundreds of years.
"You see what's
going on. You see we're unraveling… The Democrat Party is destroying our
schools, it's destroying parental rights, it's destroying the nuclear family,
it's destroying people of faith. It's gone after the Catholic Church. The
Democrat Party is promoting censorship in all of its departments and agencies.
It's destroying our traditions," Levin said.
Levin said President
Biden's claim his administration is building a "bottom up; middle
out" society is anything but true, instead contending the behavior of the
president and Democratic Party is that of a "passive revolution" that
is nonviolent but radically transforms longstanding institutions to control all
aspects of life and repress political opposition.
"It's the kind of
revolution that Antonio Gramsci, an Italian Communist, and even [Soviet leader
Vladimir] Lenin talked about, where they take over the institutions of
government, they take over the institutions of the culture and they impose
their will."
"We now have a
government that's banning household products from light bulbs to automobiles in
order to control your life. We have a government that is destroying your
lifestyle; driving up the cost of energy. It's going to get worse before it
gets better."
He said of Trump's latest
indictment that nothing like this has happened since 1776, and said all of the
prosecutors charging or potentially preparing to charge Trump are politically
opposed to him.
"They will use any
tool they can. They don't care about free speech. They don't care about the
Bill of Rights. They don't care about attorney-client privilege… This is a
Democrat Party that is power-hungry, and they see an opportunity right now to
monopolize the government and politics forevermore."
Fox News' Charles Creitz
contributed to this report.
5 hours ago 1220
Trump en route to Washington
Former President Donald Trump's motorcade is pulling out of
his golf club in Bedminster, NJ, and is en route to Newark Liberty
International Airport for the short flight to the nation's capital.
The 45th president's arraignment is set for 4 p.m. in DC
federal court.
5 hours ago 1220
Trump claims he is being arrested for challenging a
'rigged and stolen' election, says "I am being arrested for you"
By Post Staff
Former President Donald Trump took to Truth Social to
lash out at his
charges regarding his role in the January 6,
2021, Capitol riot.
"I AM NOW GOING TO WASHINGTON, D.C., TO BE ARRESTED
FOR HAVING CHALLENGED A CORRUPT, RIGGED, & STOLEN ELECTION," the
former president wrote on his social media site.
Trump went on to call the indictment a "GREAT
HONOR" and claim "I AM BEING ARRESTED FOR YOU."
Trump, 77, was
indicted by a grand jury on four counts including conspiracy
to defraud the United States for his claim that the 2020 election was rigged.
“These claims were false, and the Defendant knew that
they were false," the indictment read.
5 hours ago 1220
Read the entire 45-page Trump indictment over his alleged
attempts to overturn 2020 election
Special counsel Jack Smith’s federal indictment against
former President Donald Trump charges the 45th commander-in-chief with
conspiring with six others for months to knowingly spread lies that there had
been widespread election fraud.
The indictment, the third criminal case
against Trump, alleges that his unfounded claims that he had, in fact, actually
defeated former Vice President President Joe Biden culminated in the riot at
the Capitol on Jan. 6, 2021.
“These claims were
false, and the Defendant knew that they were false. But the Defendant repeated
and widely disseminated them anyway — to make his knowingly false claims appear
legitimate, create an intense national atmosphere of mistrust and anger, and
erode public faith in the administration of the election,” the indictment
claims.
Could Trump run for office if convicted, and could he
pardon himself if elected?
1300
BREAKING
NEWS4 hour(s)
ago 1300
Former President Trump departs Bedminster to travel to
Washington, D.C. for hearing
Former President Donald Trump has left his residence in Bedminster,
New Jersey, to appear in court in Washington, D.C., Thursday afternoon.
Trump announced his
departure on Truth Social shortly before he left.
"I AM NOW GOING TO
WASHINGTON, D.C., TO BE ARRESTED FOR HAVING CHALLENGED A CORRUPT, RIGGED, &
STOLEN ELECTION. IT IS A GREAT HONOR, BECAUSE I AM BEING ARRESTED FOR YOU. MAKE
AMERICA GREAT AGAIN!!!," Trump wrote.
The former president faces
four felony charges related to his alleged efforts to overturn the 2020
election in the days leading up to the Capitol riot on Jan. 6, 2021.
The charges are
conspiracy to defraud the United States; conspiracy to obstruct an official
proceeding; obstruction of and attempt to obstruct an official proceeding; and
conspiracy against rights.
U.S. District Judge Tanya Chutkan was assigned to
oversee the case. Chutkan is notorious for issuing tougher sentences to other
Jan. 6 defendants than what the Justice Department requested, and put every one
of them behind bars.
Trump is expected to
plead not guilty.
Fox News' Brianna Herlihy
contributed to this report.
4 hour(s) ago 1300
Christie says GOP rivals are 'unwilling' to attack Trump,
'auditioning' for his next administration
President Donald Trump
will deliver the keynote address at tomorrow evening's "Patriot Gala"
dinner. (Photo by Drew Angerer/Getty Images)
Republican presidential
hopeful Chris Christie accused some of his
2024 competitors of being "unwilling" to attack former President
Donald Trump, the front-runner in the race.
Christie suggested on a
podcast released Thursday that his opponents were not running for the White
House but were instead "auditioning" for a role in the next Trump
administration.
“In the end, I think that
some of them are unwilling to do it because they don’t think it’s politically
smart, some of them are auditioning for a potential Trump administration, and I
think some of them just aren’t able to do it,” Christie told host Kara
Swisher. “They just physically aren’t equipped to be able to be in that combat.”
Christie said Trump is
"morally responsible" for the Jan. 6 Capitol riot but hesitated to
say whether Trump was criminally liable. The podcast was recorded before
special counsel Jack Smith unveiled a federal grand jury indictment against
Trump on Tuesday.
Other Trump rivals have
stood by the former president and accused the Biden administration of
weaponizing the Department of Justice against a potential 2024 opponent.
Vivek Ramaswamy went to the
courthouse where Trump will attend a hearing on Thursday and demanded that the
government "tell us the truth about what's really driving this flurry of
prosecutions, with trial dates set during the height of the upcoming
election."
"That’s why I sued
the DOJ this week to tell us exactly what Biden told Garland & what Garland
told Jack Smith about the Trump indictments. That’s why I was in Nashville
yesterday to demand the release of the transgender school shooter’s manifesto.
That’s why I’ve pledged to release the state action files about what the
government tells tech companies to suppress. We *can* handle the TRUTH,"
Ramaswamy said.
Fox:
Posted by Chris Pandolfo 1300
4 hours ago 1320
New York Trump fan brings mock presidential limo to DC
courthouse
James Robinson, of Long Island, drove five hours to
Washington in his decked-out Donald Trump limousine – complete with a
presidential seal on its doors – to cheer on the
former commander-in-chief.
“It's important because it’s showing support for the
president,” he told The Post. “I mean, I'm local, I can make it, I was able to
take the day off of work. You know, a lot of people, I understand, can’t take
off work.”
Throughout Thursday morning, Robinson and two other
members of the “Setauket Patriots” group cruised around the courthouse just
blocks from the Capitol, playing pro-Trump recordings on a loudspeaker.
Some passersby took photos and waved at the vehicle,
while others yelled profanities.
During a midmorning stop at a local restaurant that
doubles as a MAGA hangout, an unidentified counter-protester stuck a miniature
handmade “Black Lives Matter” sign on the limo's front passenger window, while
another person rushed up to bicker with the group.
“All lives matter,” Robinson told the unknown man. “Your
life matters.”
4 hours ago 1320
Former President Donald Trump alleges the Bidens stole 'millions and
millions of dollars,' took foreign bribes
By Post Staff
Former President Donald Trump bashed the Biden family on his
social media platform, Truth Social, on Thursday, and went on to slam the
federal judge handling his arraignment and once again claim the 2020 election
was rigged.
"Biden and his family steal Millions and Millions of
Dollars," Trump wrote before going on to allege that the Bidens took
bribes from "foreign countries."
Trump raged that he is being arrested for
"protesting a CROOKED ELECTION," once again repeating his claim that
the 2020 election was rigged.
The ex-president further slammed his charges by saying,
"UNFAIR VENUE, UNFAIR JUDGE."
Trump ended his missive by claiming the US is "a
nation in decline."
4 hours ago 1320
Trump arrives at Newark Airport
After a 40-minute trip from Bedminster, former President Donald
Trump has arrived at Newark Liberty International Airport and boarded Trump
Force One.
He will soon fly less than an hour to Ronald Reagan
Washington National Airport in northern Virginia, just across the Potomac River
from Washington,
DC.
4 hours ago 1320
Mike Pence shames Trump with 'Too Honest' merch
By Ryan King
Former Vice President Mike Pence's White House campaign
is throwing shade at his old boss Donald Trump with some pointed merchandise.
The former Indiana governor is selling hats and T-shirts
emblazoned with the phrase "Too Honest."
Trump had "berated" Pence on New Year’s Day
2021 over the veep's insistence that he lacked the authority to reject
electoral votes cast for Joe Biden in battleground states.
At one point, the 45th president told Pence, "You’re
too honest," according to both the
recent indictment and Pence's own memoir.
Pence, 64, testified before a federal grand jury earlier
this year and his notes were cited in the 45-page charging document against
Trump.
4 hours ago 1320
Anti-Trump protester arrested at Florida arraignment re-emerges in DC
By Ryan King
An anti-Donald Trump protester who was arrested
for hopping in front of the former president's motorcade following his June
arraignment in Florida is back.
Domenic Santana wore his signature black-and-white prison
stripes again outside the federal courthouse in the nation's capital Thursday,
clamoring for Trump to become an inmate.
"I'm here to let the world know that Donald Trump is
a con artist, that he should've been locked up a long time ago, that he
shouldn't have left New York to go to the White House," Santana, the
former owner of Asbury Park's legendary Stone Pony rock club, told a reporter Thursday,
adding that he has no plans to get cuffed this time.
4 hours ago 1320
Bikin' Biden goes on yet another ride, largely ignores
press while shouting he won't follow Trump's arraignment
By Ryan King
Joe couldn’t resist
the media forever.
President Biden largely ignored his
press pool while taking another leisurely bike ride Thursday morning, shouting
a one-word answer to a CNN photographer who asked if he would be
following his
predecessor’s arraignment on federal charges in connection with
the aftermath of the 2020 election.
“Mr. President, will you be following the arraignment
today, sir?” asked cameraman Jay McMichael as the commander-in-chief cycled
toward him along a path in Rehoboth Beach, Del.
“No,” the 80-year-old Biden answered as he pedaled by.
1400
BREAKING
NEWS3 hour(s)
ago 1400
Trump Force One departs New Jersey en route to DC
Former President Donald
Trump's plane has departed New Jersey en route to Ronald Reagan Washington
National Airport in Arlington, Va.
Trump will then travel
into Washington, D.C., where he will appear in federal court for a 4 p.m. ET
hearing.
He was indicted Wednesday on charges that
stem from Special Counsel Jack Smith’s investigation into 2020 election
interference and the Capitol riot on Jan. 6, 2021.
He faces four federal
charges, including conspiracy to defraud the United States, conspiracy to
obstruct an official proceeding, obstruction of and attempt to obstruct an
official proceeding, and conspiracy against rights.
This is the second
federal indictment the former president faces out of Smith’s
investigation. Trump, who leads the 2024 GOP presidential primary field, has
already pleaded not guilty to 37 counts related to his alleged improper
retention of classified records from his presidency.
Fox:
Posted by Brandon Gillespie
3 hour(s) ago 1400
Lindsey Graham goes off on 'night and day' difference
between Trump, Hunter Biden cases
Sen. Lindsey Graham,
R-S.C., described the "night and day" difference in how the Justice
Department and FBI have handled former President Trump's legal cases
versus Hunter Biden's. He told Sean Hannity that Americans have
a "right to be mad" about the double standard, adding "there are
no rules" when it comes to going after Trump.
"It's night and day.
So Hunter Biden gets a plea deal that nobody in your audience would get.
Millions of dollars of unpaid taxes, he's not going to jail, illegal possession
of a gun, he gets a diversion opportunity never to go to jail. Hidden in the
plea deal is a promise never to prosecute based on all the financial dealings
you've been talking about," Graham said.
"When it comes to
Donald Trump, they make up lies. They push to a court, a dossier that's
absolutely Russian disinformation. They manipulate the stream of evidence, and
nothing happens. So if you're sitting at home and you're mad, you have a right
to be mad. When it comes to Donald Trump, there are no rules. Destroy him,
destroy his family. When it comes to Hunter Biden and Joe Biden, they get away
with almost everything. If you want to change that, we better win in
2024."
3 hour(s) ago 1400
Trump lashes out en route to D.C., says trial and judge
will be 'UNFAIR'
Former President Donald
Trump lashed out against his arrest Thursday as he traveled to Washington,
D.C., to appear in federal court.
Trump, who faces a
federal grand jury indictment for allegedly attempting to overturn the 2020
presidential election, took to Truth Social to call both the venue and the
judge overseeing his case "UNFAIR."
"Biden and his
family steal Millions and Millions of Dollars, including BRIBES from foreign
countries, and I’m headed to D.C. to be ARRESTED for protesting a CROOKED
ELECTION," Trump wrote. "UNFAIR VENUE, UNFAIR JUDGE. We are a Nation
in Decline. MAGA!!!"
The judge assigned to Trump's
case, U.S. District Judge Tanya
Chutkan, has a reputation for being tough on Jan.
6 riot defendants.
The Associated Press
called her the "toughest punisher" and reported that she has
"consistently taken the hardest line against Jan. 6 defendants of any
judge serving on Washington’s federal trial court." The Justice Department
has brought more than 800 cases so far, marking the largest prosecution in the
department's history.
In seven cases, Chutkan
even handed out tougher sentences than what DOJ was seeking. She matched the
prosecution's requests in four others and sent all 11 riot defendants who have
come before her behind bars, the outlet notes.
In four cases in which
DOJ did not seek jail time, Chutkan gave prison sentences ranging from 14 days
to 45 days.
Fox News' Brianna Herlihy
contributed to this report.
New York Times, 2:03 p.m. ET3 hours ago
3 hours ago
Here’s what to expect
from Trump’s court appearance.
Former President Donald J. Trump’s arraignment on a
four-count federal indictment on Thursday will mark a momentous and once
unimaginable turn in Mr. Trump’s long public life. And yet his appearance in a
public courtroom in Washington should be a relatively routine affair.
Arraignments typically last an hour or less and cover a few
mundane topics. They are by now familiar to Mr. Trump, who has already been
arraigned once each in state and federal court in the past four months.
After he arrives at the courthouse, Mr. Trump will be booked
and fingerprinted, all part of the behind-the-scenes process of being a
criminal defendant at the E. Barrett Prettyman courthouse, the venue for dozens
of trials stemming from the Jan. 6, 2021, attack on the Capitol.
Once in court, Mr. Trump will hear the charges against him,
which center on his effort to overturn the 2020 election results. Moxila A.
Upadhyaya, the federal magistrate judge overseeing the arraignment, will then
ask for his plea. Mr. Trump, or one of the lawyers acting on his behalf, will
almost certainly respond “not guilty.”
Judge Upadhyaya, who will soon hand off the case to a trial
judge, Tanya S. Chutkan, will also probably ask prosecutors to present any
conditions for Mr. Trump’s release. The prosecutors — working for the special
counsel, Jack Smith — might attach few if any strings. When Mr. Trump was
indicted in June, accused of mishandling
classified documents and
obstructing the government’s investigation, Mr. Smith requested no bail and no
restrictions on Mr. Trump’s travel, reflecting his status as the leading
contender for the 2024 Republican presidential nomination.
At some arraignments, judges set a preliminary calendar for
the case. The schedule could have far-reaching implications, with Mr. Trump
already facing two other criminal trials next year, in the thick of the 2024
race. (In addition to the documents case, the Manhattan district attorney
brought charges against Mr. Trump in March, accusing him of trying to cover up
a potential sex scandal with a porn star before the 2016 election.)
But because the magistrate judge, not Judge Chutkan, is
presiding over the arraignment, those more consequential matters will probably
have to wait.
Although arraignments are typically low-key proceedings,
nothing about Mr. Trump and his legal woes is ever fully devoid of drama. It
remains unclear whether any of his lawyers or advisers, who have been publicly
attacking the indictment the last two days, will air their grievances at the
arraignment or save their concerns for Judge Chutkan’s courtroom.
If the proceeding goes as planned, it should conclude around
5 p.m., at which point Mr. Trump is expected to return to his private jet,
which will take him back to his golf club in Bedminster, N.J.
New York Times, 2:15 p.m. ET3 hours ago
3 hours ago
Reid Epstein
President Biden has said very little about the various
charges against Trump. When he was asked by the White House press pool Thursday if he would be following the arraignment,
Biden, while zooming past on his bike, replied, “No.”
New York Times, 2:17 p.m. ET3 hours ago
3 hours ago
Trump’s fund-raising
surged after each of his first two indictments.
Former President Donald J. Trump’s legal challenges have
proven to be lucrative fund-raising opportunities. His first two indictments
and court appearances have been followed by steep increases in online donations
to his committees.
Trump
Fund-Raising Surges From Indictments
Online donations to Donald J. Trump, by day
Note: Fund-raising totals include money
raised for Donald J. Trump For President 2024 and Trump Save America J.F.C. via
WinRed.
Source: Federal Election Commission
By Andrew Fischer
Mr. Trump appears to be looking to capitalize on his third
indictment, which was announced on Tuesday. By Wednesday, he had already sent
out emails urging supporters to stand with him by making contributions and
purchasing merchandise.
A quarter of Mr. Trump’s online fund-raising this year
occurred in the weeks around his first indictment. Contributions around the
second indictment were not nearly as substantial, and it remains to be seen
whether donors stick with Mr. Trump as his legal troubles have multiplied.
3 hours ago 1420
Stoic Trump enters motorcade en route to courthouse for
arraignment
By Ryan King
A grim-faced Donald Trump disembarked his Boeing 757 at
Reagan National Airport Thursday afternoon and entered a black SUV en route to the
Washington, DC, federal courthouse where
he will be arraigned.
The 77-year-old gave a quick wave to the cameras as he
walked down the staircase off his so-called Trump Force One as the wind rustled
his hair and red tie.
He mouthed "Thank you" before getting into the
SUV.
The former president's plane landed at the airfield in
Arlington, Virginia, just outside the nation's capital, and the motorcade will
take him to E. Barrett Prettyman Courthouse, where he is expected to plead not
guilty to the four-count indictment over his attempts to allegedly overturn the
2020 presidential election.
3 hours ago 1420
Trump haters dance to 'Happy' outside DC court
Anti-Donald Trump protesters celebrated his looming third
arrest and arraignment outside DC's federal district court on Thursday.
Activists danced to the song "Happy" by
Pharrell Williams with longtime antiwar Code Pink protester Medea Benjamin
holding a sign that advocated "Trump
2024... Prison."
An apparent Trump supporter could be heard bellowing,
"No, I'm not happy — very unhappy," in a video tweeted by journalist
Andrew Leyden.
3 hours ago 1420
Trump supporters protest Kamala Harris visit to Wisconsin
As former President Donald Trump traveled to DC to face
charges for allegedly trying to overturn his narrow 2020 losses in swing
states, Vice President Kamala Harris was greeted by pro-Trump protesters in one
of those states.
As Harris arrived at a technology manufacturing facility
in Pleasant Prairie, Wis., near the Illinois border, her motorcade "passed
a dozen or so pro-Trump demonstrators with a flag and signs complaining about
U.S.-Mexico border management and 'Bidenomics failed America' on approach to
facility," according to a pool report from a Milwaukee Journal Sentinel
journalist.
Trump lost in Wisconsin by 20,682 ballots after narrowly
carrying the state in 2016.
3 hours ago 1420
Trump plane arrives at Reagan Airport for former
president's arraignment
By Ryan King
Former President Donald Trump's airplane touched down at
Reagan National Airport.
He will soon depart his Boeing 757 and take a motorcade
to the E. Barrett Prettyman Courthouse for his 4 p.m. arraignment.
Trump is expected to plead not guilty to all
four felony counts lodged against him related to his
efforts to overturn the 2020 election.
3 hours ago 1420
Donald Trump Jr. warns father's indictment won't 'end
well' for 'our civilization'
By Ryan King
Donald Trump Jr. panned the indictment of his father,
starkly warning that it won't end well.
"Each one of these things, I think only solidifies
that to the American people just how far we have fallen as a country, just how
corrupt the Biden administration and their weaponized form of government
is," Trump Jr. told NewsMax Thursday.
"And hopefully that wakes up people because, you
know, this doesn't end well, for our country, for our civilization."
The former first son joked that it was like "at this
point it's like Taco Tuesday" with these legal predicaments for his
father.
"It's a regular occurrence, usually happens right
after you know actual criminal stuff is found on Hunter and/or Joe Biden,"
he said.
Trump Jr. also revealed that he had a phone call with his
father after news broke of his new four-count indictment.
He described the 77-year-old former president as being in
good spirits despite the specter of a
possible conviction, underscoring that the Trump family is
"probably built a little different" and has tougher skin in these
sorts of situations.
"I mean, we're really living in crazy times. I spoke
to my father the other day, right after it was announced and honestly, he's
doing great. We were laughing about things."
3 hours ago 1420
GOP senator says Trump 'victim' of 'weaponization,' vows
to block Biden DOJ picks
Sen. JD Vance (R-Ohio) called former President Donald
Trump a "victim"
of a "weaponized" Justice Department Thursday and doubled down
on a pledge to block President Biden's Justice Department appointees in
protest.
“Donald Trump is merely the latest victim of a Department
of Justice that cares more about politics than law enforcement," Vance
said in a press release as Trump traveled to a federal courthouse in DC for his
arraignment on charges for trying to overturn his 2020 election loss.
"[Attorney General] Merrick Garland’s department
harasses Christians for pro-life advocacy, but allows hardened criminals to
walk our streets unpunished," Vance added. "This must stop, and I
will do everything in my ability to ensure it does.
"Starting today, I will hold all Department of
Justice nominations," Vance added. "If Merrick Garland wants to use
these officials to harass Joe Biden’s political opponents, we will grind his
department to a halt.”
Vance previously threatened to hold up DOJ nominees in
June when Trump faced an initial indictment in Miami for allegedly mishandling
classified records. He blocked
unanimous consent on a DOJ nominee last week.
3 hours ago 1420
Dozens of Trump supporters, anti-Trump artist gather
outside courthouse
Roughly 40 demonstrators had arrived at the E.
Barrett Prettyman Courthouse by noon – the vast
majority of whom were supporters of former President Donald Trump.
Not far from the commotion, artist Tim Smith from
Gettysburg, Pa., quietly sketched the scene on a large canvas, the back of
which read “LOSER” in the style of Trump campaign signs.
“I think everyone's just done with it,” Smith said when
asked why he thought there were so few anti-Trump demonstrators. “I think,
especially on the left, people are seeing actual actions happen. They're seeing
accountability is happening, and so they're more apt to just stay home and
watch on the TV or on their news feeds. And the right is probably a little
scared s---less to come here, because last time, you know, they're here for
Trump and bunch of them went to prison."
Smith's work – to be titled “The Kraken” – features a
large octopus stretching its tentacles around scenes of Trump campaign events,
court hearings and government buildings. In a corner, Rudy Giuliani’s sweaty,
grimacing face is prominent.
On the top, Trump is depicted as Jesus Christ on the
cross with a crown of thorns.
The mural’s title and theme were inspired by
post-election texts from Virginia "Ginni" Thomas, the wife of Supreme
Court Justice Clarence Thomas, telling Trump’s then-chief of staff Mark Meadows
to “Release the Kraken and save us from the left taking America down.”
3 hours ago 1420
Trump Force One wheels up to DC
Former President Donald Trump's airplane has taken off
from Newark Liberty International Airport. His
arraignment is scheduled to begin in less than two
hours.
New York Times, 2:23 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
Before Trump appears in court, he will have to be booked and
fingerprinted. Secret Service agents will accompany him at all times.
New York Times, 2:28 p.m. ET2 hours ago
2 hours ago
No mug shot, but Trump’s
fingerprints will be taken at the courthouse.
Former President Donald J. Trump’s second federal
arraignment this year is expected to follow a rhythm similar to his first: He
will be fingerprinted but not have his mug shot taken.
As happened before his arraignment in Miami on charges of
mishandling government documents, the U.S. Marshals Service, which is
responsible for security inside federal courthouses, will escort him to a
booking area.
Like last time, they will not take his picture, according to
a law enforcement official involved in the planning. But federal rules dictate
that an accused person be reprocessed in each jurisdiction in which he or she
faces charges, so Mr. Trump will have to be fingerprinted for a second time
using an electronic scanning device. He is also expected to answer a series of
intake questions that include personal details, such as his age.
Mr. Trump also did not have a mug shot taken when he was
arraigned earlier this year in New York on state charges in connection with a
hush-money payment to a pornographic actress before the 2016 election. But his
campaign did immediately start selling shirts with a
pretend booking photo.
A genuine booking photo could still be in Mr. Trump’s
future. The sheriff in Fulton County, Ga., where another potential indictment
connected to Mr. Trump’s efforts to undermine the 2020 election looms, has
suggested that if Mr. Trump is charged, he will be processed like anybody
else, mug shot and all.
New York Times, 2:29 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
This is becoming a familiar routine for Trump. It will be
his third arraignment in four months. In March, he was indicted in Manhattan on
charges related to covering up a potential sex scandal with a porn star, and in
June, he was indicted in Miami on charges of mishandling classified records and
obstructing the government’s investigation.
New York Times, 2:32 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Trump will appear in Federal District Court in Washington
this afternoon after receiving a summons. He is not being “arrested,” as he
recently claimed on his social media platform.
New York Times, 2:39 p.m. ET2 hours ago
2 hours ago
Alan Feuer
With his hearing today, Trump will finally make an
appearance in the courthouse where hundreds of his followers have been
prosecuted on various charges connected to the attack on the Capitol on Jan. 6,
2021. His name has been invoked in countless trials and proceedings for other
rioters. Now he will take center stage himself.
New York Times, 2:40 p.m. ET2 hours ago
2 hours ago
Kayla Guo
A couple hundred members of the news media are set up under
overcast skies outside the federal courthouse where Trump will soon be
arraigned. A few dozen of his supporters and opponents are also here lapping up
the attention. Outnumbering them, though, are ordinary tourists who happened to
be sightseeing nearby when they stumbled upon the historic scene.
New York Times, 2:40 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Perhaps for security reasons, Trump’s court appearance has
not been listed in any of the usual places. There is no entry for it on the
public docket connected to his case, and it is not mentioned on the
courthouse’s daily calendar of hearings.
New York Times, 2:41 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
Trump’s court appearance should last less than an hour,
barring some unforeseen fireworks. He will hear the charges against him and plead
not guilty.
New York Times, 2:42 p.m. ET2 hours ago
2 hours ago
Who is the judge handling
Trump’s initial court appearance?
Former President Donald J. Trump’s court appearance in
Washington on Thursday, his first since he was indicted in the 2020 elections
case, will be presided over by Magistrate Judge Moxila A. Upadhyaya.
Any trial over Mr. Trump’s efforts to stay in power despite
his electoral loss will be overseen by Judge Tanya S. Chutkan. But magistrate judges like Judge Upadhyaya handle many
preliminary proceedings for criminal cases, including arraignments, which Mr.
Trump’s appearance on Thursday is expected to be. (He is expected to enter a
“not guilty” plea, as he did in two previous arraignments this year.)
Judge Upadhyaya was appointed last year, and has handled proceedings for several Jan. 6
defendants at the E. Barrett Prettyman Federal Courthouse in Washington.
Before being appointed to the bench, she was a complex
commercial litigation lawyer and a law clerk for judges on the United States
District Court in Washington and the United States Court of Appeals for the
District of Columbia Circuit. The law firm where she eventually became a
partner, Venable L.L.P., described her experience with the federal and state
court systems as “second to none.”
Judge Upadhyaya was born in Gujarat, India, and raised in
Missouri before she attended American University’s Washington College of Law.
Her biography on the Federal District Court’s website includes
an audio clip demonstrating the correct pronunciation of her name.
She donated at least $2,550 to political candidates, all
Democrats, in the decade before her judicial appointment, according to OpenSecrets.
New York Times, 2:43 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Normally, proceedings at the federal courthouse in
Washington are open to the public and easy to access. Today’s proceeding for
Trump will be a little different given the security concerns and the army of
reporters who have descended on the building. There will be no way to watch or
listen remotely.
New York Times, 2:47 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
At the arraignment, prosecutors will also tell the judge
what, if any, conditions they want for Trump’s release. At his last arraignment
in Miami, they didn’t seek any conditions, and at the moment, there’s no reason
to think that will change today.
New York Times, 2:48 p.m. ET2 hours ago
2 hours ago
Campaigning between trial
dates: The 2024 presidential race will look like no other before it.
With Donald J. Trump’s expected not-guilty plea Thursday on
charges that he criminally attempted to overturn the 2020 presidential
election, the campaign of 2024, as we know it, may effectively end.
The former president’s rivals — a half dozen or so — will
still be on the hustings in the early primary and caucus states of Iowa, New
Hampshire and South Carolina. And later, if Mr. Trump wins the Republican
nomination, both he and President Biden will still swing into battleground
states and blare ads on cable in an attempt to sway voters, who will ultimately
decide whether
Mr. Trump returns to power.
But Mr. Trump’s stunning pileup of criminal indictments and
civil cases has ensured that the outcomes of the trials may have more bearing
on the 2024 election results than the agitprop of American politics: the
rallies, advertising blitzes, dueling party conventions and presidential
debates.
Mr. Trump’s open deliberation about skipping the first
primary debate, a pillar of American campaigns, is perhaps the first bit of
evidence.
“This day is all the more tragic and regrettable because the
former president has cynically chosen to inflict this embarrassing spectacle on
the nation — and a spectacle it will be,” J. Michael Luttig wrote, a retired conservative appeals court judge, wrote after
Mr. Trump’s most recent indictment. He added, “For the first time in history, an American president will
be on criminal trial in multiple venues — federal and state — during a
presidential campaign in which he will be the presumptive nominee of the
Republican Party.”
At this point, it is getting harder to see how the other
contenders for the Republican nomination can dislodge Mr. Trump from the lead.
Seventeen percent of voters who prefer him over Mr. Biden think either that he
has committed serious federal crimes or that he threatened democracy with his
actions after the 2020 election, according to the latest New York
Times/Siena College poll.
A far larger 71 percent of Republicans say the former
president has not committed serious crimes, the same percentage who say
Republicans need to stand behind Mr. Trump through his legal trials.
“I hate to use his words, because I do think he’s kind of
silly sometimes, but it is a witch hunt,” said Lynette Dashner, 54, of Concord,
Calif. “The Democratic Party has been going after Donald Trump since the get
go.”
The Biden campaign has promised the president will campaign
for re-election, making no mention of Mr. Trump’s legal trials and travails.
That may be so, but will people be listening amid the Trump-centered barrage?
After Thursday’s arraignment will come the countdown to another possible
indictment in the coming weeks from a grand jury in Fulton County, Ga.,
considering charges that would stem from Mr. Trump’s efforts to overturn the
2020 election results in that state.
A civil fraud trial brought by Attorney General Letitia James of New York
is expected to begin in October. A second defamation suit against Mr.
Trump,
brought by the writer E. Jean Carroll, who already secured Mr. Trump’s liability for
sexually assaulting her,
is set to begin Jan. 15.
A six-year-old federal lawsuit accusing Mr. Trump and his family of promoting a
pyramid scheme is set for trial Jan. 29. The felony case brought by the Manhattan district
attorney, Alvin L. Bragg, connected to hush money paid to a pornographic film
actress just before the 2016 election, is set for trial March 25.
Two months later — and
less than two months before the Republican convention in Milwaukee — Mr. Trump
is set to stand trial in
Florida on federal charges that he mishandled highly classified national
security documents, then obstructed the government’s efforts to retrieve them.
His trial date for the charges surrounding efforts to cling
to power after his election loss has not been set.
New York Times, 2:51 p.m. ET2 hours ago
2 hours ago
Charlie Savage
Inside the courthouse, there are more security officers and
U.S. marshals than usual pacing the halls and blocking a stairway that is
normally accessible. Most reporters, including me, are in two overflow rooms
where we can watch a closed-circuit video feed, and a small subset — 15, chosen
by lottery, with no outlet allowed more than one — have been taken into the
courtroom. My colleague Glenn Thrush is one of them; we can see them in the
back two rows on the left side, from the judge’s vantage point.
New York Times, 2:55 p.m. ET2 hours ago
2 hours ago
Alan Feuer
The prosecutors likely to appear in court across from Trump
today are Thomas P. Windom, J.P. Cooney and Molly Gaston. Windom was brought in
from Maryland in late 2021 to look at Trump’s role in election interference.
Cooney has been working on related investigations into Trump’s fund-raising,
and Gaston is said to be the prosecutor who handed the indictment to a
magistrate judge on Tuesday.
New York Times, 2:56 p.m. ET2 hours ago
2 hours ago
Alan Feuer
It’s not clear whether the special counsel, Jack Smith, will
join his team in the courtroom today, but he was in the room when Trump was
arraigned in Miami in June in a separate case related to his handling of
classified documents.
1500
BREAKING
NEWS2 hour(s)
ago 1500
Trump Force One arrives at DC airport ahead of federal
court hearing
Former President Donald
Trump's plane has arrived at Ronald Reagan Washington National Airport in
Arlington, Virginia.
He will travel into
Washington, D.C., where he will appear in federal court for a 4 p.m. ET
hearing.
He was indicted Wednesday
on charges that stem from Special Counsel Jack Smith’s investigation into 2020
election interference and the Capitol riot on Jan. 6, 2021.
He faces four federal charges , including
conspiracy to defraud the United States, conspiracy to obstruct an official
proceeding, obstruction of and attempt to obstruct an official proceeding, and
conspiracy against rights.
This is the second
federal indictment the former president faces out of Smith’s
investigation. Trump, who leads the 2024 GOP presidential primary field, has
already pleaded not guilty to 37 counts related to his alleged improper
retention of classified records from his presidency.
Fox:
Posted by Brandon Gillespie
2 hour(s) ago 1500
Pence starts fundraising off Trump indictment fallout:
'Too honest'
Former Vice
President Mike Pence has started
fundraising off of his former running mate’s latest indictment.
The top of Pence’s 2024
campaign online store advertises hats and shirts with the words “Too Honest”
across the front, a reference to revelations in the 45-page indictment that alleges
former President Trump tried to overturn his 2020 loss. Both the baseball cap
and t-shirt are selling for $30 each, according to the site.
A section of that
indictment describes a call between Trump and Pence on New Year’s Day in 2021,
when Pence rejected the legal theory that he as vice president had the
authority to reject or return certain states’ electoral college ballots.
“You’re too honest,”
Trump told Pence according to the indictment. Pence also recalled the exchange
in his memoir, “So Help Me God,” released last November.
Pence sharply criticized
Trump after the indictment came down on Tuesday. “Today's indictment serves as
an important reminder: Anyone who puts himself over the Constitution should
never be president of the United States,” he said in a statement posted online.
New York Times, 3:01 p.m. ET2 hours ago
2 hours ago
Here are the prosecutors
who will lead the case against Trump.
Thomas P. Windom is a veteran prosecutor known for a successful
case against members of a white supremacist cell in Maryland.Credit...
While former President Donald J. Trump’s indictment in
Florida over his retention of classified documents came at relative warp speed
for the Justice Department, the criminal inquiry into his efforts to overturn
the results of the 2020 election was slower to unfold.
But that investigation accelerated quickly after the
appointment last November of a special counsel, Jack Smith, who has overseen a
small team of veteran prosecutors inherited, for the most part, from an
existing investigation into the Jan. 6, 2021, attack on the Capitol that had
been based in the United States attorney’s office in Washington.
A central player has been Thomas P. Windom, a veteran prosecutor known for a successful case against
members of a white supremacist cell in Maryland. He was quietly brought on in
late 2021 — nearly a year before Mr. Smith’s appointment — when it was clear
the inquiry would inevitably lead to Mr. Trump.
Working under the close supervision of aides to Attorney
General Merrick B. Garland, Mr. Windom began to methodically seek information
about the roles played by some of Mr. Trump’s top advisers, including Rudolph
W. Giuliani, Jenna Ellis and John Eastman, with a mandate to go as high up the
chain of command as the evidence warranted.
He continued in that role after Mr. Smith’s appointment and
has become a familiar figure at a federal courthouse that has been the venue
for dozens of cases concerning the Capitol riot, including Mr. Trump’s. (A little
too familiar to some: Last month, a federal judge hauled Mr. Windom out of a Trump-related proceeding, upset that he had
prevented a lawyer representing a witness in front of a grand jury from
appearing in his courtroom.)
Another key player — and someone Mr. Smith knew from his
days as chief of the department’s public corruption unit — is J.P. Cooney, a
veteran of the public corruption division of the U.S. attorney’s office in
Washington.
Mr. Cooney, in particular, is known for his aggressive
approach. He unsuccessfully prosecuted two Democrats — Senator Bob Menendez of New Jersey and Gregory B. Craig, a White House counsel during the Obama administration —
and investigated Andrew G. McCabe, the former F.B.I. deputy director, whom Mr.
Trump vilified for the bureau’s investigation into ties between Mr. Trump’s
2016 campaign and Russia. (Mr. McCabe was never prosecuted.)
In early 2021, Mr. Cooney pressed federal law enforcement
officials to turn their attention to people in Mr. Trump’s orbit, including his
flamboyant political adviser Roger J. Stone Jr., according to The Washington Post. He would eventually work on the successful prosecutions of
Mr. Stone and another Trump adviser, Stephen K. Bannon.
He joined Mr. Windom’s team in mid-2022, then moved into Mr.
Smith’s office late last year.
The assistant U.S. attorney in federal court on Tuesday,
when a grand jury handed up a four-count indictment against Mr. Trump, was
Molly Gaston, who has worked closely with Mr. Cooney on the Stone and McCabe
cases.
New York Times, 3:02 p.m. ET2 hours ago
2 hours ago
Maggie Haberman
Trump is traveling without any family members, as has been
typical of these indictment motorcades.
New York Times, 3:03 p.m. ET2 hours ago
2 hours ago
Kayla Guo
Trump’s detractors arrived at the courthouse in a
celebratory mood. Nadine Seiler, wearing a T-shirt reading “Trump Indicted,”
said she was so giddy that she had hardly been able to work since the news came
out.
“America likes to go around the world pointing fingers at
everybody, telling us about democracy and telling us about human rights,”
Seiler, who is from Trinidad, said. “I’m so glad that America is finally,
finally making a step toward living up to her ideals of accountability for
everyone. No one is above the law.”
New York Times, 3:07 p.m. ET2 hours ago
2 hours ago
Jonathan Swan
Trump just got off his plane at Reagan National Airport. I’m
in the motorcade following him with more than a dozen other reporters.
New York Times, 3:10 p.m. ET2 hours ago
2 hours ago
Charlie Savage
Trump’s appearance is taking place on the same day as some
regular proceedings. Waiting to go through security this morning, I was
standing behind Jeffrey Grace of Oregon, who was here for his sentencing
hearing after pleading guilty to a misdemeanor trespassing charge arising from
the Jan. 6 riot. He and his lawyer told me that they had asked for him to be
sentenced to time served (he was held for one day in Oregon for this offense),
and that prosecutors had asked for six months. The court docketing system shows
that Judge Randolph D. Moss sentenced him to 75 days of incarceration and 12
months of supervised release.
New York Times, 3:12 p.m. ET2 hours ago
2 hours ago
Maggie Haberman and William K. Rashbaum
A new lawyer, John Lauro,
is joining Trump’s team for the latest case.
Mr. Lauro, who has not represented Mr. Trump in his previous
two indictments, and Todd Blanche, who has, will be at the defense table in the
courtroom, aides to Mr. Trump said. Earlier in the day, Mr. Lauro filed a
notice of appearance in the case.
He is joining Mr. Trump’s defense team strictly to focus on
the indictment stemming from Mr. Trump’s efforts to remain in office after the
2020 election, aides said. But he brings deep experience with white-collar
criminal cases and a measured and unflappable nature, according to people who
have worked with him.
Christopher M. Kise — a member of the Trump legal team who
has worked with Mr. Lauro before — described him as a “tenacious lawyer with an
eye for critical details and masterful at cross-examination.” Mr. Kise, who is
working on other cases, said the Trump team was “privileged to have him.”
Among Mr. Lauro’s highest-profile cases was a 2007 defense
of Tim Donaghy, a former N.B.A. referee who pleaded guilty to betting on games
and taking payoffs from gamblers.
Mr. Blanche is representing Mr. Trump in the two other cases
in which he has been indicted: the state case in Manhattan related to hush
money payments to a porn star during the 2016 race, and the federal indictment
in Miami accusing Mr. Trump of retaining reams of national defense information
after his presidency and obstructing the government’s efforts to retrieve the
material.
Mr. Blanche, who went to law school while working as a
paralegal in the United States Attorney’s Office for the Southern District of
New York and then served as a prosecutor there for nine years, has also
represented other high-profile clients. They include Igor Fruman, a former
associate of Rudolph W. Giuliani, who worked for Mr. Trump during the 2020
election. Mr. Fruman pleaded guilty in a campaign finance case and was
connected to Mr. Giuliani’s efforts to find “dirt” against President Biden and
his son Hunter.
Mr. Blanche also represented Paul Manafort, Mr. Trump’s
campaign chairman in 2016, in a successful fight to get a New York case against
him dismissed. Mr. Manafort had also been charged federally, and his lawyers
argued that it was essentially double jeopardy to charge him at the state
level, too. Mr. Manafort is among those who recommended Mr. Blanche to Mr.
Trump, a person close to the former president said.
Mr. Kise, who is working with Mr. Blanche on the federal
documents case, said he has been “honored” to work with him and that he has “an
exceptional legal mind and a compelling courtroom presence.”
New York Times, 3:16 p.m. ET2 hours ago
2 hours ago
Kayla Guo
Tom Goodman, a New Yorker whose shirt declared “ULTRA
EXTREME MAGA,” said he had come to Washington to “support the boss in what some
people would call enemy territory.” Standing outside the courthouse, he called
the indictment a “sham.” He added that Trump had such a “proven track record”
of putting America first that there was little, if anything, he could do to
shake Goodman’s support.
New York Times, 3:16 p.m. ET2 hours ago
2 hours ago
Jonathan Swan
Here’s Boris Epshteyn, who is part of Trump’s traveling
party. Epshteyn has not been indicted by Jack Smith, but his private
communications indicate that he could be the unnamed co-conspirator 6, as we reported Wednesday. He remains in Trump’s inner circle and played a
significant role in trying to help him overturn the 2020 election.
New York Times, 3:22 p.m. ET1 hour ago
1 hour ago
Charlie Savage
The room has light blue-gray carpet, four rows of wooden
pew-style seating for the gallery, wood paneling and marble facing on the wall
behind the dais. Here is a photograph of Judge Boasberg that shows some of the room. (While Judge Boasberg has
presided over the grand jury investigating Trump, a magistrate judge, Moxila A.
Upadhyaya, will preside over the arraignment.)
2 hours ago 1520
Jan. 6 first responders spotted at courthouse ahead of
Trump arraignment
By Ryan King
Capitol Police Sgt. Harry Dunn and retired Sgt. Aquilino Gonell
were spotted entering the federal courthouse ahead of former President Donald
Trump's expected arraignment.
Both responded to the Jan. 6, 2021, Capitol riot and have
been outspoken critics of Trump.
Dunn waved to the cameras as he headed inside.
Metropolitan Police Officer Daniel Hodges, another
first responder to the riot, was also expected to head toward the courthouse
ahead of the arraignment, NBC reported.
All three recounted physical and emotional injuries from
the riot, with Gonell ultimately opting to retire. They also participated in
the House Jan. 6 Committee investigation.
2 hours ago 1520
Ex-Trump attorney says federal prosecutors may have
ignored ‘exculpatory’ evidence in Jan. 6 case
Special counsel Jack Smith may have ignored “exculpatory”
evidence his office received before indicting former President Donald Trump for
allegedly trying to overturn the 2020 election, according to a former Trump
attorney.
Tim Parlatore, who left the former president’s legal team
in May, confirmed to The Post that federal prosecutors had apparently not
consulted what he called “absolutely exculpatory” records as part of their Jan.
6 investigation.
The records included sworn affidavits from Trump allies
who believed the 2020 election had been fraudulent and were seeking to
substantiate proof of any illegal voting activity, CBS News first reported.
Parlatore said he turned over the records on July 23
following a separate inquiry into his client, former NYPD Commissioner Bernard
Kerik, a friend of the 77-year-old former president whose communications had
previously been withheld by the Trump campaign.
But one of Smith’s prosecutors asked for the documents
two days after the indictment dropped, according to an Aug. 2 email reviewed by
The Post.
“They bear directly on the essential element of whether
Rudy Giuliani, and therefore Donald Trump, knew that their claims of election
fraud were false,” Parlatore told CBS.
“Good-faith reliance upon claims of fraud, even if they
later turn out to be false, is very different from pushing fraud claims that
you know to be false at the time.”
A spokesman for Smith’s office did not immediately
respond to a request for comment.
2 hours ago 1520
Nearly half of Republicans may ditch Trump if he's
convicted of a felony: poll
By Ryan King
Some 45% of Republicans say they don't intend on voting
for former President Donald Trump if he's "convicted
of a felony crime by a jury," a new poll
found.
Thirty-five percent of respondents indicated they
would, according to the
Reuters/Ipsos poll released Thursday — the day Trump faces
his third arraignment in four months, this time for his alleged attempts to
overturn the 2020 presidential election.
Other respondents said they were unsure.
Those figures ticked up when GOP voters were asked about
Trump getting hit with prison time. Roughly 52% of Republican voters indicated
they wouldn't back him if he were "currently serving time in prison"
while 28% would.
Still, the GOP voters largely appeared sympathetic to the
77-year-old former president, who has denied wrongdoing and blasted each of his
three indictments as a "witch hunt."
Seventy-five percent of respondents felt that the charges
against Trump were "politically motivated," per the poll.
Additionally, 66% deemed the accusations against him in the latest indictment
"not believable."
The poll surveyed 1,005 US adults with a margin of error
of plus or minus 4 percentage points.
2 hours ago 1520
Ex-Trump aide John Bolton calls Trump cases 'a modified
form of Russian roulette'
Donald Trump's former White House national security
adviser John Bolton warned Thursday that the two
federal cases against Trump are "a modified form
of Russian roulette."
Bolton, who is now a vocal Trump critic, said he believes
that bringing charges against Trump is "the right thing to do" and
that he wants trials to happen before the November 2024 election — but
cautioned that his former boss could come out on top.
"I think it's the right thing to do, but it is a
modified form of Russian roulette," Bolton said on CNN as Trump was placed
under arrest inside DC's federal district court.
"If Trump is convicted in one or both of the federal
cases, I think that will turn things upside down. I think he could be denied
the Republican nomination, he'd certainly lose the election," Bolton went
on.
"But if he is acquitted, or a hung jury results,
which I think would be understood by most people as being the equivalent of
acquittal, I think he would get the Republican nomination and he could quite
possibly win the election on the back of that."
Bolton likened failed prosecutions to Trump's two Senate
impeachment trials, which resulted in acquittals due to overwhelming Republican
support.
"The impeachment efforts against Trump failed twice
to convict him and what was the consequence of the failure? Emboldening and
empowering Trump. Acquittals here would be even more devastating," Bolton
said.
2 hours ago 1520
Trump shares old video of Ron DeSantis complimenting his
record en route to courthouse
Former President Donald Trump posted an edited clip of
Florida Gov. Ron DeSantis praising him on Thursday as his motorcade made its
way to the federal courthouse in Washington, DC, where he will be arraigned on
his latest indictment.
"THANK YOU!" Trump wrote on his Truth
Social.
The minute-long clip is a compilation of DeSantis,
Trump's most formidable opponent in the 2024 Republican presidential primary,
thanking Trump for everything he had done while in office.
"Even his worst critic would say he is somebody
determined to keep the promises he made," DeSantis says in the video.
Despite Trump's legal troubles, he has maintained a
dominant lead in the polls. According to the latest data from FiveThirtyEight, Trump is ahead of
DeSantis 53.5% to 15.6%
2 hours ago 1520
Trump arrives at courthouse for indictment on alleged
efforts to overturn 2020 election
By Ryan King
Former President Donald Trump has arrived at the E.
Barrett Prettyman Courthouse, where he is expected to plead not guilty to
the four-count
indictment over his alleged attempts to overturn
the 2020 presidential election.
He will also likely be arraigned on the indictment which
was announced Tuesday and marks his third spate of charges in four months.
2 hours ago 1520
Trump campaign fundraises with 'Never Surrender' shirt as
motorcade enters DC
Donald Trump's 2024 presidential campaign blasted out an
email fundraising appeal as the former president's motorcade traversed DC
traffic en route to his arraignment in federal court in Washington.
"Even with Crooked Joe’s corrupt DOJ ARRAIGNING President Trump in federal court *TWICE* now, our movement has only
grown STRONGER and even more UNITED!" the fundraising email
said.
"And what better way to SHOW the
radical Left and the Deep State thugs just how UNBREAKABLE we truly are than to
wear your very own “NEVER SURRENDER” T-Shirt."
A link directs supporters to a webpage entry form for a
"FREE" shirt that's available for a donation of the contributor's
choice.
Trump has turned his two prior criminal arraignments
into major
fundraising events. His campaign raised $6.6 million in six
days after federal charges were brought in Miami in June for his alleged
mishandling of classified records — after raising $10 million in five days in
March and April after he was indicted in New York on state charges linked to
2016 hush money payments.
New York Times, 3:22 p.m. ET1 hour ago
1 hour ago
Charlie Savage
The hearing will take place in the courtroom normally used
by the district court’s chief judge, James E. Boasberg. The reason is technical, court staff said: It was already
wired in a way that allowed for a closed-circuit video feed to be easily routed
to spillover rooms for the news media and the public.
New York Times, 3:30 p.m. ET1 hour ago
1 hour ago
Reporting from Washington
What happens if Trump is
elected while facing charges? Or after he’s convicted?
Despite multiple criminal indictments, former President Donald J.
Trump is still the front-runner for the Republican nomination.
If former President Donald J. Trump wins the presidency even
as criminal charges against him still loom, a series of extraordinary
complications would ensue.
The indictment on Tuesday over his attempts to remain in
power after he lost the 2020 election added to the mounting legal peril that
Mr. Trump, the front-runner for the Republican Party, faces as he campaigns for
a second term in the White House.
Mr. Trump currently faces three criminal cases: The federal
case brought in Washington this week by the special counsel, Jack Smith; a
separate federal case brought by Mr. Smith in Florida accusing Mr. Trump of
mishandling national security secrets; and a case in New York State Court
accusing him of falsifying business records in connection with a hush money
payment to a porn star.
Were Mr. Trump to be elected again and a federal case still
be pending on Inauguration Day, he could simply use his power as president to
force the Justice Department to drop the matter, as he has suggested he might do.
(It is not yet clear when a trial over his efforts to
overturn the 2020 election will start. The classified documents case has a trial date set for May, although that could be pushed back.)
The Constitution does not give presidents supervisory
authority over state prosecutors, so Mr. Trump would not be able to simply call
off the case in New York, which is scheduled for trial in March. Nor would that
approach work for a potential case in Georgia, where the Fulton County district
attorney, Fani Willis, has indicated she is nearing a decision on charges in
her own election-interference investigation.
But Mr. Trump could essentially try to hit pause on any
state charges. In the past, the Justice Department has taken the position that
a criminal legal proceeding against a president while he is in office would be
unconstitutional because it would interfere with his ability to perform his
duties.
There is, however, no definitive Supreme Court ruling on the
matter because the issue has never arisen before. In 1997, the Court allowed a
federal lawsuit against President Bill Clinton to proceed while he was in
office — but that was a civil case, not a criminal one.
Things would get even more complicated if Mr. Trump were to
be convicted in one or more cases and still win the 2024 election.
For a conviction in a federal case, he would most likely
move to pardon himself, a power Mr. Trump claimed in 2018 that he had the “absolute right” to wield.
It is not clear whether a self-pardon would be legitimate.
But no text in the Constitution bars a president from doing so, and the issue
has never been tested in court.
In 1974, the Justice Department did issue a terse legal opinion stating that President Richard Nixon did not appear to
have the authority to pardon himself “under the fundamental rule that no one
may be a judge in his own case.”
But the opinion did not explain what transformed that
principle into an unwritten limit on the power the Constitution bestows on
presidents, and legal experts have disagreed on that question.
And Mr. Trump would almost certainly use his control of the
Justice Department to ensure that it reverses its position.
If the Justice Department opted not to challenge a
self-pardon, it is not clear who else would have legal standing to pursue the
matter.
Again, a state case would be different. A self-pardon is not
an option because the Constitution does not empower a president to forgive
state offenses; that is a power wielded by governors.
If Mr. Trump were unable to secure a governor’s pardon, he
could seek a federal court order delaying any incarceration — or requiring his
release from prison — while he is the sitting president, on constitutional
grounds.
Yet another possibility: If Mr. Trump were incarcerated upon
the start of his second term, he could be removed from office under the 25th
Amendment as “unable to discharge the powers and duties of his office.”
That section of the 25th Amendment requires the vice
president and a majority of the president’s cabinet to determine he is unable
to serve.
Among the questions that possibility would raise is who qualifies
as a cabinet member if the Senate has not confirmed any new political
appointees by Mr. Trump. But perhaps as important, it would also require Mr.
Trump’s running mate — a person who would have agreed to join the campaign of a
candidate facing multiple indictments — to sign off on his removal from power.
New York Times, 3:30 p.m. ET1 hour ago
1 hour ago
Kayla Guo
A mini rock concert has broken out among Trump’s opponents
on the steps outside the courthouse. The primary lyric is cursing white supremacy.
New York Times, 3:33 p.m. ET1 hour ago
1 hour ago
Alan Feuer
Earlier today, one of Trump’s lawyers, John F. Lauro, filed
a notice that he would appear in the case. Just now, his other lawyer, Todd
Blanche, filed what’s known as a motion for admission pro hac vice. That’s how
lawyers who aren’t licensed to practice in a given district are allowed to
represent clients there.
New York Times, 3:35 p.m. ET1 hour ago
1 hour ago
Jonathan Swan
The Trump team handed this reading material to the reporters
traveling with his motorcade. It synthesizes their theme: trying to portray the
indictments as part of a sinister scheme by Democrats to cover up for President
Biden and his son Hunter.
New York Times, 3:36 p.m. ET1 hour ago
1 hour ago
Benjamin Protess
Blanche, who left his law firm partnership to lead Trump’s
defense, is serving as the former president’s lawyer in his two other criminal
cases as well. Blanche also represents Boris Epshteyn, a Trump adviser whose
conduct has come under scrutiny from federal investigators.
New York Times, 3:42 p.m. ET1 hour ago
1 hour ago
Charlie Savage
In an unusual move on an unusual day, the district court’s
chief judge, James E. Boasberg, has entered the courtroom and is apparently going to watch
the proceedings as a spectator. As noted earlier, he presides over the grand
jury that investigated Trump, and this is normally his courtroom, but a
magistrate judge will be in his seat today.
New York Times, 3:45 p.m. ET1 hour ago
1 hour ago
Benjamin Protess
We might not learn anything today about the timing of
Trump’s trial, but once the schedule is set, it could have far-reaching
implications. Trump is already facing two other criminal trials next year, in
the thick of the 2024 presidential race, and the trial calendar in federal
court in Washington is quite backlogged.
New York Times, 3:51 p.m. ET59 minutes ago
59 minutes ago
Charlie Savage
The prosecutors have entered the courtroom. Jack Smith is
sitting not at the counsel table but on a pew-like bench between it and the
public gallery. Thomas P. Windom and Molly Gaston are at the table.
New York Times, 3:51 p.m. ET59 minutes ago
59 minutes ago
Charlie Savage
Evan Corcoran, a lawyer for Trump who played a central role
in the dispute that led to his indictment over hoarding classified documents at
Mar-a-Lago, has entered the room and is sitting at the bench behind the defense
table, which remains empty for now.
New York Times, 3:52 p.m. ET58 minutes ago
58 minutes ago
Charlie Savage
Trump is entering the room.
New York Times, 3:55 p.m. ET55 minutes ago
55 minutes ago
Charlie Savage
Here are the charges
Trump is facing.
The indictment of former President Donald J. Trump on
Tuesday leveled four criminal counts against him over his efforts to stay in
power after the 2020 election.
Those charges are conspiracy to violate civil rights,
conspiracy to defraud the government, the corrupt obstruction of an official proceeding
and conspiracy to carry out such obstruction. Here is a closer look at those
charges, and their potential punishments.
Conspiracy
to violate rights
Conspiracy to violate rights is Section 241 of Title 18, the
portion of the United States Code that concerns federal criminal offenses. A
conviction on this charge is punishable by up to five years in prison.
Congress enacted what is now Section 241 after the Civil War
to go after white Americans in the South, including members of the Ku Klux
Klan, who used terrorism to prevent formerly enslaved African Americans from
voting. But in a series of cases in the 20th century, the Supreme Court upheld
an expanded use of the statute to election-fraud conspiracies, like ballot-box
stuffing.
In invoking the statute, the indictment frames Mr. Trump’s
conduct as “a conspiracy against the right to vote and to have one’s vote
counted.”
Essentially, Mr. Smith accused Mr. Trump of trying to rig
the outcome of the election.
“The purpose of the conspiracy was to overturn the
legitimate results of the 2020 presidential election by using knowingly false
claims of election fraud to obstruct the federal government function by which
those results are collected, counted and certified,” the indictment said.
The indictment cites five means by which Mr. Trump and six
unnamed co-conspirators sought to reverse the results of the election,
including pushing state legislators and election officials to award electoral
votes won by his opponent, Joseph R. Biden Jr., to him instead.
“On the pretext of baseless fraud claims, the defendant
pushed officials in certain states to ignore the popular vote; disenfranchise
millions of voters; dismiss legitimate electors; and ultimately, cause the
ascertainment of and voting by illegitimate electors in favor of the
defendant,” the indictment said.
The indictment said that involved the recruitment of fake
electors in swing states Mr. Biden won, trying to wield the power of the
Justice Department to fuel lies about election conspiracy, and pressuring Vice
President Mike Pence to delay the certification of the election or reject
legitimate electors.
And when all that failed, the indictment said, Mr. Trump and
his co-conspirators “exploited” the violent disruption of the riot on Jan. 6,
2021, by “redoubling efforts to levy false claims of election fraud and
convince members of Congress to further delay the certification based on those
claims.”
The indictment, which recounts each of those episodes in
detail, relies on the same basic facts for the other counts against Mr. Trump.
Conspiracy
to defraud the United States
Conspiracy to defraud the United States involves Section
371. Any conviction on this charge is also punishable by up to five years in
prison.
This charge has long been seen as a possible result of the
investigation. In March 2022, for example, a federal judge ruled that emails
belonging to John Eastman, a lawyer who advised Mr. Trump in his efforts to
remain in power, qualified for an exemption from attorney-client privilege
because they most likely involved a Section 371 offense.
And the House select committee investigating Jan. 6
recommended in its final report in December 2022 that the Justice Department
charge Mr. Trump and others with conspiracy to defraud the United States.
Corrupt
obstruction of an official proceeding and conspiracy to commit that crime
Both of the closely related third and fourth counts are
provisions of Section 1512. Any conviction under that statute is punishable by
up to 20 years in prison.
Prosecutors have used this law to charge hundreds of people
who participated in the storming of the Capitol on Jan. 6, accusing them of obstructing the joint session of Congress
to certify Mr. Biden’s victory.
In April, a federal appeals court upheld the viability of
applying that charge in relation to the Capitol attack. But using it against Mr.
Trump may raise different issues, because he did not personally participate in
the riot.
New York Times, 3:55 p.m. ET56 minutes ago
56 minutes ago
Charlie Savage
Trump ambled in and sat down at the defense table. He messed
with some papers in front of him and is now sitting, hands clasped. His
lawyers, John F. Lauro and Todd
Blanche,
have sat down on either side of him.
New York Times, 3:56 p.m. ET54 minutes ago
54 minutes ago
Charlie Savage
Lauro is whispering something into Trump’s ear behind his
hand. Blanche has gotten up and is talking with Windom — one of the prosecutors
— and another person at the center of the room. They are flipping through
papers.
New York Times, 3:57 p.m. ET53 minutes ago
53 minutes ago
Charlie Savage
Blanche returned to the defense table, and Lauro got up to
lean over him and look at the papers. Trump is sitting impassively next to them
but not taking part, instead looking around left and right.
New York Times, 3:59 p.m. ET51 minutes ago
51 minutes ago
Charlie Savage
Steven Cheung, a spokesman for Trump’s 2024 campaign, is
standing in the corner behind the defense table area, along with some men who
may be Trump’s Secret Service detail based on their pins.
1600
BREAKING
NEWS1 hour(s)
ago 1600
Trump arrives at DC courthouse for hearing on federal
charges
Former President Donald
Trump has arrived at the federal courthouse in Washington, D.C.
to face federal charges stemming from the DOJ investigation into the Jan. 6,
2021 Capitol riot and efforts to overturn the 2020 presidential election.
Trump arrived by
motorcade from Ronald Reagan Washington International Airport after flying from
New Jersey earlier in the afternoon.
Trump's hearing is scheduled
for 4:00 p.m. ET. He faces four federal charges, including conspiracy to
defraud the United States, conspiracy to obstruct an official proceeding,
obstruction of and attempt to obstruct an official proceeding, and conspiracy
against rights.
Fox:
Posted by Brandon Gillespie
1 hour(s) ago 1600
Trump’s lawyer slams 2020 indictment as ‘election
interference’
A lawyer for former
President Donald Trump claimed that the three indictments
against him amount to “election interference.”
Speaking to reporters
outside of the Washington, DC courthouse on Thursday afternoon, Alina Habba
repeated suggestions by several Trump allies that the timing of his indictments
were made to distract from negative media attention on the Biden family.
“This is not a
coincidence. This is election interference at its finest against the leading
candidate right now for president for either party,” Habba said. “President
Trump is under siege in a way that we have never seen before. President Trump
and his legal team and everyone on his team will continue to fight. Not for
him, but for the American people.”
She would not say
directly whether she thought the case should move forward before or after the
next presidential election, but said, “I think that every court needs to look
at this as a whole.”
“It's not about the Jan.
6 case. It's about the fact that in the matter of a couple of months, we have
seen them try and tie up – and me as an attorney, I've never seen this – tie up
one individual… who's running a campaign, in a campaign, running for office for
president, so that he is in court in depositions and distract him so that he
won't properly run for 2024. And frankly, it's not going to work,” Habba said.
1 hour(s) ago 1600
Trump to plead 'not guilty' to charges stemming from
special counsel's Jan. 6 probe
Former President Donald
Trump will plead "not guilty" on Thursday to four
federal charges stemming from Special Counsel Jack Smith's investigation into
2020 election interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP
front-runner, is charged with conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding, and conspiracy against rights.
Trump traveled from his
resort in Bedminster, N.J., Thursday to Washington D.C. His first court
appearance took place at the U.S. District Court for the District of
Columbia.
U.S. District Judge
Tanya Chutkan presided over the proceedings. Chutkan, a former assistant
public defender before her appointment to the bench by President Barack Obama,
has handled several cases involving individuals who entered the Capitol on
January 6.
Fox:
Posted by Brandon Gillespie
Rep. Ro Khanna, D-Calif., praised “the rule of law” on
Thursday just before former President Donald Trump arrived at a Washington, DC
courthouse for his arraignment on charges related to the 2020 election.
“The reality is that
there was an elaborate plot that the Trump administration had to try to
overturn a legitimate election, and we in this country need to hold election
sacred,” Khanna said in a video for The Hill.
“We can’t have
politicians, after the fact, trying to nullify what the voters say. And so I’m
glad that the rule of law will be upheld.”
The top two Congressional
Democrats previous said that Tuesday’s charges were the gravest brought against
Trump so far.
“The third indictment of
Mr. Trump illustrates in shocking detail that the violence of that day was the
culmination of a months-long criminal plot led by the former president to defy
democracy and overturn the will of the American people,” Senate Majority Leader
Chuck Schumer and House Minority Leader Hakeem Jeffries said. “This indictment
is the most serious and most consequential thus far and will stand as a stark
reminder to generations of Americans that no one, including a president of the
United States, is above the law.
1 hour(s) ago 1600
Protesters gather outside DC courthouse as Trump faces
federal charges related to January 6
Protesters gathered outside the Washington,
D.C. federal courthouse as former President Donald Trump was
scheduled to be arraigned Thursday afternoon.
Trump is facing charges
of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding,
obstruction of and attempt to obstruct an official proceeding, and conspiracy
against rights.
He was already charged in
a previous federal indictment stemming from Smith's investigation, and has
pleaded not guilty to 37 counts relating to his alleged improper retention of
classified records.
Eric Lamar, who was
outside the courthouse protesting Trump, told Fox News Digital that the former
president "for the first time he will be held accountable for his criminal
acts before and during January 6."
Another person told Fox
News Digital that he has been to every arraignment for the former
president and predicts that his support will only increase.
Fox:
Posted by Brandon Gillespie Fox
New York Times, 4:00 p.m. ET50 minutes ago
50 minutes ago
Charlie Savage
Todd Blanche, one of Trump's lawyers, said something to
Trump, who nodded. Trump clasped, unclasped and re-clasped his hands. About 20
feet away is Jack Smith, the special counsel, talking to another man and not
looking at the former president.
New York Times, 4:07 p.m. ET43 minutes ago
43 minutes ago
Charlie Savage
Everyone is waiting for the magistrate judge. Trump is
conferring with John F. Lauro, his lawyer, gesturing with his hands as he says
something and then clasping them again. Lauro is leaning close, resting on an
elbow and covering his mouth with his hand. Trump looks left, looks right,
looks forward and waits.
New York Times, 4:08 p.m. ET42 minutes ago
42 minutes ago
Benjamin Protess
It is somewhat unexpected that Evan Corcoran is attending
the arraignment. He provided crucial evidence against Trump in the first
federal indictment, over the classified documents, though even after doing so,
he continued to advise on the case in Washington.
New York Times, 4:09 p.m. ET41 minutes ago
41 minutes ago
Luke Broadwater
The crowd outside the courthouse has grown and now
outnumbers the hundreds of members of the news media here.
New York Times, 4:10 p.m. ET40 minutes ago
40 minutes ago
Charlie Savage
Trump appeared to stare at Jack Smith for several moments.
Now he is leaning forward and appears to be staring at the prosecutors sitting
at their table across from him.
49 min(s) ago 1611
Trump pleads 'not guilty' to charges stemming from
special counsel's Jan. 6 probe
Former President Donald
Trump pleaded "not
guilty" on Thursday to four federal charges
stemming from Special Counsel Jack Smith's investigation into 2020 election interference
and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP
front-runner, is charged with conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding, and conspiracy against rights.
Trump traveled from his
resort in Bedminster, N.J., Thursday to Washington D.C. His first court
appearance took place at the U.S. District Court for the District of
Columbia.
U.S. District Judge
Tanya Chutkan presided over the proceedings. Chutkan, a former assistant
public defender before her appointment to the bench by President Barack Obama,
has handled several cases involving individuals who entered the Capitol on
January 6.
Fox:
Posted by Brandon Gillespie Fox
New York Times, 4:12 p.m. ET38 minutes ago
38 minutes ago
Charlie Savage
Trump came into the room at 3:51 p.m., so he has now been
waiting 20 minutes.
New York Times, 4:12 p.m. ET38 minutes ago
38 minutes ago
Maggie Haberman
Corcoran was brought into Trump’s world by Boris Epshteyn,
an adviser who is traveling with the former president today.
New York Times, 4:13 p.m. ET37 minutes ago
37 minutes ago
Maggie Haberman
Trump has done everything he can do to try to make these
indictments roll out on his own terms. But now he’s at the mercy of prosecutors
and the judge.
New York Times, 4:14 p.m. ET36 minutes ago
36 minutes ago
Charlie Savage
Todd Blanche, one of Trump’s lawyers, yawns and rubs his
chin. Trump picks up a paper and discusses it with another lawyer, John F.
Lauro, who again hides his mouth behind his hands like a football coach calling
in the next play, trying to thwart lip readers. The special counsel, Jack
Smith, sits impassively. A line of U.S. marshals blocks the door, shoulder to
shoulder.
New York Times, 4:15 p.m. ET34 minutes ago
34 minutes ago
Charlie Savage
A reporter tries to come up with yet another descriptive way
to convey that nothing is happening yet.
New York Times, 4:16 p.m. ET34 minutes ago
34 minutes ago
Maggie Haberman
Privately, people who have spoken with Trump recently have
described him as angrier than they recall seeing him in the past. This
indictment is different than the others: a true bill stating in no uncertain
terms that he lost the 2020 election.
New York Times, 4:16 p.m. ET34 minutes ago
34 minutes ago
Charlie Savage
The gavel just banged. Trump stood with his lawyers and
everyone else at the “all rise” order, then sat back down.
New York Times, 4:17 p.m. ET32 minutes ago
32 minutes ago
Charlie Savage
A prosecutor, Thomas P. Windom, introduced himself and a
fellow prosecutor, Molly Gaston. He identified the other woman at the
prosecutors’ table as “F.B.I. Special Agent Garner.”
New York Times, 4:18 p.m. ET32 minutes ago
32 minutes ago
Charlie Savage
The defense lawyer John F. Lauro introduced himself and Todd
Blanche, and said “President Trump” was present.
New York Times, 4:18 p.m. ET31 minutes ago
31 minutes ago
Charlie Savage
The magistrate judge, Moxila A. Upadhyaya, just warned
people not to record anything in the courtroom or media overflow rooms.
New York Times, 4:19 p.m. ET31 minutes ago
31 minutes ago
Alan Feuer
Generally, an F.B.I. agent who appears with prosecutors in
the courtroom is the case agent on the investigation. We will see if that’s the
case with Agent Garner.
New York Times, 4:20 p.m. ET30 minutes ago
30 minutes ago
Neil Vigdor
The legal issues with Ron
DeSantis’s push to move cases away from Washington, D.C.
Legal experts say that an idea floated by Gov. Ron DeSantis
of Florida about transferring criminal cases out of Washington, D.C., is a
flawed concept.
Mr. DeSantis made the unusual suggestion in the moments
after his rival, former President Donald J. Trump, was indicted on Tuesday for
trying to overturn the 2020 election, writing on Twitter that “we need to enact reforms so that Americans have
the right to remove cases from Washington, D.C. to their home districts.” (Both
men call Florida home.)
“It’s going to be hard to square with the Constitution,”
said Elizabeth Earle Beske, an associate law professor at American University
in Washington, D.C.
Several scholars and lawyers noted that the Constitution
says that trials “shall be held in the state where the
said crimes shall have been committed.” The federal rules of criminal procedure further specify that the proceedings be held in the
district of the alleged offense.
Defendants can already seek a change of venue for their
cases under the current law, the experts pointed out, but the bar is high: They
must demonstrate to the court that they cannot otherwise obtain a fair and
impartial trial.
Mr. DeSantis, in echoing Mr. Trump’s “swamp” pejorative for
Washington, seemed to suggest that his rival could not get a fair trial in the
nation’s capital. Bryan Griffin, a campaign spokesman for Mr. DeSantis who went
to Harvard Law School and previously practiced law, said in an email that the
governor’s idea for moving cases had merit.
“Congress can certainly change the rules of criminal
procedure to allow defendants to change venues out of D.C. for politically
charged cases,” he said.
But that premise was challenged by David B. Rivkin Jr., who
served in the White House Counsel’s Office and the Department of Justice during
the Reagan and George H.W. Bush administrations and practices appellate and
constitutional law in Washington.
“I think it’s extremely unfortunate to characterize the D.C.
jury pool in this fashion,” he said. “Whatever you think about the U.S.
government, the notion that means that people who live in the district can be
accused of being part of the swamp, to me, is neither fair nor appropriate.”
Arthur Hellman, a law professor emeritus at the University
of Pittsburgh, suggested that Mr. DeSantis had “not thought that through
completely.”
“Criminal venue was so important to the framers,” of the
Constitution, he said.
New York Times, 4:20 p.m. ET29 minutes ago
29 minutes ago
Charlie Savage
Trump stands to be sworn in. Upadhyaya greets him and
informs him that they are here to deal with the indictment. She gives him a
roadmap: First she will advise him of the counts and the associated penalties.
Then she will inform him of his rights and government responsibilities. Then
she will arraign him. Then she will deal with any conditions of release.
an hour ago 1620
Trump's release conditions revealed as next hearing date
set —will come 5 days after first GOP debate
By Ryan King
The next hearing in the 2020 election case against former
President Donald Trump is set for Aug. 28.
A trial date will be scheduled during that hearing,
according to Magistrate Judge Moxila A. Upadhyaya, who oversaw the arraignment
Thursday.
That hearing is just five days after the first GOP
debate, which is slated for Aug. 23 in Milwaukee. Trump has dangled the
prospect of skipping the crowded verbal bout.
After pleading not guilty, Trump is expected to be
released on personal recognizance or signature bond.
Conditions for the 77-year-old's release include
requirements that he can't communicate with individuals known to be a witness
in the case unless he goes through an attorney.
He must also not violate federal or state law, sign an
appearance bond and appear in court when told.
an hour ago 1620
Rep. Elise Stefanik laments Trump arraignment as
'chilling chapter' for Biden's DOJ
By Ryan King
House Republican Conference Chair Elise Stefanik (R-NY)
decried former President Donald Trump's latest indictment.
“The unconstitutional and unprecedented arrest of
President Donald J. Trump is truly a chilling chapter in Joe Biden’s
weaponization of the Department of Justice against his leading political
opponent who is beating Biden in many independent polls," Stefanik said in
a statement.
"President Trump had every right under the First
Amendment to correctly raise concerns about election integrity in 2020,” she
added, echoing criticisms from many Trump supporters.
Notably, Special Counsel Jack Smith sought to evade First
Amendment concerns by harping on alleged procedural efforts by Trump to subvert
the 2020 election.
Trump is charged with conspiracy to defraud the United
States, conspiracy to obstruct an official proceeding, obstruction of and
attempt to obstruct an official proceeding and conspiracy against rights.
Stefanik endorsed Trump's 2024 reelection bid last
November.
"President Trump will defeat these charges in court,
defeat Joe Biden at the ballot box on November 5, 2024, will be sworn in as
President of the United States of America in January 2025 and we will Save
America!” she added.
an hour ago 1620
Trump sends fundraising email to supporters while in
courthouse: 'My last email before the arraignment'
Former President Donald Trump sent a fundraising email to
his supporters asking for donations moments before he was arraigned in federal
court in Washington, DC, on charges related to his alleged efforts to overturn
the 2020 election.
"It sounds like a chapter you’d read out of an old
history book on the Soviet Union or Maoist China …But sadly, it’s taking place
right here in America," the email said about the latest federal indictment
against him.
The subject line read "My last email before the
arraignment."
Trump, the frontrunner in the GOP presidential race, said
he is not losing any hope "even as I now stare down a threat of 561 YEARS
in prison as an innocent man."
Trump's political action committee has reportedly spent
north of $40 million in donations on the former president's
legal fees in 2023 alone.
an hour ago 1620
Trump pleads not guilty to federal Jan. 6 indictment
Former President Donald Trump was arraigned in
Washington, DC, federal court Thursday for allegedly trying to overturn the
results of the 2020 election.
Trump, 77, surrendered to law enforcement and pleaded not
guilty to a four-count indictment from the Justice Department for disrupting
the peaceful transfer of power with his “stolen” election claims that
culminated in the storming of the US Capitol building by hundreds of his
supporters on Jan. 6, 2021.
Special counsel Jack Smith charged the former president
with conspiracy to defraud the US government, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official
proceeding and conspiracy against rights.
The indictment states Trump made “knowingly false” claims
about the 2020 election and unlawfully pressured former Vice President Mike
Pence and various state officials to reject President Biden’s victory.
Trump and Smith reportedly exchanged glances inside the
courtroom on Thursday — and the former president gazed backward a few times at
the roughly 100 spectators and reporters allotted seats for the hearing.
an hour ago 1620
Here are the notable Trump allies tagging along for his
court date
By Ryan King
Former President Donald Trump was flanked by an entourage
of his closest confidants ahead of his expected arraignment Thursday.
While departing the so-called Trump Force One at Reagan
National Airport, his personal valet Walt Nauta and attorney Todd Blanche were
seen exiting the Boeing 757.
Nauta notably pleaded not guilty to six federal counts
levied against him by Special Counsel Jack Smith for the Mar-a-Lago document
case back in June. Blanche, who helped Trump navigate the document case, was
widely expected to attend the court hearing along with fellow attorney John
Lauro.
Other advisers spotted include senior strategists Susie
Wiles, Boris Epshteyn and Chris LaCivita.
Trump's
former senior advisor Boris Epshteyn, left, and senior strategist Chris
LaCivita.
Longtime adviser Jason Miller, who appears to have been
referenced in the four-count indictment against Trump, 77, was also seen near
Reagan National Airport, where the former commander in chief's plane touched
down.
an hour ago 1620
Most Americans say Biden White House ethics ‘not good’ or
‘poor,’ poll shows
It’s not just Hunter.
Most Americans believe the Biden administration’s ethical
standards are “not good” or “poor,” according to a new national poll released
Thursday.
A majority of US adults (55%) surveyed by Gallup
throughout July gave top White House officials a negative ethics rating — the
lowest of any administration in recent history with the exception of former
President Donald Trump.
The poll showed 42% of respondents gave the Biden
administration a positive ethics rating, with 34% calling the current standards
“good” and 8% calling them “excellent.”
Trump officials had the lowest ethics ratings of any
presidential administration on record, with only 38% giving an “excellent” or
“good” rating.
an hour ago 1620
Jack Smith and Trump reportedly 'exchanged looks' inside
courtroom at ex-president's arraignment
By Ryan King
Both special counsel Jack Smith and former President
Donald Trump have entered the courtroom for the 77-year-old's arraignment,
according to multiple reports.
Trump was reportedly seen quietly chatting with his
lawyer in the courtroom.
Smith also attended the former commander in chief's
arraignment in Miami for the 37- (now 40-) count indictment over alleged
hoarding of national security documents.
The two men are said to be seated roughly 15 feet away
from each other and exchanged looks.
Ahead of the hearing lawyers were seen signing various
paperwork.
an hour ago 1620
Trump 'checking out the audience' inside courtroom
Donald Trump looked around the DC courtroom at the 100 or
so spectators as the former president awaited Magistrate Judge Moxila Upadhyaya
on Thursday — seated not far from special counsel Jack Smith, whom he has
bashed as a "rabid wolf."
"More so today than in Manhattan court or Miami
federal court.... Trump is checking out the audience. Looking around the room.
And at the spectators," tweeted CBS journalist Scott
MacFarlane.
Journalists in the courtroom are not allowed to use
electronics such as cellphones, but the courthouse, located at the base of
Capitol Hill, set up a special media room nearby to allow for more rapid
filing.
A journalist for The Post was among the few chosen by
lottery to sit in the courtroom.
New York Times, 4:21 p.m. ET29 minutes ago
29 minutes ago
Charlie Savage
Judge Upadhyaya asks Trump his name, and Trump stands up and
starts walking toward her. She advises him that he can sit and talk into the
microphone. She asks his name again, and he says, “Yes, your honor, Donald J.
Trump, John.” She asks his age and he says 77. She asks if he is on drugs
today, and he says he is not.
New York Times, 4:21 p.m. ET28 minutes ago
28 minutes ago
Alan Feuer
The question about a defendant using drugs is standard
operating procedure and not specific to Trump.
New York Times, 4:24 p.m. ET26 minutes ago
26 minutes ago
Charlie Savage
Upadhyaya is reading the charges and explaining the possible
maximum sentences for each one. Count 1, Section 341, conspiracy to defraud the
United States, carries a maximum of five years in prison. Counts 2 and 3, the
Section 1512 charges, corrupt obstruction of a proceeding and conspiracy, carry
penalties of up to 20 years. Count 4, Section 241, conspiracy against rights,
carries a term of up to 10 years, she says.
New York Times, 4:25 p.m. ET25 minutes ago
25 minutes ago
Charlie Savage
Trump returns to his chair and sits down.
New York Times, 4:25 p.m. ET25 minutes ago
25 minutes ago
Charlie Savage
“Not guilty,” Trump says to Counts 1 through 4.
New York Times, 4:25 p.m. ET25 minutes ago
25 minutes ago
Charlie Savage
Upadhyaya says Trump has a right to remain silent and asks
Trump if he understands. He says yes. She tells the government it has
responsibilities, like sharing evidence with the defendant. Windom says he
understands.
New York Times, 4:26 p.m. ET24 minutes ago
24 minutes ago
Maggie Haberman
It can’t be stressed enough that Trump values projecting
strength, and these indictments and arraignments are events he spent a lifetime
avoiding before his presidency.
New York Times, 4:26 p.m. ET23 minutes ago
23 minutes ago
Charlie Savage
In response to a question from Judge Upadhyaya, Windom
confirms that the government is not seeking to detain Trump.
New York Times, 4:27 p.m. ET23 minutes ago
23 minutes ago
Charlie Savage
Windom tells the judge that the parties have agreed that, as
a condition of release, Trump must not violate federal or state law, must
appear in court as directed and must sign an appearance bond. He must not
communicate with anyone he knows to be a witness, except through his lawyers or
in the presence of his lawyers.
New York Times, 4:28 p.m. ET22 minutes ago
22 minutes ago
Charlie Savage
Lauro says this accurately states the defense’s
understanding of the conditions of release.
New York Times, 4:28 p.m. ET22
minutes ago
22
minutes ago
Alan
Feuer
The order
imposed on Trump not to communicate with any witnesses in the case is the same
one imposed on him in the documents case.
New York Times, 4:27 p.m. ET22 minutes ago
22 minutes ago
Alan Feuer
It is no surprise that the government did not seek to detain
Trump on the charges he faces. He was not detained after his arraignment in
Florida either.
New York Times, 4:29 p.m. ET21 minutes ago
21 minutes ago
Charlie Savage
Upadhyaya is now warning Trump against violating the
conditions of release and tells him to listen carefully. If he fails to comply,
a warrant may be issued for his arrest, the conditions of release may be
revoked, and he may be held pending trial and receive a longer sentence. He
could also be charged with contempt of court.
BREAKING
NEWS25 min(s)
ago approx 1630
Trump departs DC courthouse after ‘not guilty’ plea in
Jan. 6 case
Former President Trump
departed the federal courthouse in Washington, D.C. after pleading "not
guilty" on Thursday to four federal charges
stemming from Special Counsel Jack Smith's investigation into 2020 election
interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP
front-runner, is charged with conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding, and conspiracy against rights.
Trump traveled from his
resort in Bedminster, N.J., Thursday to Washington D.C. His first court
appearance took place at the U.S. District Court for the District of Columbia.
U.S. District Judge
Tanya Chutkan presided over the proceedings. Chutkan, a former assistant
public defender before her appointment to the bench by President Barack Obama,
has handled several cases involving individuals who entered the Capitol on January
6.
Posted by Brandon Gillespie Fox
New York Times, 4:30 p.m. ET20 minutes ago
20 minutes ago
Charlie Savage
Upadhyaya asks if Trump is prepared to comply with the
conditions, and he nods and says yes.
New York Times, 4:30 p.m. ET20 minutes ago
20 minutes ago
Charlie Savage
Trump is signing the document outlining his conditions of
release, after being sworn in again. Upadhyaya set a court date and said Trump
must appear unless the district judge relieves him of that responsibility.
New York Times, 4:31 p.m. ET19 minutes ago
19 minutes ago
Charlie Savage
Trump is leaning forward in his chair watching the judge as
she looks though the document with the assistance of a clerk. The judge says
she is confirming that the conditions are as stated on the record.
29 min(s) ago 1631
John Bolton says Jack Smith has 'strong case' on Trump,
warns an acquittal could be 'devastating'
Special Counsel Jack Smith has built a “strong
case” against former President Donald Trump, his own ex-National Security
Advisor said just after he entered a Washington, DC courthouse for his
arraignment.
However, he warned that
Trump’s political fate likely hinges on the outcome – and said a “not guilty”
verdict would be “devastating.”
“I think this indictment
lays out a pretty strong case,” Bolton said on CNN. “I think it was right to
bring the [classified] documents case, I think it's important to have both of
these cases brought to trial before the election, as far in advance of the
election as possible. But I want to underline what we're doing. I think it's
the right thing to do, but it is a modified form of Russian roulette.”
Bolton is one of several
former Trump officials to have turned against the former president after Jan.
6.He explained, “If Trump is convicted in one or both of the federal cases, I
think that will turn things upside down. I think he could be denied the
Republican nomination. He'd certainly lose the election.”
“But the risk is real…
the impeachment efforts against Trump failed twice to convict him, and what it
what was the consequence of the failure? Emboldening and empowering Trump.
Acquittals here would be even more devastating.”
New York Times, 4:32 p.m. ET18 minutes ago
18 minutes ago
Charlie Savage
Judge Upadhyaya signed the document outlining the conditions
of release and told the lawyers they would all receive copies.
New York Times, 4:32 p.m. ET18 minutes ago
18 minutes ago
Benjamin Protess
It’s also no surprise that prosecutors did not require Trump
to surrender his passport or attach any other serious condition to his release.
The same thing happened in the Florida case.
New York Times, 4:34 p.m. ET16 minutes ago
16 minutes ago
Charlie Savage
Upadhyaya says she has consulted with the district judge,
Tanya S. Chutkan, and they will set the first hearing with her now. She offers
three dates and will give the lawyers an opportunity to consult their calendars
and Trump. The options are Aug. 21, Aug. 22 or Aug. 28, all at 10 a.m.
New York Times, 4:34 p.m. ET15 minutes ago
15 minutes ago
Maggie Haberman
The first two dates are just before the first Republican
primary debate, Aug. 23, which Trump has not yet said if he is attending.
BREAKING
NEWS25 min(s)
ago approx 1635 Trump departs DC courthouse after
‘not guilty’ plea in Jan. 6 case
Former President Trump departed
the federal courthouse in Washington, D.C. after pleading "not
guilty" on Thursday to four federal charges stemming
from Special Counsel Jack Smith's investigation into 2020 election interference
and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP
front-runner, is charged with conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding, and conspiracy against rights.
Trump traveled from his
resort in Bedminster, N.J., Thursday to Washington D.C. His first court
appearance took place at the U.S. District Court for the District of Columbia.
U.S. District Judge
Tanya Chutkan presided over the proceedings. Chutkan, a former assistant
public defender before her appointment to the bench by President Barack Obama,
has handled several cases involving individuals who entered the Capitol on
January 6.
Fox:
Posted by Brandon Gillespie Fox
New York Times, 4:35 p.m. ET15 minutes ago
15 minutes ago
Charlie Savage
On behalf of the prosecution, Windom said the government was
available all three dates but requested the soonest date, Aug. 21. On behalf of
the defense, Blanche requested Aug. 28. Judge Upadhyaya set the hearing for
Aug. 28.
New York Times, 4:35 p.m. ET14 minutes ago
14 minutes ago
Charlie Savage
Upadhyaya said Judge Chutkan was willing to waive Trump’s
appearance at the first hearing if he wants.
New York Times, 4:36 p.m. ET14 minutes ago
14 minutes ago
Maggie Haberman
It cannot be stressed enough how much of Trump’s time in the
next 15 months could be spent being required, as a criminal defendant, to be
present in courtrooms in Miami, Washington, New York and possibly Georgia.
New York Times, 4:37 p.m. ET13 minutes ago
13 minutes ago
Charlie Savage
Upadhyaya ordered the government to file a brief seven days
from today, setting forth a proposal for a trial date and an estimate of how
long it expects to take to make its case. Within seven days of that, Trump’s
lawyers are required to file their own proposal for a trial date and estimate of
how long it will take.
New York Times, 4:37 p.m. ET13 minutes ago
13 minutes ago
Benjamin Protess
A central component of the defense strategy will be to delay
the proceedings as much as possible. So, when given options for court dates, it
can be assumed that Trump will always opt for the later one.
New York Times, 4:38 p.m. ET12 minutes ago
12 minutes ago
Charlie Savage
Trump’s lawyer John F. Lauro says there may be massive
amounts of discovery. To have time to prepare, he says, the defense needs from the
government an estimate of the volume of discovery — such as documents and
electronic files — and, most importantly the degree to which they have
exculpatory information on behalf of Trump.
New York Times, 4:39 p.m. ET10 minutes ago
10 minutes ago
Charlie Savage
Lauro requests that the government be required to give the
defense, within two or three days, an understanding of the scope of discovery.
New York Times, 4:39 p.m. ET10 minutes ago
10 minutes ago
Alan Feuer
To give a sense of the crowded calendar Trump’s legal team
will face, they may need to be in Fort Pierce, Fla., for a hearing in the
classified documents case on Aug. 25, then turn around and be in Washington on
Aug. 28.
New York Times, 4:40 p.m. ET10 minutes ago
10 minutes ago
Charlie Savage
Windom says the government is prepared, as soon as a
protective order is issued, to produce a substantive volume of discovery,
including discovery it is not yet required to turn over. As a general matter,
he says, this case — like any other — would benefit from normal order,
including a speedy trial.
New York Times, 4:40 p.m. ET9 minutes ago
9 minutes ago
Benjamin Protess
And let’s not forget that Trump might be indicted in Georgia
later this month as well.
New York Times, 4:41 p.m. ET9 minutes ago
9 minutes ago
Maggie Haberman
The legal calendar has become intertwined with the political
calendar in a way that could prove challenging for Trump, although he is
currently leading the Republican primary field by some 30 points.
New York Times, 4:44 p.m. ET5 minutes ago
5 minutes ago
Benjamin Protess
Here, again, the Trump defense team will do whatever it can
to delay. The longer the trial is delayed, the better chance there is that it
won’t conflict with the election.
38 minutes ago 1642
Trump leaves DC federal courthouse after pleading not
guilty to Jan. 6 charges
Former President Donald Trump has left the federal
courthouse in Washington, DC, after he was arraigned on charges of conspiring
to overturn the 2020 election.
The 45th president, 77, pleaded not guilty to the four
counts during the hearing, which lasted just 27 minutes, according to CNN. The next hearing has been scheduled for Aug. 28
at 10 a.m., although Trump may not be required to appear in person.
“I will also note, Mr. Trump, that to the extent you are
not able to attend as a result of your schedule, I have consulted with Judge
Chutkan and she is willing to waive your appearance,” Magistrate
Judge Moxila Upadhyaya said.
New York Times, 4:43 p.m. ET7 minutes ago
7 minutes ago
Charlie Savage
Trump said something and Upadhyaya asked if he had a
question. He shook his head and said no. His lawyer John F. Lauro then stood to
talk about the Speedy Trial Act, which calls for federal cases to go to trial
within 70 days of indictment. He said that for the government to suggest the
case could be tried within the scope of that act was somewhat absurd given the
volume of what they have to go through.
New York Times, 4:44 p.m. ET6 minutes ago
6 minutes ago
Charlie Savage
Lauro says the government has had years to investigate the
matter, and the defense lawyers are going to need a little time to fairly
represent their client.
New York Times, 4:45 p.m. ET5 minutes ago
5 minutes ago
Charlie Savage
Judge Upadhyaya directs Lauro to make a written filing
before Judge Chutkan regarding the Speedy Trial Act, and tells the government
it will have five days to respond.
New York Times, 4:46 p.m. ET4 minutes ago
4 minutes ago
Maggie Haberman
It bears repeating that Trump’s advisers are blunt privately
that their goal is for Trump to win the election in part so that the cases can
be disappeared by the Trump Justice Department.
New York Times, 4:46 p.m. ET4 minutes ago
4 minutes ago
Charlie Savage
Judge Upadhyaya thanked Trump, who said, “Thank you, your
honor.” On the “all rise” command, he stood up. His lawyer Todd Blanche put his
arm on Trump’s back and guided him away from the table. Trump walked out the
door, followed by his lawyers.
New York Times, 4:46 p.m. ET3 minutes ago
3 minutes ago
Benjamin Protess
As expected, Trump’s court appearance was a relatively
routine proceeding. The judge read him his rights and explained the charges
against him. He pleaded not guilty. The judge also outlined the conditions of
his release and set the next court date. The whole thing lasted roughly 30
minutes, gavel to gavel.
New York Times, 4:47 p.m. ET3 minutes ago
3 minutes ago
Maggie Haberman
Trump is expected to talk to reporters before he boards his
plane back to New Jersey. Unlike after his first two indictments, he won’t
deliver rally-style remarks later.
New York Times, 4:48 p.m. ET2 minutes ago
2 minutes ago
Alan Feuer
Here’s what to expect in the coming days given what just
took place. The special counsel’s office has been asked to file court papers within
a week proposing a trial date. Trump’s lawyers will most likely file a
scheduling motion of their own, proposing delays to what’s known as the speedy
trial clock. The government will almost certainly file a proposed protective
order over discovery evidence so the disclosure of materials can begin. Then
the parties will meet on Aug. 28.
1700
From
Fox
Former President Trump's plane departed Ronald Reagan Washington
International Airport after he pleaded "not guilty" on
Thursday to four federal charges stemming from Special Counsel Jack Smith's
investigation into 2020 election interference and the Capitol riot on Jan. 6,
2021.
Trump, the 2024 GOP
front-runner, is charged with conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding, and conspiracy against rights.
Trump traveled from his
resort in Bedminster, New Jersey on Thursday to Washington D.C. His first court
appearance took place at the U.S. District Court for the District of Columbia.
Posted by Brandon Gillespie
20 minutes ago 1700
Trump blasts arraignment over Jan. 6 as 'persecution of a
political opponent'
Former President Donald Trump blasted the indictment
against him as "persecution of a political opponent" not long after
pleading not guilty to charges he tried to overturn the 2020 election.
"This is a very sad day for America. And it was also
very sad driving through Washington, DC, and seeing the filth and the decay and
all of the broken buildings and walls of the graffiti. This is not the place
that I left, it's a very sad thing to see it," he told reporters before
boarding his so-called Trump Force One at Reagan National Airport.
"When you look at what's happening, this is a
persecution of a political opponent. This was never supposed to happen in
America. This is the persecution of the person that's leading by very very
substantial numbers in the Republican primary and leading Biden by a lot,"
he continued.
"So, you can't beat him you persecute him or you
prosecute them. We can't let this happen in America. Thank you very much."
Trump 77, pleaded not guilty to four counts: conspiracy
to defraud the United States, conspiracy to obstruct an official proceeding,
obstruction of and attempt to obstruct an official proceeding and conspiracy
against rights.
a minute ago 1719
Trump departs Reagan Airport
By Ryan King
Former President Donald Trump departed Reagan National
Airport en route back to his Bedminster, New Jersey, golf club.
Trump's Boeing 757 was spotted wheels up from the
Arlington, Virginia, airfield that's just outside of the nation's capital at
around 5:30 p.m. Thursday.
The so-called Trump Force One took not long after the
77-year-old pleaded not guilty to the four-count indictment against him for his
alleged efforts to subvert the 2020 election.
His next hearing in this case is slated for Aug. 28.
Our Lesson: July Thirty First through August
Sixth, 2023 |
|
|
Monday,
July 31, 2023 Dow: 35,559.43 |
It’s
the night of the Super Corn Moon – first of two full moons in August. A
New York Times political poll finds Trump pulling farther and farther away
from Saint Ron and the rest of the Republican also-rans, and in a dead heat
with President Joe for November, 2024... in or out of jail. The
Evil Empires continue performing their perfidy. Chinese hackers are blamed for installing
malware in American power and water systems.
Russia and Ukraine swap missile and drone attacks with Bad Vlad
concentrating his fire on civilian targets. The
weather – or something – is driving Americans crazy: an angry trucker rams
six migrants at North Carolina WalMart, angry fangirl throws water at Cardi B
who throws her microphone back (and is arrested for same) while the weekend’s
mass shootings hit 57 in Chicago, 20 in Indiana, more in Lansing,
Michigan. 418 for the year to date v.
259 in 2022 amidst the ongoing heat (Phoenix has now gone 128 days without
rain. But in Memphis, police stop a
wannabe anti-Semitic school shooter by shooting him dead. Barbenheimer
rules the box office for a second straight weekend; weird kids and
celebrities mourn the death of Pee Wee Herman. |
|
Tuesday,
August 1, 2023 Dow: 35,650.38 |
It’s a Rescue Dog Day afternoon... and the
87th anniversary of the opening of the Berlin Olympics. As rumours swell about a looming One Six
indictment... confirmed by sundown... former President Trump is now juggling
four criminal and numerous civil cases as well as his campaign and switching
money between the two. He catches a
bad break when Obama appointee Tanya Chutkin is appointed One Six judge...
she is known for her harsh verdict against clueless Capitol rioters. GOP points out Hunter Biden again as his
former business partner Devon Archer testifies Biden’s son exploited “the
illusion of access” to the Presdent to rack up money for himself. Bad guys in court include crazy cult mom
Lori Vallow, sentenced to life and declaiming that she is speaking to her
murdered children in the Beyond; Pittsburgh synagogue shooter, sentenced to
death – no comments; Gilgo Beach mass murderer appears in court as his wife
divorces him and says her children’s lives are ruined, and the legacy of the
Carlee Russell case is that state legislatures are climbing over one another
to enact tough new laws against fake kidnapping report. But can they legislate retroactivity? Police chiefs in crisis: Alfredo Ramirez
shoots himself in Miami (and lives), Warner Robbins, GA head cop George
Johnson arrested for pedophilia. |
|
Wednesday,
August 2, 2023 Dow: 35,282.52 |
Jack
Smith issues Djonald UnLucky’s third Indictment... four charges, six
co-defendants, one hundred and thirty
counts, seventy five pages, 55 years on tap.
(Attachment One). Trump already
merging his judicial and campaign fundraising efforts while Feds plan a low
key arrest... no handcuffs, mugshots, hopefully no riots outside. Janet Yellin squawks and flaps her wings,
but Fitch downgrades the U.S. credit rating from AAA to AA+, making it harder
to borrow money as the American debt reaches a trillion over the ceiling and
the markets crash. Politicians scuffle
over service cuts v. tax increases. Krimes are Kool as temperatures are not:
thieves pull off a $16M jewel heist at the Paris Piaget store, anti-gay mob
attacks dancers at gas station, stabbing one to death, clumsy truck of nacho
cheese sauce over turns on highway (as Doritos’ toxic nacho cheese chips are
recalled) and a woman fights her way to freedom out of a concrete cell in
Oregon. Pope Frank (86) celebrates National Youth
Day in Portugal. |
|
Thursday,
August 3, 2023 Dow: 35,235.18 |
Former President Trump flies to Washington for a soft arrest... no
handcuffs, no mugshots, no bail... then flies back to Bedminister NJ spouting
insules, imprecations and conspiracy theories all the while (See above).
Global gas and grain prices soar as Saudis raise the price of oil and
refineries close due to heat and the Russians destroy forty million tons of
Ukraine grain destined for starving Africa and Putin’s African summit
collapse – Kenya says the dictator stabbed them in the back. US
evacuates embassy in Niger after coup and evacuates everybody from anarchic Haiti
as the undeterred Kenyans propose to lead an international task force to sort
things out.
Pills pulled include Ozempic and Mounjaro for causing “stomach
paralysis” and the Tydeny birth control medications for just being useless. |
|
Friday,
August 4, 2023 Dow: 35,095.62 |
Pundits and pirates, pollsters, politicians
and the media crawl over one another to explain the Third Indictment (which
replicatd the first two and will be continued... later). After an episode of whining in the rain,
Djonald UnImprisoned flies off to Alabama to raise money and curse the
government – but allowing that the Fourth Indictment will seal his victory.
Social media influencer Kal Cehat sets off riots in NYC by promising
to hand out free videogames. Many of
the rioters come armed and ready for arson and looting, so Cehat is hauled
off to jail.
More of the same old inflicted on Don Jones (the weather... hot), the
economy (hotter, too – unemployment drop to 3.5% has the Fed sharpening
knives for interest rate hikes) and the war (Ukrainian drones strike Russian
ships in the Black Sea). President Joe
warns Bad Vlad not to provide NoKo with weapons of mass destruction and
deploys troops to protect commercial shipping from Iranian pirates.
Going into the weekend, “Barbie” has 900,000 Tik Tok views, and a box
office gross of $900,000 - but the Mega Millions lotto has a prize of $1.5 billion for next Tuesday. The mob, meanwhile, is bedazzled by the
prospect of a bear in a Chinese zoo really being a man in a bear suit. |
|
Saturday,
August 5, 2023 Dow: (Closed) |
Former President Trump declares he’ll “come after” accusers and the Department of Justice
warns him not to intimidate any witnesses (most of whom are skulking about
the White House already).
Diplomacy falls on its face when the Chinese and Saudis hold a summit
on the Ukraine war with forty other nations... but not Russia. The Writers’ Guild talks collapse and the
strike goes on – so Don Jones is preparing for a season of reruns, reality
shows and infomercials.
Maybe it’s the heat, but weird, violent incidents are everywhere... a
77 year old road rager beats an 85 year old man to death for “brushing” his
car, a SoCal judge, Jeffrey Ferguson, murders his wife (but gets bail, since
he’s a judge), a New York homophobe stabs a professional dancer to death for
dancing in the street, a golfer’s celebratory hole-in-one photograph is used
by cops to arrest him on an old, cold case killing.
Russian dissident Victor Navalny predicts he’ll get another 18 years
added to his sentence for disrespecting the government. He gets 19, |
|
Sunday,
August 6, 2023 Dow: (Closed)
|
Sporty
Saturday sparkes a Swedish disappointment – disputed penalty kick kicks
America out of the World Cup. In
better news, youngsters Coco Gauff triumphs and qualifies for the U.S. Open while
gymnast Simone Biler returns from two years’ medical leave to qualify for the
2024 Olympics. And in a further demonstration of girl
power, “Barbie” tops the billion box office mark, making director Greta
Gerwig the first female to break through that cash ceiling. Trump indictment contributors and coroners
hit the Sunday talk circuit: latest attorney John Lauro says the indictment
is President Joe’s plot to steal the 2024 election and any mistakes are to be
blamed on Trump’s older attorneys, sub one-percent candidate Gov. John@
Burgum gets his fifteen minutes (more like three) pledging to fight Mexican
migrants and Chinese drugs... asked about America, ghosts Trump and boasts
about all the money he made in the private sector. Djonald MisDirecting tells harried K-Mac to
“do something” about Hunter Biden as Jack Smith tells his attorneys to muzzle
the Exile before he starts another riot.
MAGAmen heckle Mike Pence. |
|
Better than average job and wage gain, coupled with a stellar week for
women (Tauresi, Gauff, Biles and, of course, Barbi) minus a distressing spike
in Americans buying foreign (ie Chinese) things and running up debts to
result in the third straight week of a small gain for the Don. |
|
CHART of CATEGORIES w/VALUE ADDED to EQUAL BASELINE of 15,000 (REFLECTING… approximately… DOW JONES INDEX of June 27, 2013) See a further explanation
of categories here… ECONOMIC INDICES (60%)
|
SOCIAL INDICES (40%) |
|||||||||||
ACTS of
MAN |
12% |
|
|
455 |
|||||||
World
Affairs |
3% |
450 |
8/7/23 |
-0.1% |
8/21/23 |
451.70 |
451.25 |
Pope Francis (86) celebrates World Youth Day in
Portugal. Killer floods strike China,
typhoon hits Japan. Canada PM Justin
Trudeau and wife divorcing. |
|||
War and terrorism |
2% |
300 |
8/7/23 |
+0.1% |
8/21/23 |
291.31 |
291.60 |
Suicide bomber kills 55 in Pakistan. US evacutes embassy in Niger due to civil
war... Putin’s Africa summit a dismal failure and a maddened Mad Vlad bombs Ukrainian
blood transfusion center to retaliate for attacks on ships in the Black Sea. |
|||
Politics |
3% |
450 |
8/7/23 |
+0.1% |
8/21/23 |
478.58 |
479.06 |
Sec State Blinken warns Russia not to use the Black Sea
for blackmail as the Marines are deployed to protect U.S. shipping from
Iranian pirates. Senate pressured to
name 8/1 Gold Star Children’s Day. |
|||
Economics |
3% |
450 |
8/7/23 |
-0.1% |
8/21/23 |
430.47 |
430.04 |
Unemployment down (bad, says Fed) and USA credit
rating downgraded despite 187,000 new jobs added. Freight company Yellow goes bankrupt. Global grain prices rise as Russia destroys
40M tons. DoorDash makes record
profits, but stocks are down due to Fed and heat. |
|||
Crime |
1% |
150 |
8/7/23 |
-0.2% |
8/21/23 |
253.01 |
252.50 |
Social media hoax sparks NYC riots. $16M jewel heist at Paris Piaget
store. AI scammers want you to say “yes”
on their telemarketing and seize your bank account but the FCC is cracking
down on auto warranty robocall fraudsters.
Two US sailors sell out their country for $5,000 from Chinese spies. SoCal Judge Jeffrey Ferguson murders wife,
gets bail. |
|||
ACTS of
GOD |
(6%) |
|
|
||||||||
Environment/Weather |
3% |
450 |
8/7/23 |
+0.1 |
8/21/23 |
403.92 |
404.32 |
Coast to coast Heat Dome swelling and heating stuff
up, but Phoenix finally drops into
comfortable 100s and the monsoon season is on its way; rest of the country
(and the world) either swelters or drowns or... from New York City to
Montana, gasps and coughs as the smoke from 1,000 active wildfires wafts on. |
|||
Disasters |
3% |
450 |
8/7/23 |
-0.1% |
8/21/23 |
435.04 |
434.60 |
Daredevil climber mounts 68 story building in Hong
Kong. The Devil wins this one. Out of control car on 42nd St,
NYC, rams ten. Woman fights off serial
rapist to escape concrete cell in Oregon.
Trains, planes and automobiles dealing with the usual trouble... add
the ships at sea - American boaters killed in Long Beach, Ca. and Italy, and
a school bus crash that injures 30, 7 critically, in Idaho. |
|||
LIFESTYLE/JUSTICE
INDEX |
(15%) |
|
|
||||||||
Science,
Tech, Educ. |
4% |
600 |
8/7/23 |
+0.1 |
8/21/23 |
632.87 |
633.50 |
Kids going back to school - spending up from 117 to
135B ($890 per kid, helped out by tax free days in some states. President Joe reverses Trump, sending Space
Command to Colorado instead of Alabama (retribution for Sen. Tuberville’s
military meddling?). |
|||
Equality
(econ/social) |
4% |
600 |
8/7/23 |
+0.6 |
8/21/23 |
614.23 |
617.92 |
Wonderfun week for women as Greta Gerwig@ becomes
first billion dollar baby for directing “Barbie”, Simone Biles and Coco Gauff
qualify for Olympics and the U.S. Open and, despite losing by an inch,
American soccer women draw new attention to the sport (as might translate to
better pay?). Then again, fat singer
Lizzo accused of fat shaming her fat dancers. |
|||
Health |
4% |
600 |
8/7/23 |
-0.3% |
8/21/23 |
472.50 |
471.08 |
Researhers say one (alcoholic) drink a day KILLs you
as hydrators die of “water intoxication”.
Toxic Doritos nacho chips recalled.
Ozempic and Mounjaro accused of causing “stomach paralysis”. Plague creeping back, up 12%. Typhus, too. And, in Florida, leprosy. Hyundai and Kia recall 92,000 cars that
catch fire, Tesla accused of having bad steering systems, |
|||
Freedom and
Justice |
3% |
450 |
8/7/23 |
+0.2% |
8/21/23 |
470.11 |
471.05 |
Pittsburgh synagogue shooter gets death. NYC stabber of gay dancer arrested and will
face trial, as will the 75 year old road rager who beat an 85 year old to
death and a cold case ace as hole in one photo exposes killer golfer to
justice for an old murder. |
|||
MISCELLANEOUS and
TRANSIENT INDEX |
(7%) |
|
|
|
|
||||||
Cultural
incidents |
3% |
450 |
8/7/23 |
+0.1% |
8/21/23 |
502.29 |
502.79 |
US World Cuppers tie Portugal 0-0 to advance to the
knockout round where they are knocked out by Sweden on a disputed penalty
kick in a Girl Power week... WNBA’s
Diane Taurasi gets 10,000th point.
Taylor Swift ends tour w/ $155M revenues, gives a million to her road
crew, Beyonce concert interrupted by severe weather. Conference between Hollywood talent and
suits collapses. RIP: Actors
Paul (Pee Wee Harman) Reubens, Angus (“Euphoria”) Cloud and Mark (Breaking
Bad”) Margolis. |
|||
Misc.
incidents |
4% |
450 |
8/7/23 |
-0.3% |
8/21/23 |
485.25 |
483.79 |
Barbie’s billion beaten by 1.5 B lotto jackpot,
still open. Bad animals: 20 year old attacked by Cougar in Olympic National
Park. Wolves from Mexico prowl the
Southwest without green cards – cattlemen enraged. And then, of course, the sharks – two
friends, surfers, bitten on different days by (presumably) different sharks
in the 101° sharkbite capital of America... Volusia County, Florida, |
|||
|
|
|
|
|
|
|
|
||||
The Don Jones
Index for the week of July 31st through August 6th, 2023 was UP 6.67 points
The Don Jones Index is
sponsored by the Coalition for a New Consensus: retired Congressman and
Independent Presidential candidate Jack “Catfish” Parnell, Chairman; Brian
Doohan, Administrator. The CNC denies,
emphatically, allegations that the organization, as well as any of its officers
(including former Congressman Parnell, environmentalist/America-Firster Austin
Tillerman and cosmetics CEO Rayna Finch) and references to Parnell’s works,
“Entropy and Renaissance” and “The Coming Kill-Off” are fictitious or, at best,
mere pawns in the web-serial “Black Helicopters” – and promise swift, effective
legal action against parties promulgating this and/or other such slanders.
Comments, complaints,
donations (especially SUPERPAC donations) always welcome at feedme@generisis.com or:
speak@donjonesindex.com.
ATTACHMENT ONE – From
the New York Times
The Trump Jan. 6 Indictment,
Annotated
Former
President Donald Trump has been indicted on four criminal counts over his
attempts to overturn the 2020 election. We annotated the indictment to help you
better understand the charges.
By Charlie Savage and Adam Goldman Aug. 1, 2023
The Justice Department unveiled an indictment
on Tuesday charging former President Donald J. Trump with four criminal counts.
They relate to Mr. Trump’s attempts to overturn the results of the 2020 election,
which culminated in the Jan. 6 attack on the Capitol by a mob of his
supporters.
1 count
Conspiracy to defraud the United States
The charge against Mr. Trump details the
various methods he and co-conspirators used to try to overturn the results of
the 2020 election.
2 counts
Related to efforts to obstruct the vote
certification proceedings
Mr. Trump faces two charges involving the vote
certification proceedings at the Capitol on Jan. 6, 2021: one of obstructing
that process and one of conspiring to do so.
1 count
Conspiracy to violate civil rights
Related to Mr. Trump’s attempts to reverse
election results in states with close elections in 2020.
The New York Times annotated the document.
ATTACHMENT TWO – From
the Washington Post
HERE ARE THE FOUR JAN.
6 CHARGES AGAINST TRUMP AND WHAT THEY MEAN
By Rachel Weiner Updated August 2, 2023 at 12:51 p.m.
EDT|Published August 1, 2023 at 6:38 p.m. EDT
Former
president Donald Trump has been charged with conspiring
to defraud the United States, conspiring to obstruct an official proceeding,
obstructing a congressional proceeding and conspiracy against rights in
connection with what prosecutors allege was a plan to overturn the results of
the 2020 presidential election. Here’s what that means.
What are the charges?
Conspiracy to defraud the U.S. government:
Conspiracy is a catchall crime covering any scheme between two or more
people to break federal law or defraud the U.S. government. Conspiracies don’t
need to be successful to be criminal, and perpetrators can be held responsible
if they join the conspiracy at any stage.
In
this case, prosecutors allege Trump conspired with six others to
“overturn the legitimate results of the 2020 presidential election.” The
co-conspirators are not named — nor are they charged — but five of the six
descriptions match attorneys Rudy Giuliani, John Eastman, Sidney Powell and
Kenneth Cheseboro and Justice Department official Jeffrey Clark. The sixth is
described as a political consultant.
Trump Jan. 6 indictment
The indictment says Trump attempted to
overturn the election results in myriad ways: by pushing state officials in
certain swing states that broke for Biden to ignore the results and take steps
to make Trump the winner; by organizing slates of “fake electors” who falsely certified that Trump had won seven
states; by pushing the Justice Department to endorse the false claims of
election fraud; by pressuring Vice President Mike Pence to change the election
results; and by exploiting the violent riot on Jan. 6 to try to keep lawmakers
from confirming of Biden’s victory.
Jack Smith announces new Trump indictment
Prosecutors will have to prove deceit was used
to undermine or interfere with the work of the federal government. The
indictment repeatedly says that Trump knew his fraud claims were false, having
been told by campaign staff, White House officials and state government
representatives that there was no evidence for them. He is specifically accused
of lying to the Georgia secretary of state about supposed ballot
tampering after being told by the Justice
Department that it never happened. Giuliani is accused of lying to the
crowd at Trump’s rally on Jan. 6, falsely claiming that five state legislatures
had written “begging” for a review of their election results. Giuliani is also
accused of telling the Arizona House speaker there was enough evidence of fraud to
justify switching the state’s votes from Biden to Trump; eight days later
Giuliani allegedly admitted, “We don’t have the evidence, but we have lots of
theories.” And multiple conspirators are accused of falsely reassuring people involved
in the fake electors scheme that the certificates claiming Trump won those
states would only be used if litigation succeeded in changing the results.
Conspiracy to obstruct an official
proceeding: For the same conduct used to charge him with conspiracy, Trump
is charged specifically with conspiring to obstruct the congressional
confirmation of Biden’s victory on Jan. 6. Included as evidence is that
Trump in his speech that morning “directed the crowd in front of him to go to
the Capitol as a means to obstruct the certification and pressure the Vice
President to fraudulently obstruct the certification.”
Obstruction of an official
proceeding: Trump is also charged with a substantive obstruction count for
attempting to block Congress from confirming Biden’s victory on Jan. 6. The
same charge is the most common felony charge used against rioters who stormed the U.S.
Capitol. The U.S. Court of Appeals for the D.C. Circuit has split on how to define this crime, but a majority of judges who have weighed in
agree that at least some conduct at the Capitol counts as illegal obstruction.
The dissenting judge, Gregory Katsas, argued
that the crime had to include tampering with documents. Prosecutors allege
Trump committed the crime in part by orchestrating the creation of fake
election certificates and trying to get Congress to accept them, as well as by
pressuring the Justice Department to send out a letter falsely claiming there
were problems with the vote in Georgia or other states.
Conspiracy against rights: This charge
criminalizes any joint effort to “injure, oppress, threaten, or intimidate”
people to stop them from enjoying their constitutional or federal rights. It
was passed after the Civil War,
when White vigilante groups such as the Ku Klux Klan were terrorizing Black southerners who sought to vote or otherwise enjoy their
rights under the 13th, 14th and 15th amendments. Its use was limited for many
decades by Supreme Court decisions, but prosecutors brought the charge in
the 20th century in cases involving racist attacks on civil rights
activists and ballot-box stuffing. It was also used against a Nixon aide who authorized the burglary of a psychiatrist’s office after the
Pentagon Papers leak. Here, prosecutors argue Trump conspired to stop people from
exercising “the right to vote, and to have one’s vote counted.” They must prove
that was Trump’s intent.
What kind of sentence does he face?
Conspiracy to defraud the government is punishable
by up to five years in prison. Conspiracy to obstruct an official proceeding
and obstructing an official proceeding are both punishable by up to 20 years in
prison. The civil rights law carries a sentence of up to 10 years in prison —
unless the crime involves murder, rape or kidnapping (successful or attempted),
in which case the maximum punishment is the death penalty. Prosecutors are not
arguing that Trump’s actions led to any of the deaths that occurred during or
after the Jan. 6 attack.
Technically, each conviction
could be sentenced with consecutive terms, leading to decades-long sentences;
in practice, federal sentences are almost never as high as the maximum possible
penalty. Defendants who plead guilty get credit for acceptance of responsibility.
Judges also consider criminal history and the personal characteristics of each
defendant, including age and health.
There are no mandatory minimum sentences for
any of these crimes.
ATTACHMENT THREE – From
the Guardian UK
FINALLY, 30 MONTHS AFTER LEAVING OFFICE IN DISGRACE,
TRUMP MUST FACE THE MUSIC
The
latest indictments – for trying to overturn the 2020 election – mean a
reckoning for the man who led chants of ‘lock her up’
Lloyd
Green Tue 1 Aug 2023 18.43 EDT
Amid the Hollywood writers’ strike, Jack Smith, the special
counsel, delivered a jolt of real-life drama. Late Tuesday afternoon, he
dropped a four-count, 45-page conspiracy indictment on Donald Trump for his efforts to subvert the outcome of
the 2020 presidential election. Six other unnamed conspirators also appear in
the text. The charges go to the heart of our constitutional system.
“Despite
having lost, the Defendant was determined to remain in power,” the indictment charges.
“So for more than two months following election day … the Defendant spread lies
that there had been outcome-determinative fraud in the election that he had
actually won. These claims were false, and Defendant knew that they were
false.”
If
convicted, the 77-year-old former president could face years in jail and
possibly die in prison. But let us not get ahead of ourselves.
In
the interim, he towers over the Republican field with the support of a majority
of the party’s voters. College grad or blue-collar, it makes little difference. The Republican party belongs to him. He did
not fade after two earlier indictments. Rather, his grip on the Republican
party tightens. He has pledged to run even if convicted and from behind bars.
Cloaked in the aura of seeming
inevitability, Trump holds a 37-point lead over
Ron DeSantis, his closest rival. With a half-year to go before the first
nominating contest, Florida’s thuggish and humorless governor has burned
through millions of dollars. His campaign reset resembles a cry for help. He is
down to 17 points in the polls and falling.
When
you’re a presidential candidate who is forced to fire people for posting Nazi-symbols, it doesn’t inspire confidence. Likewise, if
you’re busy looking for slavery’s upside or dangling the possibility of appointing RFK Jr as head of the FDA or CDC, national politics is not where you belong.
Past
candidates have bounced back from edges of the abyss. Here, the late John McCain’s
run in 2008 comes to mind. After squandering an early lead, he demonstrated
under-appreciated tenacity. But DeSantis is no McCain. He is not fun. Rather,
“mean”, “petty” and “dull” are the words that best do justice to the latest
iteration of Florida Man.
All
that having been said, obstacles in the form of nearly-endless legal
proceedings will likely complicate Trump’s political path and life. Just days
before Tuesday’s indictment, the government leveled new and serious allegations
against him in the already pending documents case.
According
to federal prosecutors, Trump and two aides schemed to delete Mar-a-Lago
surveillance video in a bid to stymie Smith’s investigation. To say the least,
it’s not a good look.
“It
seems like you know you’re committing a crime if you’re having an employee
delete security camera footage,” declared Will Hurd, the ex-Texas congressman and
long-shot Republican contender. Chris Christie, former New Jersey governor and
federal prosecutor, branded Trump a “one-man crime wave.”
Reality
check: Christie is at low-single digits; Hurd is at a fraction of a percent. As
the song goes, “freedom’s just another word for nothing left to lose.”
By
contrast, the rest of the Republican field remains studiously quiet. DeSantis
refuses to say whether Trump’s indictments disqualify him from running, and
does not rule out issuing a pardon.
The
latest indictment adds to Trump’s considerable legal woes. Between the race for
the Republican presidential nod and his considerable troubles, Trump’s dance
card is looking full. His legal bills are already straining the resources of his Save America political action
committee. He is spending more than he rakes in. He is still two months away
from a full-blown trial in a nine-figure action.
In
October, the New York attorney general’s $250m civil suit against the Trump
Organization and Trump individually begins. On 15 January 2024, Iowa
Republicans will caucus, and the second E Jean Carroll defamation case
commences.
Then
come the criminal cases against the backdrop of nomination season. Next March,
Trump is slated to be tried in Manhattan in connection with alleged hush-money
payments to Stormy Daniels, the adult film star. Two months later, in late May,
he is scheduled to go on trial in Florida for his alleged mishandling of
government documents. Expect Melania Trump to be a no-show at both trials.
Whether
Trump is convicted and how his base reacts are the tests of his staying power. At
the moment, Tim Scott, South Carolina’s junior senator, is receiving well-deserved attention. He is sober and measured, in stark contrast
to Trump and DeSantis. He is also a people person.
Still, Scott’s appeal beyond the Republican donor
class appears limited. In his home state, he barely cracks double-digits,
running fourth. In Iowa, he is running a distant third. Practically speaking,
he represents a real threat to DeSantis but is a logical running mate for the
former guy. A Trump conviction might shake things up but that is no certainty.
Trump
once led chants of “lock her up”. Now he’s a perpetual defendant. Beyond that,
each time he speaks, he provides prosecutors with fresh targets. Discipline is
not his strong suit.
Trump
is set to be arraigned on Thursday. At this rate, he stands to be the first
nominee out on personal recognizance on four separate indictments, in four
different jurisdictions. Possible indictment in Georgia looms. The 2024
election will be one for the ages. Regardless of the outcome, the US may never
be the same.
·
Lloyd Green is an attorney in New York and
served in the US Department of Justice from 1990 to 199
ATTACHMENT FOUR – From
the New York Times
A
conviction on this charge would be punishable by up to five years in prison.
Congress enacted this statute after the Civil War to go after white
Southerners, including members of the Ku Klux Klan, who used terrorism to
prevent formerly enslaved African Americans from voting. But in a series of
20th-century cases, the Supreme Court upheld an expanded application of the statute
to election fraud conspiracies, like ballot box stuffing. Essentially, Mr.
Trump, who baselessly said Mr. Biden's narrow victories in swing states like
Georgia and Arizona were rigged, is himself accused of trying to rig the
electoral outcome in those states in his favor.
—
Charlie Savage
Produced by Charlie Smart and Molly Cook
Escobar
Our
Coverage of the Capitol Riot and its Fallout
The
Events on Jan. 6
·
Timeline: On Jan. 6, 2021, 64 days
after Election Day 2020, a mob of supporters of President Donald Trump raided
the Capitol. Here is a close look at how
the attack unfolded.
·
A Day
of Rage: Using thousands of videos and police radio communications,
a New York Times investigation reconstructed
in detail what happened — and why.
·
Lost
Lives: A bipartisan Senate report found that at least seven
people died in connection with the
attack.
·
Jan. 6 Attendees: To many of those who attended the Trump
rally but never breached the Capitol, that date wasn’t a dark day for the
nation. It
was a new start.
Inquiries
and Other Developments
·
Donald Trump’s
Indictment: The former president was
indicted on Aug. 1 after a sprawling federal
investigation into his attempts to cling to power after losing the presidency.
The indictment accused him of defrauding the United States, obstructing an
official government proceeding, depriving people of a civil right and
obstructing or attempting to obstruct an official proceeding.
·
Senate
Report: Democrats on the Senate Homeland Security Committee released
a scathing report that detailed how the
F.B.I., the Department of Homeland Security and other agencies repeatedly
ignored, downplayed or failed to Fox
warnings of violence before the Jan. 6 attack.
·
Oath
Keepers Trial: Stewart Rhodes, the leader of the far-right militia, was
sentenced to 18 years in prison for his conviction on
seditious conspiracy charges for the role he played in helping to mobilize the
pro-Trump attack on the Capitol.
·
Proud
Boys Trial: Four members of the Proud Boys, including their former leader
Enrique Tarrio, were
convicted of seditious conspiracy for plotting to keep Trump
in power after his election defeat.
ATTACHMENT FIVE – From
the WashPost
HERE ARE THE TRUMP CO-CONSPIRATORS DESCRIBED IN THE
DOJ INDICTMENT
By Holly Bailey, Josh Dawsey, Jacqueline
Alemany, Rachel Weiner, Amy B Wang and Isaac Arnsdorf
Updated August 1, 2023 at 11:30 p.m.
EDT|Published August 1, 2023 at 7:03 p.m. EDT
2. John Eastman
In criminally charging
former president Donald Trump for his efforts to reverse
his 2020 election loss, federal prosecutors allege that Trump enlisted six
co-conspirators to “assist him in his criminal efforts to overturn the
legitimate results of the 2020 presidential election and retain power.”
The co-conspirators were not
charged on Tuesday and are not named in the indictment, but five of them can be
identified using the detailed descriptions provided by prosecutors. Here’s what
we know about them:
Rudy Giuliani
Rudy Giuliani during a news conference in
November 2020. (Sarah Silbiger for The Washington Post)
The indictment describes “Co-Conspirator 1” as
an attorney “who was willing to spread knowingly false claims and pursue
strategies” that Trump’s 2020 reelection campaign would not pursue. Giuliani
served as Trump’s personal attorney and was central to efforts by the Trump
team to overturn Joe Biden’s 2020 election victory.
A former federal prosecutor and celebrated New
York mayor who was regarded as a national hero in the aftermath of the 9/11
terrorist attacks, Giuliani spearheaded bogus legal challenges in key
battleground states, including Michigan and
Georgia, promoting unsupported claims of vast
election fraud. He continued to do so even as many state and federal officials
— including William P.
Barr, Trump’s own attorney general — disputed
those claims.
Among other things, the indictment says that
Trump turned to this co-conspirator to echo false claims of election fraud when
his own advisers told him that he had lost the vote count and that both knew
they were making false claims as they sought to “impair, obstruct and defeat”
the 2020 election results, including by putting pressure on Republican
lawmakers in key battleground states.
How the 2020 election landed Rudy Giuliani in
legal jeopardy
The indictment alleges this co-conspirator privately
acknowledged he had no proof for the claims he was making. “We don’t have the
evidence, but we have lots of theories,” he allegedly told one Arizona lawmaker
who demanded proof of illegal votes in that state, according to the indictment.
These claims prompted concern from Trump
campaign staffers, according to the indictment. When the co-conspirator claimed
Pennsylvania had counted more absentee ballots than it had sent out, a campaign
staffer sent an internal email saying the claim was “just wrong” and “there’s
no way to defend it,” according to the indictment.
Ted Goodman, political adviser and spokesman
for Giuliani, said in a statement that the indictment criminalizes the act of
“daring to ask questions about the 2020 election results.”
“Every fact Mayor Rudy Giuliani possesses
about this case establishes the good faith basis President Donald Trump had for
the actions he took during the two-month period charged in the indictment,”
Goodman said.
John Eastman
“Co-Conspirator 2” was an attorney “who
devised and attempted to implement a strategy to leverage the Vice President’s
ceremonial role overseeing the certification proceeding to obstruct the
certification of the presidential election,” according to the indictment.
Eastman, a conservative attorney
who once clerked for
Supreme Court Justice Clarence Thomas, crafted a legal strategy that
involved creating slates of pro-Trump electors in states that Joe Biden won. He
also falsely asserted, without evidence, that Trump lost Georgia in part
because 66,000 underage people and 2,500 convicted felons had voted in the
state that year.
Some of those allegations surfaced in a
lawsuit Trump filed to overturn the Georgia results. The indictment says this
co-conspirator acknowledged in an email that he and Trump had “been made aware
that some of the allegations (and evidence proffered by experts) has been
inaccurate.” But the claims remained in the lawsuit. The indictment also
details phone calls the co-conspirator made to state officials and Republican
National Committee Chair Ronna McDaniel, in which he “falsely represented” that
the alternate electors’ votes would only be used if ongoing litigation changed
a state’s results. Even as he made those claims, this co-conspirator wrote a
memo suggesting Vice President Mike Pence could throw out votes in states with
disputed electoral slates and gavel “Trump as re-elected,” according to the
indictment.
Charles Burnham, Eastman’s lawyer, said in a
statement Tuesday night that the indictment “relies on a misleading
presentation of the record to contrive criminal charges against Presidential
candidate Trump and to cast ominous aspersions on his close advisors.” Burnham
said Eastman is not involved with plea bargaining.
“[I]f he were invited to plea bargain with
either state or federal prosecutors, he would decline. The fact is, if Dr.
Eastman is indicted, he will go to trial. If convicted, he will appeal,”
Burnham said. “The Eastman legal team is confident of its legal position in
this matter.”
Sidney Powell
The indictment describes “Co-Conspirator 3” as
an attorney whose baseless accusations Trump “embraced and publicly amplified,”
even though he privately acknowledged to others that the unfounded claims of
election fraud sounded “crazy.”
A former federal prosecutor,
Powell became a defense attorney and conservative commentator critical of the
Justice Department after representing a banker
in the Enron scandal. She represented former Trump national security adviser
Michael Flynn when he withdrew a guilty plea after admitting he lied to
the FBI.
Powell came to the Republican National Committee
after the 2020 election with the baseless claim that voting machines had been
hacked to rig the election for Biden. After she aired those falsehoods at
a poorly received news
conference, the Trump campaign distanced itself from her. But she kept filing lawsuits claiming election fraud and airing those
allegations on Fox News. In a White House meeting in
December 2020, Trump considered naming Powell as a special counsel to investigate the
election, an action mentioned in Tuesday’s indictment though Powell was not
formally named in the document. After the Jan. 6, 2021, attack, Powell continued to pursue voting machine data and raise money off election falsehoods. She has since
been sanctioned for misconduct and repeatedly sued for defamation.
Powell told the House Jan. 6
committee that she did not read or
review all the declarations she presented as alleged evidence of election fraud
and argued through an
attorney that “no reasonable person”
would take her claims as fact. She has said in depositions that she still believes
her fraud claims will one day be proved true. An attorney for Powell declined
to comment.
Jeffrey Clark
“Co-Conspirator 4” is described in the
indictment as a Justice Department official who focused on civil matters and
worked with Trump to “use the Justice Department to open sham election crime
investigations and influence state legislatures with knowingly false claims of
election fraud.”
Clark was a mid-level Justice Department
official friendly to Trump’s views on the election — so much so that Trump
considered installing him as acting attorney general. Several former senior
Justice Department officials testified about a bizarre effort by Clark to volunteer
himself and the Justice Department as advocates for Trump’s bogus claims of
massive voter fraud during the election. Clark proposed sending a letter to
officials in key states that said the Justice Department had “identified
significant concerns” about the vote and that the states should consider
sending “a separate slate of electors supporting Donald J. Trump” for Congress
to approve, according to hearing testimony from the House Jan. 6 Committee.
Clark’s actions led to a dramatic
confrontation at the White House on Jan. 3, 2021 — detailed in
Tuesday’s indictment — when senior Justice Department officials told Trump they
would resign — and many other senior officials would also quit — if the
president appointed Clark in place of acting attorney general Jeffrey Rosen,
who was refusing to legitimize the fraud claims. Clark has denied that he
devised a plan to replace his boss, the attorney general, and said all of his
communications after the election were lawful.
The indictment details how other
Justice Department and White House attorneys had rejected Trump’s claims
of election fraud, and the deputy White House
Counsel warned this co-conspirator that if Trump refused to leave office there
would be “riots in every major city in the United States.” According to the
indictment, the co-conspirator responded, “That’s why there’s an Insurrection
Act.”
Clark did not respond to a request for
comment.
Kenneth Chesebro
The indictment states that “Co-Conspirator 5”
was an attorney who “assisted in devising and attempting to implement a plan to
submit fraudulent slates of presidential electors to obstruct the certification
proceeding.”
An appellate attorney who
had studied under and
worked with Harvard Law professor
Lawrence Tribe, Chesebro was the first to suggest that slates of pro-Trump
electors could organize in states
that he lost and be recognized by Congress on Jan. 6. He first Foxd the strategy with a friend representing the
Trump campaign in Wisconsin before
connecting with Eastman, Giuliani and Trump adviser Boris Epshteyn to coordinate across six
more swing states.
The indictment says this co-conspirator
subsequently spoke to an Arizona attorney identified by the Trump campaign as
someone who could assist with the alternate elector plan in that state. “His
idea is basically that all of us (GA, WI, AZ, PA, etc) have our electors send
in their votes (even though the votes aren’t legal under federal law — because
they’re not signed by the Governor); so that members of Congress can fight about
whether they should be counted on January 6,” the unidentified attorney wrote
in email after the call, according to the indictment. “Kind of wild/creative …
We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’
in Congress can make an objection when they start counting votes, and start
arguing that the ‘fake’ votes should be counted.”
Chesebro has argued that his communications
with the Trump campaign were protected by attorney-client privilege, although
he was never paid for his work. He did not respond to a request for comment.
A political consultant
“Co-Conspirator 6” is described in the
indictment as a “political consultant who helped implement a plan to submit
fraudulent slates of presidential electors to obstruct the certification
proceeding.” Specifically, the indictment alleges that this person
sent Co-Conspirator 1 — Giuliani — an email identifying lawyers in the six
swing states who could assist in the phony elector effort. It claims the person
participated in a conference call about the effort in Pennsylvania and
circulated language for that state’s certificate. On the night of Jan. 6, this
co-conspirator looked for senators’ phone numbers for Giuliani to call in an
attempt to further delay certifying the electoral votes, according to the
indictment. The identity of the sixth conspirator remains unclear.
Amy Gardner, Tom Jackman, Spencer S. Hsu and
Aaron Schaffer contributed to this report.
ATTACHMENT SIX – From
Time
HERE'S WHAT WE KNOW ABOUT THE ALLEGED TRUMP
CO-CONSPIRATORS IN THE JAN. 6 INDICTMENT
BY BRIAN BENNETT AUGUST
2, 2023 1:48 PM EDT
Donald Trump tried to overturn Joe Biden’s win
and stay in power with the help of six co-conspirators, Department of Justice
special counsel Jack Smith alleged on Tuesday as he charged the former
President with four crimes.
The Aug. 1 indictment against Trump describes actions Trump
allegedly took to lie about the level of fraud in the election, pressure
officials to reverse his loss, bring slates of fraudulent electors to Congress
and disrupt the certification of the results in the Capitol Building on Jan. 6,
2021.
But he didn’t do it alone, the indictment
states. He allegedly had help from a core group of outside lawyers, a political
consultant and one mid-level Justice Department official. Smith did not name
the alleged co-conspirators, though he provided plenty of clues.
Why did Trump turn to them? Most of Trump’s
own campaign staff, as well as members of his administration, refused to go
along with his effort to deny the election loss and remain in the White House,
the indictment alleges. Indeed, people at various levels in the federal
government told Trump his claims of election fraud were false, including Vice
President Mike Pence, top Department of Justice leaders, the director of
national intelligence, officials with the Department of Homeland Security, and
senior White House lawyers, as well as senior members of his campaign staff,
and Republican state officials and legislators.
Here’s what we know about the six
co-conspirators' identities based on publicly available information.
Rudy
Giuliani
Rudy Giuliani capitalized on his national name recognition
as a famous former New York mayor and former federal prosecutor to spread false
claims of election fraud.
While not named in the indictment, Giuliani is
likely “co-conspirator 1” who is described as an attorney who was
“willing to spread knowingly false claims” and “pursue strategies” to overturn
the election results that Trump’s own campaign staff would not pursue.
Crucially, the indictment alleges that this
co-conspirator knew the claims of election fraud weren’t backed up by evidence.
At one point, “co-conspirator 1” told an Arizona lawmaker pushing for proof of
election fraud in that state that, “We don’t have the evidence, but we have
lots of theories.” Arizona House Speaker Rusty Bowers described this conversation
with Giuliani while testifying before a House Select Committee investigating
the Jan. 6 attack on the U.S. Capitol last year.
Giuliani was a central player in Trump’s effort to overturn the election
results and disrupt the peaceful transfer of power. On Jan. 6, 2021, as
lawmakers prepared to certify the election results, Giuliani told thousands of
Trump supporters on the National Mall that “trial by combat” was needed to
settle the outcome. Giuliani has described his actions as part of his work
representing Trump and asking questions about the 2020 election results.
John
Eastman
The conservative lawyer John Eastman promoted
the discredited legal theory that Vice President Mike Pence had the authority
to overturn the certified election results, and is likely the person described
as “co-conspirator 2” in the indictment.
Eastman is the founding director of the
Claremont Institute’s Center for Constitutional Jurisprudence and a former
clerk for Supreme Court Justice Clarence Thomas. In the weeks after the 2020
election, Eastman distributed memos to Trump’s circle laying out a strategy for
the Vice President to refuse to accept slates of electors from states Biden had
won and reverse Biden’s electoral victory.
The indictment describes “co-conspirator 2” as
an attorney who “devised and attempted to implement a strategy to leverage the
Vice President’s ceremonial role in overseeing the certification proceeding to
obstruct the certification of the presidential election.” It goes on to say
that co-conspirator 2 acknowledged in an email that some of the allegations put
forward in a Georgia lawsuit to reverse Biden’s win in the state were
“inaccurate.”
One memo co-conspirator 2 wrote suggested
Pence, holding the gavel in the Senate chamber on Jan. 6, could toss votes from
states with disputed slates of electors and declare Trump “as re-elected.”
Pence didn’t have the authority to do this and refused. Eastman has denied
wrongdoing.
Sidney
Powell
Sidney Powell is a former federal prosecutor
and defense attorney who spread baseless allegations on Fox News and other
conservative outlets that voting machines had been hacked in the 2020 election.
Powell is likely the “co-conspirator 3” described in the indictment as an
attorney whose claims of election fraud Trump “embraced and amplified” in
public but in private acknowledged sounded “crazy.”
The indictment describes a White House meeting
in December 2020 where Trump considers naming “co-conspirator 3” to be a
special counsel to investigate the election. When he testified to the House Jan. 6 Committee, Trump’s White
House Counsel Pat Cipollone said he was “vehemently opposed” to Sydney Powell
being named a special counsel. “I didn’t think she should be appointed to
anything,” Cipollone told the Jan. 6 Committee.
Jeffrey
Clark
Jeffrey Clark was a mid-level official
overseeing the Justice Department’s civil division when Donald Trump considered
promoting him to acting attorney general in the weeks after the 2020 election.
According to testimony from Trump Justice Department officials to the House
Jan. 6 Committee, Clark went around his bosses to communicate directly with
Trump and had proposed sending a letter to state officials saying the
department was concerned about the election results and instructing them to
send alternate elector slates to Washington.
Clark is likely the person described in the
indictment as “co-conspirator 4”, a Justice Department official working with
Trump to “use the Justice Department to open sham election crime investigations
and influence state legislatures with knowingly false claims of election
fraud.”
The indictment against Trump describes a
heated meeting in the White House on Jan. 3, 2021, when senior Justice
Department officials told Trump they would resign if he named Clark to replace
Acting Attorney General Jeffrey Rosen, who was refusing to back up Trump’s
fraud claims.
In a chilling episode in the indictment, one
of Trump’s deputy White House counsels warned that if Trump tried to stay in
office, there would be “riots” in major U.S. cities. In response,
“co-conspirator 4” says, “That’s why there’s an Insurrection Act.” The
Insurrection Act of 1807 authorizes the president to deploy the military to put
down civil disorder and rebellion. Clark pleaded the Fifth Amendment to many
questions he was asked by the House Jan. 6 Committee.
Kenneth
Chesebro
Kenneth Chesebro is an experienced appellate
attorney who promoted within Trump’s circle the unfounded idea that slates of
pro-Trump electors from states Trump lost could be sent to Washington and be
certified on Jan. 6.
In the indictment, “co-conspirator 5” is
described as an attorney who assisted in “devising and attempting to implement
a plan to submit fraudulent slates of presidential electors to obstruct the
certification proceeding.” The indictment says an Arizona attorney
described a proposal from “co-conspirator 5” as “wild/creative” that would
involve “sending in ‘fake’ electoral votes to Pence so that ‘someone’ in
Congress can make an objection when they start counting votes.”
“Political
Consultant”
The identity of “co-conspirator 6” is the most
unclear. The indictment describes this co-conspirator as a “political
consultant who helped implement a plan to submit fraudulent slates of
presidential electors to obstruct the certification proceeding.”
After Trump supporters stormed the Capitol
Building, this co-conspirator helped Giuliani look for phone numbers of
senators to call in an effort to delay the certification of electoral votes
even more, the indictment states. The indictment also claims the person gave
Giuliani names of lawyers in six states who might help with the effort to put
together slates of false electors.
Various outside political consultants were in
communication with Trump during the period after the election, but the
indictment does not provide enough information to identify the person described
as a co-conspirator.
ATTACHMENT SEVEN – From Al
Jazeera
TRUMP’S INDICTMENT:
WHO ARE THE SIX CO-CONSPIRATORS IN 2020 ELECTION PROBE?
Six unnamed people have been identified as
‘co-conspirators’ over alleged efforts to help the former US president remain
in power following his loss in the 2020 election.
Published On 3 Aug 20233 Aug 2023
Former United States President
Donald Trump has been criminally indicted for plotting to overturn the results of the 2020
presidential election to cling on to power.
His third criminal indictment since March,
filed on Tuesday by Special Counsel Jack Smith, detailed how the Republican
attempted to obstruct “a bedrock function” of democracy and sought to reverse
his loss to Democrat Joe Biden.
Five key takeaways from Trump’s indictment over US election defeat
Jack Smith, Tanya Chutkan: Key players in Trump’s January 6 indictment
Trump indictment tracker: Where do cases against former US president
stand?
While Smith placed the blame for
the violent assault on the US Capitol on January 6, 2021 squarely
on Trump’s shoulders, prosecutors alleged that he did not act alone.
Six alleged accomplices were identified as
“co-conspirators” by the US Department of Justice for assisting Trump with
everything from fomenting the crowd that stormed the seat of the United States
Congress to intimidating state legislators and spreading false claims of
supposed electoral fraud.
These accomplices have yet to be named as they
have not been formally charged. However, the detailed description in the
indictment regarding their involvement made it possible to identify some of the
likely suspects.
Here is what you need to know about the
possible accomplices and their alleged involvement:
Rudy Giuliani
The former New York mayor, presidential
candidate and member of the former president’s legal team has admitted to being
involved in the litigation.
His actions match those attributed to
“Co-conspirator 1”, described in the indictment as “an attorney who was willing
to spread knowingly false claims and pursue strategies that the defendant’s
2020 reelection campaign attorneys would not”.
He is alleged to have played a
prominent role in spreading unfounded claims of election fraud in the aftermath of the
election when he held rallies in key battleground states that Trump lost.
After the indictment was released, Giuliani
posted a 185-minute live video on the social media platform X – formerly known
as Twitter – calling the charges a “nothingburger” and defending his rallies
under the First Amendment right to free speech.
John Eastman
Law professor John Eastman was identified as
the second co-conspirator for allegedly attempting to provide a legal basis for
Trump’s claim of electoral fraud by manipulating the count of electors to the Electoral
College.
According to the indictment, he “devised and
attempted to implement a strategy to leverage the Vice President’s ceremonial
role overseeing the certification proceeding to obstruct the certification of
the presidential election”.
He is also thought to have suggested
pressuring former Vice President Michael Pence into either disrupting or
delaying the certification process.
Eastman’s lawyer Charles Burnham said the
indictment used a “misleading presentation of the record to contrive criminal
charges against Presidential candidate Trump and to cast ominous aspersions on
his close advisors”.
Sidney Powell
Trump’s political adviser Sidney Powell, or
“Co-conspirator 3”, is alleged to have spread disinformation, claiming “massive
election fraud”.
She is described in the indictment as “an
attorney whose unfounded claims of election fraud the Defendant [Trump]
privately acknowledged to others sounded ‘crazy'”, yet “embraced and publicly
amplified”.
The former federal prosecutor is best known
for the catchphrase “release the Kraken”, widely Foxd after appearing on Twitter. The
reference to the 1981 movie The Clash of the Titans, in which Zeus gives the
order to release a mythical sea monster, was used to signal an election fraud
conspiracy on social media.
In testimony to the congressional committee
examining the January 6 riot, Powell said “no reasonable person” would view her
many claims of election fraud as fact.
Jeffrey Clark
“Co-conspirator 4” is described by prosecutors
as a Department of Justice (DOJ) lawyer who tried to “use the Justice
Department to open sham election crime investigations and influence state
legislatures with knowingly false claims of election fraud”.
Former senior Justice Department officials
testified about efforts by Clark to support Trump’s bogus claims of voter
fraud, including a proposal to send a letter to officials in key states saying
the Justice Department had “identified significant concerns” about the vote.
His actions led to a confrontation at the
White House on January 3, 2021, when senior Justice Department officials told
Trump they would resign if he appointed Clark to replace attorney-general
Jeffrey Rosen, who was refusing to back the fraud claims.
Kenneth Chesebro
“Co-conspirator 5” was a lawyer who “assisted
in devising and attempting to implement a plan to submit fraudulent slates of
presidential electors to obstruct the certification proceeding”.
He is alleged to have devised a plan to send
in fake electoral votes to Pence so that an objection could be raised in
Congress that such votes should be counted.
While there are no records of Chesebro ever
being paid for his work, he has argued that his communications with the Trump
campaign were protected by attorney-client privilege.
Unnamed political consultant
The identity of the sixth co-conspirator
remains unclear. They are described in the indictment as a “political
consultant who helped implement a plan to submit fraudulent slates of
presidential electors to obstruct the certification proceeding”.
The person is said to have participated in a
conference call about the efforts to overturn the 2020 presidential election
results in Pennsylvania.
On the night of January 6, they looked for
senators’ phone numbers for Giuliani to call to delay certifying the electoral
votes.
|
ATTACHMENT NINE – From
the Guardian UK
DONALD TRUMP TO APPEAR IN COURT OVER ATTEMPT TO OVERTURN 2020 US ELECTION
Former
US president, who faces four conspiracy and obstruction counts, will have bail
conditions set on Thursday
·
Donald Trump charged – live updates
·
Trump’s January 6 indictment – key
takeaways
Jon Henley and David Smith and Martin Pengelly Wed 2 Aug 2023 14.49 EDT
Donald
Trump is due to appear in court on Thursday after federal prosecutors indicted the former US president for attempting
to overturn the 2020 election, Democrats welcoming the criminal charges as
Republicans rallied behind him.
Prosecutors
in Washington will outline the four conspiracy and obstruction counts and a
judge will set bail conditions in the latest criminal case involving the
ex-president, weeks after he was charged with putting government secrets at
risk.
In
Trump’s third appearance in a courtroom as a criminal defendant, the magistrate
judge Moxila Upadhyaya will set a schedule for pre-trial motions and
discovery. Both sides are likely later to file motions seeking to shape what
evidence and legal arguments will be permitted at trial, which could be many
months away.
The
former president stands accused of “obstructing a bedrock function of the US
government – the nation’s process of collecting, counting and certifying the
results of the presidential election”.
In
a possible preview of Trump’s defence, his lawyer John Lauro called the
indictment “an attack on free speech and political advocacy”, implying Trump’s
lies about election fraud were protected under the constitutional right to
freedom of expression. Lauro told CNN the indictment was “an effort to not only
criminalise, but also to censor free speech”.
Trump’s
lies fueled a deadly riot by supporters at the US Capitol on 6 January 2021.
The long-awaited charges are the first related to actions taken by an American
president in office – and set up a collision course between
the justice system and a potentially volatile election in November next year.
Many
Republicans – elected officials and voters – have unashamedly backed Trump,
seeking to portray the charges against him as a politically motivated prosecution
and a Democratic plot to derail his re-election bid.
That
pattern largely held after Tuesday’s indictment, which was brought by the
special counsel Jack Smith and filed in federal district court in Washington.
Trump
set the tone on his Truth Social platform: “This unprecedented indictment of a
former (highly successful!) president and the leading candidate, by far, in
both the Republican party and the 2024 general election, has awoken the world
to the corruption, scandal, and failure that has taken place in the United
States for the past three years.”
The
House speaker, Kevin McCarthy, called the indictment an
attempt “to distract from news” about Republican allegations of corruption
involving Hunter Biden, the president’s son, “and attack the frontrunner” to
face Joe Biden next year.
The
Florida governor, Ron DeSantis, Trump’s leading rival for the nomination, said
he had not read the indictment but vowed to “end the weaponisation of the
federal government”.
DeSantis
did not mention Trump by name but promised to “ensure a single standard of
justice for all Americans”, adding: “One of the reasons our country is in
decline is the politicisation of the rule of law.”
The
latest charges mean Trump has been impeached twice, arrested twice and indicted
three times: over attempted election subversion, hush-money payments to a porn
actor, and the alleged mishandling of classified documents.
Despite
the charges – and the prospect of more, over alleged election subversion in
Georgia – Trump leads Republican polling by more than 30 points. Nothing
prevents criminal defendants from campaigning or taking office if they are
convicted.
Strategists
said that while the indictments could help Trump win the Republican nomination,
they could prove less helpful in next year’s election, when he will have to win
over moderates and independents.
Republican
condemnation of Trump was rare. Will Hurd, a former Texas congressman, said
Trump’s presidential bid was “driven by an attempt to stay out of prison and scam
his supporters into footing his legal bills”.
Hurd
added: “Furthermore, his denial of the 2020 election results and actions on 6
January show he’s unfit for office.” If Republicans “make the upcoming election
about Trump, we are giving Joe Biden another four years in the White House”, he
said.
Mike
Pence, Trump’s former vice-president, who refused to bow to pressure not to
certify the election results and fled the mob at the Capitol, said the latest
indictment was “an important reminder anyone who puts himself over the
constitution should never be president of the United States”, adding that
Trump’s candidacy meant “more distractions”.
The
indictment listed several conversations in which Trump attempted to persuade
Pence to delay certification or reject presidential electors. In one call, on 1
January 2021, Trump told Pence: “You’re too honest.”
Most
Republicans, however, backed the former president. The South Carolina senator
Tim Scott claimed that “Biden’s justice department” was “hunting
Republicans, while protecting Democrats”.
Byron
Donalds of Florida, a hard-right Trump ally in the US House, said Trump was the victim of “selective use of … the federal government”
while prosecutors “concoct sweetheart deals for Hunter [Biden], Hillary
[Clinton] and the rest of the Democrat darlings”.
Democratic
reactions reflected the deep divide in US politics. Nancy Pelosi, a former
House speaker who oversaw Trump’s impeachments, said the charges outlined “a
sinister plot”.
The
House Democratic leader, Hakeem Jeffries, and the Democratic Senate leader,
Chuck Schumer, said the indictment “illustrates in shocking detail … a
months-long criminal plot led by the former president to defy democracy and
overturn the will of the American people”.
Noah
Bookbinder, the president of Citizens for Responsibility and Ethics in
Washington, called the latest charges “the most significant [Trump] has yet
faced because they address the most serious offense he committed: trying to
block the peaceful transfer of power and keep himself in office”.
The
case was assigned to the district judge Tanya Chutkan, a former assistant
public defender nominated by Barack Obama.
Chutkan
has handed down prison sentences in January 6 riot cases harsher than
prosecutors recommended. She ruled against Trump in a separate January 6 case,
refusing his request to block the release of documents to a House committee
investigating the attack.
In
a memorable line from her ruling, Chutkan wrote: “Presidents are not kings, and
plaintiff is not president.”
ATTACHMENT TEN – From
Mediaite
‘COINCIDENCE OR
COVER-UP?’ FOX HOST CLAIMS TRUMP INDICTMENT ‘COORDINATED TO TAKE THE HEAT OFF
BIDEN’ IN RANT COMPLETE WITH VISUAL AIDS
By Caleb Howe Aug 2nd, 2023, 12:17 pm
The graphics on the screen said “Coincidence
or Cover-Up?” but the Fox News host in front of those images wasn’t posing a
question but answering it, claiming that “this isn’t a coincidence” and Justice
Department indictments of Donald Trump are specifically “coordinated” to “take
the heat off” of President Joe Biden, in a Tuesday night segment.
Jesse Watters presented a graphic timeline
demonstrating what he said was no coincidental timing, but a coordinated
effort, presumably between the DOJ and the White House directly, to indict
Trump in order to shift the news and attention away from the president and his
son, Hunter Biden, whose criminal charges and collapsed plea
deal have been big news lately and consistently.
Trump was indicted again Tuesday on charges related to January 6, and the explosive development
has Trump and allies on offense, and Hunter Biden’s name coming up a lot.
On Jesse Watters Primetime Tuesday, the host made no
bones about his claim, presenting it as fact that the indictments are designed
to distract from the Bidens.
“The timing of this indictment was coordinated
to take the heat off Biden,” he said. “This is the third time this has
happened.”
He then went through the dates of the last 3
Trump indictments, noting Joe or Hunter Biden stories that took place the day
before. “You ready?” he said as the timeline chart appeared on screen.
On March 17th, Hunter admitted the laptop was
his. And on the very next day, Trump received word Alvin Bragg was indicting
him in New York. On June 8th, an FBI document broke that Ukraine paid Biden a
$5 million bribe. And the next day, on June 9th, Biden’s DOJ indicts Trump on
the Mar-a-Lago documents. Yesterday, on July 31st, a Biden insider told
Congress that Biden spoke with Hunter Biden’s business partners dozens of
times, and Hunter was paid handsomely to get his dad to fire the prosecutor in
Ukraine. And then today, August 1st, Biden’s Justice Department indicts Trump
on January 6 charges. This isn’t a coincidence. Any time Biden’s in trouble,
Trump pays for it and the news cycle flips.
The clip of this timeline caught
on in social media posts from the right.
After presenting that theory, Watters said
that Trump is the most likely to win in 2024, and after pardoning himself will
have no choice but to seek revenge if elected a second time.
“Don’t you think for a second he’s not gonna
unleash hell on all of his political enemies,” said Watters. “This is only the
beginning of politicians putting other politicians and their families in
prison. Sad we had to go down this road but this is where we are and now we
have to finish it.”
Trump then shared a clip of that take on his Truth
Social.
ATTACHMENT ELEVEN – From
the New York Post
2024 Republican candidates take sides as Trump
indicted over 2020 election interference
By David Propper August 2, 2023 12:46am
MORE
ON: DONALD
TRUMP
·
Possible ‘Co-Conspirator 6’ in Trump
indictment trolls Twitter as mystery lingers on
·
Trump could have mugshot taken if
indicted in Georgia: ‘We’ll be ready’
·
Jack Smith hasn’t charged Trump with
the Jan. 6 riots — but he wants to use it as a judicial cudgel
·
Trump thanks backers after new
indictment: ‘Never had so much support’
Some
Republican contenders for the 2024 presidential nomination took former
President Donald Trump to task for his third indictment in four months — this
time over his effort to overturn the 2020 election — while others blasted the Justice
Department’s actions.
Former Vice President Mike Pence took a strong stance
after the four-count indictment accusing his former boss
of making “knowingly false” claims of voter fraud in a desperate bid to
stay in power.
“Today’s
indictment serves as an important reminder: anyone who puts himself over the
Constitution should never be President of the United States,” Pence tweeted.
“Our
country is more important than one man. Our Constitution is more important than
any one man’s career,” he added in another post.
“On
January 6th, Former President Trump demanded that I choose between him and the
Constitution. I chose the Constitution and
I always will.”
Chris
Christie, Trump’s one-time ally who has become one of his biggest hecklers in the crowded GOP field, called the
latest charges “a stain on our country’s history.”
“The
events around the White House from election night forward are a stain on our
country’s history & a disgrace to the people who participated,” the former New Jersey
governor tweeted.
“This
disgrace falls the most on Donald Trump. He swore an oath to the Constitution,
violated his oath & brought shame to his presidency.
GOP
longshot, former Arkansas Gov. Asa Hutchinson, took a similar tone in
criticizing Trump over the fresh federal charges.
“I
have always said that Donald Trump is morally responsible for the attack on our
democracy,” he tweeted. “Now, with today’s indictment, our
system of Justice will determine whether he is criminally responsible.”
Other
candidates, however, were quick to take shots at the Department of Justice and
other federal law enforcement agencies.
Florida
Gov. Ron DeSantis, who is second to Trump in polling among GOP
candidates, vowed in a tweet to “end the weaponization of government,
replace the FBI Director, and ensure a single standard of justice for all
Americans.”
He
said he’s only seen reports about the case against Trump and has not read the
indictment. Still, he said it was important to enact reforms that would include
Americans having the ability to move cases from Washington, DC, to their home
districts.
“Washington,
DC is a ‘swamp’ and it is unfair to have to stand trial before a jury that is
reflective of the swamp mentality,” he wrote. “One of the reasons our country
is in decline is the politicization of the rule of law. No more excuses — I
will end the weaponization of the federal government.”
South
Carolina Sen. Tim Scott expressed his concern about Biden’s Justice Department
and “its immense power used against political opponents.”
“What
we see today are two different tracks of justice. One for political opponents
and another for the son of the current president,” Scott tweeted in reference to Hunter Biden. “We’re
watching Biden’s DOJ continue to hunt Republicans, while protecting Democrats.”
Entrepreneur Vivek
Ramaswamy also took a strong stance against the feds while defending Trump, who
he vowed to pardon over this indictment if elected.
He
then blamed censorship for the ugly scene that unraveled on Jan. 6.
“Donald
Trump isn’t the cause of what happened on Jan 6,” he wrote in a lengthy tweet. “The real cause was systematic &
pervasive censorship of citizens in the year leading up to it. If you tell
people they can’t speak, that’s when they scream. If you tell people they can’t
scream, that’s when they tear things down. If we fail to admit the truth, Jan 6
will just be a preview of far worse to come & I don’t want to see us get
there.”
At
the time of publication, candidate Nikki Haley, the former South Carolina
governor who served as Trump’s ambassador to the United Nations, has yet to
take a side.
Trump
has blasted the charges as politically motivated. He could face up to 55 years
in prison if convicted on all charges.
He
could still run for the White House in 2024 even if found guilty and is
currently the frontrunner to face President Biden in the general election after
losing to the Democrat in 2020.
Trump
has also been indicted on federal charges tied to his storage of classified
documents at Mar-a-Lago and in Manhattan over hush money payments during the
2016 campaign.
ATTACHMENT TWELVE – From
FiveThirtyEight
Will Three Indictments Prove Too Much For Trump's
Campaign?
A
FiveThirtyEight Chat
AUG.
3, 2023, AT 6:00 AM
(Nathaniel Rakich, senior elections
analyst): Unless you’ve been living under a rock, you probably know by now
that federal prosecutors
indicted former President Donald Trump on Tuesday in connection
with his actions to overturn the 2020 election. He has been charged with four counts: conspiracy to defraud the
United States, conspiracy to obstruct an official proceeding, obstruction of
and attempt to obstruct an official proceeding and conspiracy against rights
(specifically, people’s right to have their vote counted).
This
is, of course, the third time this year that Trump has been indicted, and I’m
curious about how voters will receive this indictment in light of the fact that
it’s already happened twice before. Does this indictment compound his problems,
or is it old hat at this point? But first, let’s analyze the specific charges
in this case. How serious are they?
ameliatd (Amelia Thomson-DeVeaux, senior reporter): These are really serious charges that the
prosecutor, special counsel Jack Smith, is framing as an attempt to undermine
American democracy itself. Smith said Tuesday at a
press conference after the charges were made public, “The
attack on our nation’s Capitol on Jan. 6, 2021, was an unprecedented assault on
the seat of American democracy. As described in the indictment, it was fueled
by lies. Lies by the defendant targeted at obstructing a bedrock function of
the U.S. government, the nation’s process of collecting, counting and
certifying the results of the presidential election.”
gelliottmorris (G. Elliott Morris, editorial director of data analytics): Yeah,
Amelia, I think the specific charges are bad — right? I know I wouldn’t want to
be indicted for “conspiracy against rights” or “conspiracy to defraud the
United States.” But moreover, given the amount of previously reported evidence
on Trump’s efforts to overturn the 2020 election both on and before Jan. 6, it
sure seems like a relatively strong case. (Obligatory caveat here: I’m no
lawyer.) The indictment lists over 100 different pieces of evidence and Foxs them across the four counts against
Trump. Honestly, more than anything, I’m really just shocked at the extent of
the efforts by Trump and his co-conspirators to submit those alternative slates
of electors to Congress, and reading the evidence in one document hits
differently than it did when we were all watching these events play out over
two or three months in real time.
nrakich: I agree, Elliott. It felt like we
already knew most of the things in the indictment — for example, we knew about
Trump’s efforts to pressure state officials to overturn the election (remember
his phone call with Georgia
Secretary of State Brad Raffensperger?), and we knew about the fake electors. But the indictment did a persuasive job
weaving them together to form a narrative, and arguing that these weren’t just
shocking news stories — they were potential crimes.
gelliottmorris: Right. So, given that, I wonder what
Trump’s defense is going to be. Perhaps his lawyers will just argue that he was
misled by all these co-conspirators and really did believe the charges? That he
was totally ignorant of contrary information? (Though, again, full disclosure:
I’m a data guy, not a lawyer, so I don’t know if that’s a proper defense. I
somewhat doubt it.)
Which Republican Will Drop Out Of The
2024 Primary First?
ameliatd: Well, it’s important to remember that an
indictment is, by definition, one-sided and not reflective of what will be
presented at trial, where Trump’s attorneys will be able to defend him. And I
wouldn’t expect this to be a slam-dunk case for prosecutors. They face a couple
of significant hurdles, one of which is that, for some of these charges, they
need to prove Trump’s intent. And it can be difficult to establish definitively
what was happening in another person’s mind.
Another
argument that’s also being previewed by Trump’s lawyers is that Trump has a First Amendment
right to say he won the election even if that’s not true.
geoffrey.skelley (Geoffrey Skelley, senior elections analyst): They could also
attempt to claim that Trump really did think the election was fraudulently
determined.
I’m already seeing conservative media
outlets trying to argue that this
sort of prosecution against Trump would have gotten former Vice President Al
Gore in trouble during the contentious 2000 election that featured legal action
that went all the way to the U.S. Supreme Court.
gelliottmorris: I guess the difference with Gore is that
he did not pursue alternative slates of electors after the vote was certified
by the states? Maybe we should have another chat on hanging chads!
geoffrey.skelley: Yeah, among other things. Gore sued for recounts in a handful of Florida counties that
could’ve produced gains for him. Then came weeks of wrangling over whether
recounts could be conducted and, if recounted, whether those results would
count. Eventually, the U.S. Supreme Court put a stop to the recounts and any
chance that Gore might win Florida. But Gore’s actions didn’t involve attempts
to make an end-run around the results in Florida — like allegedly putting
together a group of fake electors or calling a secretary of state to change a
state’s vote totals. Rather, they dealt with how to properly count disputed
ballots there.
nrakich: You mentioned you don’t think this is a
slam-dunk case, Amelia. How would you rate it in comparison to, say, the classified-documents case in terms of risk to Trump? That case
does seem more open and shut (there are photos of classified documents in the
bathroom at Mar-a-Lago!). But it sounds like, if proven, the
charges in this case are more serious? Is that fair to say?
ameliatd: Well, do you mean serious legally or
serious politically? I think they both carry a lot of risk for Trump. The facts
in the classified documents case do seem pretty solid — but again, we don’t
know what Trump’s lawyers’ counterarguments will be. A lot is going to happen
between now and when the two federal cases go to trial, so it feels premature
to say that prosecutors have a winning case.
nrakich: I was thinking legally, but sure, let’s
answer both!
gelliottmorris: I think there are strong dueling theories
on the political impacts of this indictment.
On
the one hand, Trump’s numbers have not moved much in the aftermath of the
previous two indictments. In our (as of now unpublished) average of his
favorability rating among Republicans, Trump was viewed favorably by 73 percent
and unfavorably by 23 percent on the day of his first indictment in New
York in March — a net rating of +50
percentage points. Two weeks after, his net favorability rating among
Republicans had risen to +52 points. (That’s within the margin of error of our
average.) And though his net favorability did sink after the June indictment in
the classified-documents case, the slump was (a) not large and (b) returned him
to his starting position in March!
Trump’s
first indictment may have helped him with Republicans
How
Donald Trump’s net favorability rating among Republicans changed after his two
prior indictments, according to FiveThirtyEight’s average
NET FAVORABILITY |
||||
INDICTMENT |
DATE |
DAY OF INDICTMENT |
TWO WEEKS AFTER |
CHANGE |
Hush money
payments to alleged mistress |
March 30 |
+49.8% |
+52.1% |
+2.3 |
Classified
documents at Mar-a-Lago |
June 8 |
+53.2 |
+49.6 |
-3.6 |
Plot to
overturn the election |
Aug. 1 |
+47.4 |
? |
? |
On
the other hand, maybe Americans view this indictment as more serious than the
previous two. That could be because this case has to do with elections rather
than executive power — which his lawyers may argue gives him the right to Fox classified documents (an untested
theory, to be sure). I’ll be tracking the numbers to see.
nrakich: Yeah, Elliott, I wrote an article yesterday finding exactly that: A
recent YouGov/Yahoo News poll asked whether each
allegation against Trump so far was a serious crime, and the
2020-election-related stuff came out on top:
Americans
view the federal Jan. 6 charges very seriously …
Fox of registered voters who believed each
allegation was a serious crime, according to a July 13-17 poll
ALLEGATION |
% WHO THINK IT’S A SERIOUS CRIME |
Conspiring to overturn the results
of a presidential election |
71% |
Attempting to obstruct certifying
a presidential election |
69 |
Taking
classified documents and obstructing retrieval efforts |
64 |
Falsifying
business records to conceal hush money payments |
50 |
SOURCE:
YOUGOV/YAHOO NEWS
That said, a different poll from the
Associated Press-NORC Center for Public Affairs Research asked whether Americans
thought Trump actually did something illegal in each case, and the Jan. 6 case
actually fell in between the classified documents and the hush-money payments
to Stormy Daniels on that score.
…
But the Jan 6. case may not be Trump’s biggest vulnerability
Fox of U.S. adults who believed Donald Trump
did something illegal in connection with each case, according to a June 22-26
poll
CASE |
% WHO THINK TRUMP ACTED ILLEGALLY |
Classified
documents at Mar-a-Lago |
53% |
Events at the Capitol on Jan. 6 |
45 |
Hush money
payments to alleged mistress |
35 |
SOURCE:
ASSOCIATED PRESS-NORC CENTER FOR PUBLIC AFFAIRS RESEARCH
geoffrey.skelley: To add another layer to what Elliott and
Nathaniel laid out, there’s clearly a potential difference between how all this
affects public opinion within the confines of the GOP presidential primary and
how it could matter in a general election if Trump wins the Republican
nomination.
I
remain skeptical that even more indictments are going to dramatically alter
Trump’s standing in the GOP primary. When it comes to this specific case, more
than 60 percent of Republicans still don’t think
President Biden legitimately won the 2020 election. In other words, Trump’s false claims have a
serious hold on his party’s base, which makes it unlikely that Republicans will
abandon Trump over this indictment. Now, maybe there’s a snowball effect, where
the aggregate charges against Trump cause a significant Fox of GOP primary voters to say, “We need
to go in a different direction.” But Trump gained support in our national primary average after the first indictment and only lost
a little ground (if that) after the second. Why would the third be that much
different?
nrakich: Yeah, I’m going to be watching closely
to see if there is a snowball effect. I think that hypothesis is still very
much on the table: Trump’s first indictment helped him. The second didn’t — and
in fact may have hurt him a bit. Wouldn’t it be consistent with that pattern if
the third one hurts him even more?
Your
points about Republicans believing Trump’s lies about the 2020 election are
well taken, and a strong counterargument. But I’ve been thinking a lot lately
about this 2019 article from FiveThirtyEight contributor Lee Drutman: “If Republicans Ever Turn
On Trump, It’ll Happen All At Once.” I think if Republicans start to abandon
Trump, we won’t have seen it coming.
ameliatd: There’s also the timing of the trials to
consider. The first trial — the one in Manhattan, involving hush-money payments
to an adult-film actress to cover up an affair during the 2016 election —
is slated for late March, when the GOP primary will be in full swing.
And the classified-documents trial is scheduled for May. It’s possible that the GOP nomination might
not be locked up by then, but there’s a distinct possibility that Trump will be
the presumptive GOP nominee by the time that case (and this new one over Jan.
6) goes to trial.
That being said, there’s a reason why Trump wants to push the trials until after the 2024
election. Even if the outcomes are far from a done deal, with each successive
indictment, Trump is running a higher and higher risk of being convicted of a
felony before November 2024.
nrakich: Amelia raises the general election
point, which I think is a totally different ballgame from the primary. I think
a conviction would undeniably hurt Trump’s chances in November 2024 (though it
would by no means guarantee Biden’s election). According to the aforementioned
YouGov/Yahoo News poll, 62 percent of voters believe Trump should not be
allowed to serve as president again if he’s convicted of a serious crime, and
there is lots of other evidence demonstrating that scandals hurt candidates.
geoffrey.skelley: Polls suggest Republicans are least concerned
about the New York case, and that’s the one most likely to be wrapped up first,
right? So I’m not sure any convictions in the more serious cases would happen
in time to affect the primary.
Of
course, it’s also on the other Republican candidates to make the case to
primary voters for why this matters and why they should be voters’ preferred
alternative to a scandal-ridden Trump. Former Ambassador to the U.N. Nikki
Haley has, for instance, said it is all a distraction and bad for the GOP. But then again, few
of the Republican candidates are holding the substance
of Trump’s alleged crimes against him in their critiques, probably because
they worry about alienating Republican voters who aren’t necessarily that
critical of Trump’s actions. Instead, they’re more likely to claim it’s a
“distraction” or an example of weaponizing the Justice Department against
political opponents.
ameliatd: What about the argument that
wall-to-wall media coverage of his trials actually helps Trump? The man does
love free publicity.
nrakich: In the primary or general?
ameliatd: Either one!
nrakich: I think there’s virtually no chance it
helps him in the general. Historically, Trump has fared better in the polls
when he’s out of the news.
geoffrey.skelley: Ha, yes, in 2016 there was a bit of a pattern
whereby the presidential candidate in the news more (former Secretary of State
Hillary Clinton or Trump) tended to see a decline
in their poll numbers.
nrakich: I could see it in the primary, though.
But Trump will also have to contend with the logistical problems that
a trial poses: More time in the courtroom means less time
for campaign rallies. If the GOP primary is still competitive by mid-March or
whenever his first trial starts, he won’t be able to campaign very hard in key
states.
But
also, let’s be real: I would be surprised if Trump doesn’t wrap up the primary
by Super Tuesday (which is March 5 this cycle).
geoffrey.skelley: In light of these indictments, I do think
there’s maybe a chance that some candidates try to hang around longer than they
might have otherwise. Granted, they’ll need money to do that. But that could
push things beyond Super Tuesday, at least technically.
gelliottmorris: For the general election, I think
there’s reason to suspect that this “bad news is bad news” pattern may hold
going forward. Repeating the poll average exercise from earlier, I looked
at Trump’s favorability
numbers among all Americans and
noticed his average unfavorable rating is currently1 at one of its highest points (56.3
percent) since he left the White House in 2021.
Trump’s
second indictment hurt him more among the public
How
Donald Trump’s net favorability rating among all adults changed after his two
prior indictments, according to FiveThirtyEight’s average
NET FAVORABILITY |
||||
INDICTMENT |
DATE |
DAY OF INDICTMENT |
TWO WEEKS AFTER |
CHANGE |
Hush money
payments to alleged mistress |
March 30 |
-14.8% |
-15.2% |
-0.4 |
Classified
documents at Mar-a-Lago |
June 8 |
-13.6 |
-16.2 |
-2.6 |
Plot to
overturn the election |
Aug. 1 |
-15.8 |
? |
? |
SOURCE:
POLLS
And
there appears to have been a real, if modest, inflection point in his net
unfavorable rating when he was indicted in the federal classified-documents
case. What’s good for Trump in the primary may be bad for him in the general —
and whether he ultimately becomes president may matter for his
ability to stay out of jail.
ATTACHMENT THIRTEEN – From
the Washington Post
TRUMP HAS BEEN
INDICTED BEFORE. HISTORIANS SAY THIS TIME IS DIFFERENT.
Scholars say the new charges of attempting to
overturn the 2020 election pose a unique test for the rule of law and go to the
core of the threat to democracy
By Kevin Sullivan August 2, 2023 at 6:00 a.m. EDT
When Donald Trump was indicted in Manhattan in
March, it was the first time in U.S. history that a president or former
president had faced criminal charges.
On Tuesday, it happened to Trump for the third
time in just over four months — and he may face even more charges before the summer is done.
Historians and legal scholars say the new indictment, brought by federal special counsel Jack
Smith, is fundamentally more consequential than the earlier ones, which related
to hush money paid to an adult-film actress and the alleged mishandling of
classified documents.
While those are serious allegations, Tuesday’s
indictment accuses a former president of the United States of attempting to
subvert the democracy upon which the nation rests. And with Trump again running
for the White House, the charges he faces pose an extraordinary test to the
rule of law, experts say.
“This
gets right to the question of how elections work, how power is transferred
peacefully,” said Jon Grinspan, a curator of political history at the National
Museum of American History. “This is really a question about the functioning of
American democracy.”
Laurence Tribe, a Harvard University legal
scholar, said, “The crimes indicted are an order of magnitude beyond anything
that has been committed against this country by any American citizen, let alone
a former president.”
“This is essentially an indictment for an
attempt to overturn the republic and its most crucial process of preserving
democratic governance, the process of peaceful and lawful transition of power,”
said Tribe, who taught Barack Obama and advised his presidential campaign and
administration.
Trump is accused in the 45-page indictment of
trying to overturn the results of an election he lost, partly through his role
in instigating the Jan. 6, 2021, riot at the U.S. Capitol. The indictment also
lays out his efforts to block the peaceful transfer of power — a marker of
stability that has long been admired, coveted and often missing in other
nations.
Scholars said the act of criminally charging
Trump could mark a crucial step in repairing the damage from those actions.
“Just as the tearing down of the Berlin Wall
showed the weakness in the former Soviet Union, the mob on January 6 trying to
use force to overturn the will of voters shocked the world and showed our
democracy’s weakness,” said Rachel Kleinfeld, who studies rule of law, security
and governance at home and abroad for the Carnegie Endowment for International
Peace.
“Now, it’s important to show the strength of our
system by demonstrating that no one, not even a former president, stands above
the law,” she said. “This is more likely to restore a sense that America is
back and our democracy is strong.”
The charges are all the more striking because
Trump is also the leading candidate to be the Republican Party’s presidential
nominee in 2024. If he returns to the White House, Trump would once again
preside over a system of government that prosecutors allege he attempted to
undermine. The dynamic adds substantially to the stakes in next year’s vote.
“Even before the republic was founded, Thomas
Paine wrote that in America the law is king,” said historian and biographer Jon
Meacham. “And if the law is supreme, if no man is above the law, then we have a
constitutional republic. And if any man can be above the law, then we don’t.”
Meacham, who has helped draft speeches for
President Biden and delivered a eulogy at the funeral of former president
George H.W. Bush, a Republican, said the indictment will be a test of whether the
rule of law in America is stronger than partisan politics.
“A real live question for the America of 2023
is: Are we up to democracy?” he said. “Are we commensurate with the challenges
that it poses? Are we willing to make the sacrifices of temporal opinion and
temporal victory in order to preserve a constitutional order?”
Trump has long been accused by his critics of
having autocratic tendencies and a lack of respect for the U.S. Constitution. He
has spoken admiringly of anti-democratic strongmen and dictators around the
world, including Russia’s Vladimir Putin, Hungary’s Viktor Orban and North
Korea’s Kim Jong Un.
Brazil’s former autocratic president, Jair
Bolsonaro, was another Trump favorite. Kleinfeld noted that the Jan. 6 riot
partly inspired Bolsonaro’s supporters to take to the
streets in January over Bolsonaro’s claims that the
country’s 2022 election, which he lost, was stolen from him.
Trump has based his 2024 candidacy largely on
the false assertion that he won the 2020 election, which he lost to Biden. Huge
numbers of his followers and Republican officials say they believe Trump.
A CNN poll in May found that 63 percent of Republicans
think the 2020 vote was illegitimate, and hundreds of Republican
nominees who had denied or questioned the results
of the 2020 contest sought state and federal office last year.
There has been no evidence of widespread fraud
in the election despite dozens of court challenges, recounts and other official
reviews of the voting.
The new indictment transcends chatter on
social media, political speech by rivals or even a congressional inquiry. It is
an official criminal charge being brought by a federal prosecutor in a court of
law after an exhaustive investigation over many months.
Facing such charges is a place where no other
president — former or current — has been.
President Richard M. Nixon was dogged by
investigative journalists and Democratic critics for two years over the
Watergate scandal. But he only resigned in the face of near-certain impeachment
and possible criminal charges.
Trump has pleaded not guilty in both earlier
cases, and he has denied any wrongdoing related to elections or the events
leading up to the Jan. 6 riot.
The former president and his allies have
repeatedly called the prosecution — along with the previous indictments, his
two impeachments, investigations into his dealings with Russia, and even
potential future indictments in a Jan. 6-related case in Georgia — politically
motivated “witch hunts” and “hoaxes.”
After Smith, the special counsel, sent him a
letter two weeks ago informing him he was the target of a criminal investigation,
Trump lashed out on Truth Social, his social media platform.
“Every time you see these Radical Lunatics and
their partners in the Fake News Media talking about the ‘Trials and
Tribulations’ of President Donald Trump, please remember that it is all a
coordinated HOAX, just like Russia, Russia, Russia,” Trump wrote.
He claimed that all of the investigations were
done “in order to STEAL ANOTHER ELECTION through PROSECUTORIAL MISCONDUCT at
levels never seen before in the U.S. Deranged Jack Smith has already spent over
$25,000,000!!!”
To some scholars of U.S. democracy, his
response has only deepened a belief that Trump is undermining the American
system of governance.
“He is fundamentally saying that he is the law
and that anything which brings a law to bear against him undermines what he
perceives as America,” Tribe said. “That’s the very inverse of what most of us
think America is all about. It’s about more than any one person — however
charismatic, however adored by his followers.”
Meacham called it “the vernacular of a
dictator.”
“It’s politically diabolical and road tested,”
he said. “I understand that’s what he would say. But it’s not true. At some
point, truth has to matter. And facts have to matter. And the fact is that if
you took this out of a polarized partisan climate, this wouldn’t even be a
particularly close call.”
Criminal indictments against Trump have become
so frequent that they can begin to feel normal. But they are anything but. His
March 30 indictment in the Stormy Daniels hush
money case marked the first criminal charges
against any current or former president in the 234 years since George
Washington took office.
After that first indictment, several
historians and legal scholars said that landmark showed that no one in the
United States was above the law, not even presidents. But they also cautioned that prosecuting Trump in such divisive
times could lead to politically motivated, tit-for-tat prosecutions of
presidents in the future.
“It would be good for no one to celebrate
accountability for a former president. It’s not something to take joy in,”
Kleinfeld said.
She said accountability was key to reducing
violence and strengthening U.S. democracy.
“Trump keeps hoping that another mob will come
to his rescue,” she said. “He’s called for that in veiled language after his
arraignment in New York and every time there’s a legal action against him.”
But, she said, the vigorous prosecutions of
hundreds of Jan. 6 rioters have left many of those who might have taken to the
streets for Trump angry and scared.
“People are afraid of the consequences,” she
said. “Accountability is quelling the mob.”
ATTACHMENT FOURTEEN – From
Time
TRUMP NOW FACES 3 CRIMINAL CASES. HERE'S THE STATUS OF
EACH
Donald Trump Charged by Justice Department
Over Jan. Role
BY NIK POPLI AUGUST 2, 2023 6:19 PM EDT
Donald Trump this year became the first U.S.
President to be indicted in the nation’s 234-year history—and has since broken
that record twice more.
He has now been charged in three separate
criminal cases related to his business and political activities, and may soon
be charged in a fourth case. The cases are expected to play out over the coming
months, setting up a long string of legal battles that will overlap with next
year’s presidential primaries as Trump runs for President again in 2024.
0:00 / 0:00
In New York, Trump faces 34 felony counts over allegations that he falsified
business records to conceal hush-money payments to a porn star. He’s also
facing 40 felony counts in Florida for allegedly hoarding classified
documents and obstructing the government’s efforts to retrieve them, and four counts in Washington related to his alleged efforts to
overturn the 2020 election. Trump is widely expected to face yet another criminal prosecution in Georgia, where a county district attorney is
investigating the former President’s alleged attempts to overturn the 2020
election result in that state.
Here is a guide to Trump’s criminal cases and
where they stand.
Jan.
6 election case
Federal prosecutors led by special counsel
Jack Smith have accused Trump of trying to overturn the outcome of the 2020
presidential election to falsely claim victory. The investigation into his
efforts to remain in power after losing the election follows the work of
the House Select Committee that investigated the Jan. 6,
2021 attack on the Capitol,
which voted in December 2022 to refer Trump and his attorney John Eastman to
the Justice Department for prosecution.
Smith's prosecutors have alleged that Trump
repeatedly lied about voter fraud, urged Republican state officials to
undermine the results in states that Joe Biden won, assembled false slates of
electors, and pressured Vice President Mike Pence to unilaterally reject the
election results. The wide-ranging effort to hold onto power reached a crescendo
on Jan. 6, when a mob of Trump supporters stormed the Capitol and disrupted the
Electoral College certification.
Charges
A Washington grand jury voted to indict Trump
on Aug. 1, 2023 after hearing months of testimony from his former aides and
Administration officials, including Pence. Trump has been charged with four
crimes in the investigation, including conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstructing an official
proceeding, and conspiracy against rights in connection to alleged attempts to
oppress citizens in their right to vote in an election.
In the 45-page indictment, the Justice
Department accused Trump of repeatedly lying about election malfeasance even
though he knew those claims were false. It alleges that multiple administration
officials told him there was no widespread fraud that would have changed the
election outcome, including Pence, senior DOJ officials, Director of National
Intelligence John Ratcliffe, and senior White House attorneys.
The indictment also details private phone
calls in the days before the Jan. 6 attack between Trump and Pence, who took
“contemporaneous notes” of the conversations, according to the indictment. In
one of them, Trump allegedly told his Vice President he was “too honest"
after Pence said he didn’t have the authority to reject the election results.
By the time Trump’s efforts to override the election had culminated on Jan. 6,
the indictment alleges, Trump exploited the violence refusing to approve a
message directing rioters to leave the building. Yet even after the crowd
dispersed hours later, Trump would not relinquish his claims that the election
was rigged. “The White House counsel called the defendant to ask him to
withdraw any objections and allow the certification,” the indictment says. “The
defendant refused.”
Trump has not yet appeared in court to enter a
plea, but he's expected to plead not guilty. In a Truth Social post published
shortly before the DOJ announced the charges, Trump called the indictment “fake”
and accused Smith of trying to “interfere” with the 2024 election.
Status
Trump has been summoned for his initial court
appearance in the case on Aug. 3 before a magistrate judge in Federal District
Court in Washington. A trial date has not yet been set.
Judge
U.S. District Judge Tanya S. Chutkan was
assigned to oversee Trump’s case in Washington. Appointed by former President
Barack Obama, Chutkan has emerged as one of the toughest jurists in cases
against Jan. 6 rioters and has previously squelched an effort by Trump to use
executive privilege to withhold White House communications from the House
select committee investigating the Capitol riot. “Presidents are not kings, and
Plaintiff is not President,” Chutkan said in her November 2021 ruling. Chutkan will have broad authority over
both the pace of the proceedings and a slew of pretrial litigation, such as
what information can be admitted as evidence.
Classified
documents case
In the other investigation run by Smith’s
team, federal prosecutors have accused Trump of violating the Espionage Act by
illegally holding on to 31 classified documents containing national defense
information after he left the White House in January 2021. Prosecutors also
charged Trump and two others with a conspiracy to obstruct the government’s
repeated attempts to reclaim the classified material from his Mar-a-Lago
resort, where the documents were stored haphazardly. Smith's team claimed that
Trump directed Walt Nauta, one of his personal aides, to move boxes so the FBI
and Trump’s own lawyer would not discover some of the classified material.
Prosecutors say that Trump showed classified documents to individuals who were
not authorized to view them on at least two occasions. One of the meetings
during which Trump allegedly showed off a classified Pentagon document about
attacking Iran was captured in an audio recording, and Trump can be heard
rustling paper and describing the material as a secret. “As President, I could
have declassified, but now I can't,” he said. The classified documents that
Trump allegedly took included White House intelligence briefings,
communications with foreign leaders, assessments of U.S. and foreign countries'
military capabilities, and reports on military activities, prosecutors say.
Charges
Trump faces 40 felony counts in the classified
documents case, of which 32 are related to willful retention of national
defense information in violation of the Espionage Act, while the remaining are
related to obstructing justice and making false statements. Under the Espionage
Act, it is a crime to retain records containing sensitive national security
information.
Trump was charged—along with Nauta—on June 9,
and pleaded not guilty at an arraignment in Miami four days later. (Nauta also
pleaded not guilty to his charges.) Smith’s team unveiled a superseding
indictment on July 27 adding three new felonies against Trump and two new
felony charges against Nauta, as well as a third defendant: Carlos De Oliveira,
a Mar-a-Lago employee who is accused of engaging in a plot to delete security
footage after the government issued a subpoena for it. De Oliveira made his
first court appearance on July 31 and was released on a $100,000 personal
surety bond.
Status
Trump will stand trial in the classified documents
case on May 20, 2024 in Fort Pierce, Florida.
The Justice Department opened its
investigation into Trump’s retention of classified documents in early 2022,
followed by an FBI search of his resort that yielded 102 documents with
classified markings. Special counsel Smith was appointed by Attorney General
Merrick Garland in November 2022 to lead the investigation.
Judge
The case was assigned to U.S. District Judge
Aileen Cannon, a Trump appointee who has a history of issuing rulings that are
favorable to Trump. Last year, she allowed a special master to review evidence
seized from Mar-a-Lago in the classified records probe—an order that was later
reversed by a three-judge federal appeals panel. As the judge, Cannon will have
the authority to determine whether information obtained from Trump’s lawyers
can be admitted as evidence. The trial date Cannon set in May is a compromise
between the prosecutors' wish for December 2023 and Trump's lawyers' request to
postpone it until after the 2024 election.
Hush-money
case
Trump has been accused of falsifying business
records in connection with hush-money payments to Stormy Daniels, an adult-film
actress who claimed she had a sexual encounter with him before the 2016
presidential election. The payments allegedly were made to keep her from
speaking publicly about the affair in the final weeks of Trump’s presidential
campaign. Prosecutors allege that Michael Cohen, Trump’s personal attorney and
“fixer” at the time, paid $130,000 to Daniels in October 2016. Once in the
White House, Trump then allegedly reimbursed Cohen in a series of installment
payments processed by Trump’s business, which prosecutors say were fraudulently
disguised as corporate legal expenses in violation of New York law.
Charges
The charges against Trump in the hush-money case, brought on April 3, include 34 felony counts
of falsifying business records in the first degree. Under New York law,
falsifying business records is usually a misdemeanor but it can become a felony
when there is an “intent to defraud” that includes an intent to “commit another
crime or to aid or conceal” another crime. Prosecutors will have to prove that
Trump is guilty of maintaining false business records with the intent to hide a
$130,000 payment in the days before the 2016 election to cover up an alleged
2006 affair. Manhattan District Attorney Alvin Bragg, who brought the charges,
has said that the alleged scheme was intended to cover up violations of New
York election law, which makes it a crime to conspire to illegally promote a
candidate. He also said the $130,000 payment exceeded the federal campaign
contribution cap. Trump has pleaded not guilty to all the charges.
Status
A trial is scheduled for March 25, 2024,
roughly one year after a Manhattan grand jury voted to indict Trump. The former
President turned himself into authorities in April and was processed as a
criminal defendant, marking the first time in American history that a current
or former U.S. President was charged with a crime. Trump had sought to move the
case to federal court, but a federal judge ruled in July that the case will
remain in state court. Prosecutors and Trump’s defense team are currently
engaged in pretrial evidentiary issues.
Judge
New York Supreme Court Justice Juan M.
Merchan, who oversaw the jury that indicted Trump in the hush-money case, is
also presiding over the criminal proceedings that will follow. The two already
have some history: Merchan oversaw the five-week tax fraud trial of Trump’s
family real estate business, the Trump Organization, which ended in December
with a conviction and $1.6 million in fines. Trump has previously lashed out at
Merchan on social media, declaring that the judge “HATES ME.”
ATTACHMENT FIFTEEN – From
GUK
‘POLITICAL GERM
WARFARE’: RIGHTWING MEDIA FERVENTLY DEFEND TRUMP
Pundits
lined up to compare Trump charges to ‘criminalizing thoughts’ and the dropping
of ‘fifteen dozen’ atomic bombs
Adam Gabbatt Thu 3 Aug 2023 05.00 EDT
After he was indicted for the third time, Donald Trump reacted with his now-standard,
twin-pronged approach: first, expressing outrage and denying the charges, and
second, asking his many loyal supporters for money.
But
the former US president, who faces four charges over his efforts to overturn
the 2020 election, also found defenders among rightwing media in America which
has often fervently defended him, sometimes flying in the face of reality to do
so.
In
the minutes after the Trump indictment was filed in federal district court in
Washington, conservative commentators rapidly scrambled to his defense.
Rightwing pundits lined up to compare the charges to “criminalizing thoughts”
and the dropping of “fifteen dozen” atomic bombs – and that was just on Fox News.
Trump arraignment live: ex-US president arrives
incourtroom to face criminal charges
Rightwing
TV channel Newsmax, which has drained some of Fox News’s audience in recent
months, brought on Rudy Giuliani, an unnamed co-conspirator in Tuesday’s indictment, who railed for
seven minutes about Hillary Clinton’s emails and Biden being a “crooked
president”.
In
America’s rightwing media ecosystem it was a largely united front. News outlets
repeatedly pressed the idea that Trump’s free speech was being criminalized:
that the former president had done nothing more than talk about the election
being stolen.
The
effort, perhaps deliberately, ignored prosecutors’ allegations that Trump had
convened false slates of electors and attempted to block the certification of
the election on January 6.
“This
is like lawfare, they call it,” Jesse Watters, Fox News’s newly-installed
prime-time host, railed in the moments after the indictment was announced.
“Legal warfare. If this was political, this would be, like, a political war
crime. This is overkill. This is political germ warfare. These are political
war crimes. It’s an atrocity. It’s, like, not just dropping one atomic bomb,
you drop 15 dozen.”
Those
claims were made on Fox News’s The Five show, which Watters co-hosts. By the
time he got to his 8pm show, he hadn’t calmed down.
Watters assembled a panel of experts, which included Alina
Habba, a former Trump attorney who now works for Trump’s political action committee
and Lara Trump, Trump’s daughter-in-law.
In
the wake of the 2020 election Trump “did exactly what you would want a president
to do”, Lara Trump said.
“He
upheld and defended the constitution of the United States by trying to ensure
that we indeed had a free and fair election. That was his whole goal, that’s
what he wanted to ensure was going on,” she said.
“[And]
what about his first amendment freedom of speech.”
Sean
Hannity, a friend of Trump who was disciplined by Fox News in 2018 for appearing on
stage at a Trump campaign rally, brought John Lauro, a Trump attorney, on
to his 9pm show.
“This
is the first time, in the history of the United States, that the justice
department has weaponized and politicized political speech,” Lauro claimed.
Newsmax,
meanwhile, went where Fox News – the channel recently settled a lawsuit after
repeating the kind of claims that Giuliani lobs out incessantly – apparently
feared to tread. The right-wing channel hauled on an emotional Giuliani, who
referenced his own book as he criticized Jack Smith, the special counsel who brought the
indictment.
“You
don’t get to violate people’s first amendment rights, Smith,” Giuliani said.
“No matter who the hell you are, no matter how sick you are with Trump
derangement syndrome.”
There
were some calmer voices of dissent in conservative media. One anyway: the Wall
Street Journal.
In
an op-ed the editorial board of the Journal, which is owned by Rupert Murdoch, criticized Trump’s behavior in the aftermath of the 2020 election,
but worried that the indictment “potentially criminalizes many kinds of actions
and statements by a president”.
“You
don’t have to be a defender of Donald Trump to
worry about where this will lead,” the editorial board wrote.
“It
makes any future election challenges, however valid, legally vulnerable to a
partisan prosecutor.”
Away
from the non-rightwing media, the interpretation was largely covered in a sober
fashion in the US. The mainstream newspapers New York Times and
the Washington Post stuck to a undramatic descriptions of
the charges, while ABC News reported on the “sweeping indictment” Trump faces – noting it was his third in
the last four months.
None
of that mattered among conservatives.
One America News Network pivoted to Hunter Biden – always a source of
interest among right-wing news – with an OANN correspondent pushing an emerging conspiracy
theory that the Trump indictment was timed to coincide with Biden Jr’s tax charges trial.
Elsewhere, a senior editor of the Blaze website suggested that the Republican-led House
should force a government shutdown – which could see about 800,000 federal
employees furloughed or forced to work without pay – in the hope that the case
against Trump would collapse.
Perhaps
the most berserk take, however, was the one pushed by Trump’s own campaign.
“The
lawlessness of these persecutions of President Trump and his supporters is
reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other
authoritarian, dictatorial regimes,” the campaign posted to Truth Social.
On
a day when the rightwing media seemed willing to do and say anything to defend
their man, none of them was willing to go as far as that.
ATTACHMENT SIXTEEN – From
Fox
CNN analyst says Trump’s indictment made him feel the
same as when the US ‘killed Osama bin Laden’
By Gabriel Hays, Fox News
August 3, 2023 12:33pm
Levin
warns Trump indictment is part of 'passive revolution' by Democrats
·
Georgia
sheriff vows to get Trump’s mug shot if he’s indicted
·
DOJ
raises possible 'conflicts of interest' with Trump aide Walta Nauta's defense
lawyer
Former
D.C. Metropolitan police officer and CNN analyst Michael Fanone
claimed Tuesday’s federal indictment of former President Donald Trump in
relation to the Jan. 6, 2021, Capitol riot made him feel the exact same way he
felt when the U.S. military “killed Osama bin Laden.”
Fanone,
who was present at the U.S. Capitol on Jan. 6 and who has testified before the
U.S. House select committee investigating the riot that day, told CNN host
Laura Coates on Tuesday he believed that Trump’s actions surrounding the event
were “absolutely” comparable to bin Laden’s terror attack against the U.S. on 9/11.
Fanone’s
words seemed to perturb Coates, who paused and admitted to the former law
enforcement officer that his statement was an “eyebrow-raising” one.
The
segment occurred Tuesday night, only hours after Department of Justice Special
Counsel Jack Smith announced the indictment of Trump on charges surrounding the 2020
presidential election.
These charges included conspiracy to
defraud the United States; conspiracy to obstruct an official proceeding;
obstruction of and attempt to obstruct an official proceeding; and conspiracy
against rights.
Fanone
reacted to the news on “CNN Tonight,” telling Coates he felt as proud about the
indictment as he did when bin Laden was killed in 2011.
He
said, “When I first learned about the indictment, I had a long conversation
with a friend of mine, Ryan Reilly, and I told him how proud I felt to be an
American at that moment. Much in the way that I did when I learned that our
military had killed Osama bin Laden. I just felt incredibly proud.”
Looking
somewhat perplexed, Coates asked, “These two seem comparable to you?” She
added, “Why that comparison in particular?”
Fanone
obliged the host, saying, “I believe they are comparable.” Coates interjected,
“In what way?” The former officer continued, saying, “Absolutely. Osama bin
Laden was a terrorist who committed a horrific act against the American people
and against our republic. And I believe that Donald Trump is a terrorist who
committed horrific acts against the American people.”
The
host reminded Fanone of the intensity of such a comparison, telling him, “You
can imagine that is a very eyebrow-raising statement, to say the least, the
notion of Osama bin Laden in comparison to Donald Trump.”
Coates
gave her guest the benefit of the doubt, stating, “It likely speaks to just how
deeply you have been concerned and have felt about all of this.”
Still,
she pushed back again on his claim, asking, “But are you concerned that
statements like that or the rhetoric surrounding what his role has been is
going to cloud people’s view of this indictment as a fair process?”
Fanone
replied by noting that the people involved in the legal process are the only
ones whose views matter on the subject.
He
said, “I think that the only person or people whose view matters with regards
to this indictment are the jurors who will eventually be sat and listen to the
facts and ultimately make a judgment as to whether or not Donald Trump is guilty of the charges that Jack Smith and the Department of
Justice have brought forward.”
ATTACHMENT SEVENTEEN – From
HuffPost
Fox News Becomes Horror Movie In Montage Of Reactions
To Trump's Third Indictment
Fox News' responses to Trump indictment for
2020 election will frighten the hell out of you in a scary movie-style trailer.
By Ron
Dicker Aug 3, 2023, 06:53 AM EDT
If you think the new charges against Donald Trump are scary, wait until you see Fox News’ reaction to them.
Kat Abu of Media Matters for
America edited real responses from the
right-wing channel’s personalities into a faux horror movie trailer posted on
Wednesday.
Trump was indicted again this week ―
this time for allegedly scheming to overturn the 2020 election while knowingly
spreading lies that it was rigged, leading to the Jan. 6, 2021, insurrection by
a Trump-inspired mob.
The indignation from Fox News hosts and guests
is a scream.
“This is not your country anymore,” Laura
Ingraham declares.
“The legal equivalent of a French guillotine,”
former Trump adviser Stephen Miller says.
“Full banana republic,” several proclaim,
generating the fake film’s catchy title: “Donald J. Trump: Full Banana
Republic.”
“From the minds who brought you January 6th,
election conspiracy theories and the war on Bud Light comes a new terrifying
tale,” the trailer caption reads. “This election cycle, watch Fox News fall
apart.”
ATTACHMENT EIGHTEEN – From
GUK
Donald Trump’s January 6 indictment: six key takeaways
The
former president is facing several charges in connection with his efforts to
overturn the results of the 2020 elections
·
Donald Trump charged – live updates
·
Trump to appear in court on Thursday
By Léonie Chao-Fong and Maanvi Singh Tue 1 Aug 2023 21.59 EDT
Donald Trump has been charged with several
crimes in connection with his efforts to overturn the results of the 2020
election, in a historic indictment that is deepening the former president’s
legal peril.
The
charges, filed by the special counsel Jack Smith in federal district court
in Washington DC on Tuesday, accuse Trump of conspiracies
that targeted a “bedrock function of the United States federal government: the
nation’s process of collecting, counting and certifying the results of the
presidential election”.
Here
are some key takeaways from the latest indictment:
Trump
faces four charges
The
former president is accused of conspiring to defraud the United States
government, conspiring to obstruct an official proceeding, conspiring against
rights, and obstruction and attempt to obstruct an official proceeding.
In
the 45-page indictment, prosecutors laid out their case in stark detail,
alleging Trump knowingly spread false allegations about fraud, convened false
slates of electors and attempted to block the certification of the election on
January 6.
The
former president was ‘determined to remain in power’
Federal
prosecutors said Trump was “determined to remain in power”. Prosecutors said
that for two months after his election loss, Trump spread lies to create an
“intense national atmosphere of mistrust and anger” and “erode public faith in
the administration of the election”. They cited an example in Georgia, where
Trump claimed more than 10,000 dead people voted in four days even after the
state’s top elections official told him that was not true.
There
are six un-indicted co-conspirators
The
indictment included six un-indicted co-conspirators as part of Smith’s inquiry,
including four unnamed attorneys who allegedly aided Trump in his effort to
subvert the 2020 election results, as well as an unnamed justice department
official and an unnamed political consultant.
While
unnamed in the document, the details in the indictment indicate that those
people include Rudy Giuliani, John Eastman and Jeff Clark, a former Department
of Justice employee.
The
special counsel wants a speedy trial
It’s
unclear yet when the case will go to trial, but Jack Smith said his office will
seek speedy proceedings.
“I
must emphasize that the indictment is only an allegation and that the defendant
must be presumed innocent until proven guilty, beyond a reasonable doubt, in a
court of law,” Smith said in a press conference on Tuesday.
Trump
is looking at a complicated calendar for 2024. The former president’s trial in
New York on criminal charges over hush-money payments to the porn star Stormy Daniels will begin in March 2024. His criminal
trial in Florida for retaining national security documents at his Mar-a-Lago
property and obstructing the justice department’s efforts to retrieve them will
take place in May 2024. The Iowa caucuses, the opening salvo in the Republican
race for the 2024 presidential nomination, are scheduled to take place in
January.
Indictments
won’t disqualify Trump from office
Trump’s
indictments will not bar him from seeking the presidency again, nor will any
conviction. However, if he’s convicted, there would likely be lawsuits seeking
to disqualify him from the ballot under the 14th amendment, which bars those who have engaged in
“insurrection or rebellion” from holding office. But Congress could override
that disqualification in the 14th amendment by two-thirds vote.
It
would also be highly unusual for a thrice-indicted candidate to win the
Republican presidential nomination. The only other presidential nominee to run
under indictment in recent history is the former Texas governor Rick Perry, who
sought the 2016 Republican nomination after he was indicted for abuse of power.
Another candidate, Eugene Debs of the Socialist party, ran while imprisoned.
Trump
has three indictments so far. Smith, who indicted him in the January 6 case,
has also charged him with the illegal retention of classified documents. Trump
was also criminally charged in New York over hush-money payments and faces a
civil trial over business practices. In Georgia, the Fulton county district
attorney has been investigating Trump and his allies’ alleged attempts to
overturn the 2020 results – and is expected to announce charging decisions this
month.
The
indictment follows a path laid by the House January 6 committee
The
congressional panel, which was created to investigate the insurrection, concluded
last December recommending criminal charges. Over the course of the
investigation, the committee conducted more than 1,000 interviews, collected
more than a million documents and interviewed key witnesses. In public
hearings, some held at prime time, investigators aired dramatic and damning
footage, making the case that Trump “was directly responsible for summoning
what became a violent mob” despite understanding that he had lost the election.
The
justice department received what the committee had uncovered, but conducted its
own interviews and used its authority to gain key evidence that wasn’t easily
accessible to Congress.
The
final charges against Trump include ones that the committee had recommended,
including conspiracy to defraud the United States.
This
article was amended on 2 August 2023. It is the Fulton county district
attorney, in Georgia, that is expected to announce charging decisions this
month, not the “Georgia attorney general”, as an earlier version said.
ATTACHMENT NINETEEN – From
the Washington Post
Four things that stand
out from the Trump Jan. 6 indictment
by Aaron Blake August 2, 2023 at 7:38 a.m. EDT
The indictment argues that Trump knew the ‘big lie’ was a lie
It lists six unnamed co-conspirators who have not been charged (yet).
The case argues that the conspirators worked to create the illusion of
uncertainty
The reaction from Republicans to the case was muted
Donald Trump, the 45th president
of the United States, has been criminally indicted a
third time — twice on charges leveled
by special counsel Jack Smith.
Smith previously charged Trump
with failing to return classified documents he took when he left the White
House and obstructing the
government’s efforts to retrieve them. On Tuesday, a federal grand jury
indicted Trump for his alleged attempts to overturn the 2020 election —
attempts that culminated in an attack by his supporters on the U.S. Capitol on
Jan. 6, 2021.
Trump is charged with four counts: conspiracy
to obstruct and obstructing an official proceeding — the same charges brought
against many of the hundreds of Jan. 6 defendants — as well as conspiracy to
defraud the United States and conspiracy to violate
the right to vote.
Trump Jan. 6 indictment
Trump was already facing a calendar-spanning
series of court dates during the 2024 presidential campaign, including a Manhattan
trial on charges related to an alleged hush money scheme during the 2016
election campaign.
The Republican Party has rallied to him
despite it all — or perhaps because of it — leaving him an increasingly strong
favorite to be the party’s 2024 presidential nominee.
Below are some takeaways from this latest,
arguably most significant indictment.
The indictment argues that Trump knew the ‘big
lie’ was a lie
It’s a question that has long
stalked Trump: whether he knew that the false things he said were false. It’s also a
threshold question when it comes to the case ahead, given that Trump’s defense
will apparently rely on the idea that he somehow believed his claims about a
stolen election and thus didn’t act corruptly.
Smith is unambiguous: Trump knew better.
“The Defendant spread lies that there had been
outcome-determinative fraud in the election and that he had actually won,” the
indictment says. “These claims were false, and the Defendant knew that they
were false.”
Smith cites examples — many previously known —
of those around Trump directly informing him that his claims were false and his
schemes dubious. They included Vice President Mike Pence, top Justice
Department officials, top White House attorneys and campaign staff members, key
state legislators and officials, and state and federal courts.
Trump's third indictment, in 70 seconds
The indictment cites examples of Trump’s being
informed that specific claims were false and then proceeding to lodge them
anyway. Smith makes a point of isolating a single claim from each of five key
states — Arizona, Georgia, Michigan, Nevada and Pennsylvania — each time
punctuating the example by saying that Trump “repeated his knowingly false
claim” on Jan. 6 itself.
One such example: Both Trump campaign manager
Bill Stepien and Arizona House Speaker Rusty Bowers (R) told Trump in November
2020 that there weren’t tens of thousands of noncitizens who voted in Arizona.
But Trump made this claim on Jan. 6 anyway, nearly two months after Stepien
tried to disabuse him of it.
While the House select committee on Jan. 6
presented much of the evidence last year, the indictment does break some ground
in suggesting that Trump knew this was corrupt. It cites a vivid scene from
Jan. 1, 2021, in which Pence resisted Trump’s renewed appeal to overturn the
election in Congress on Jan. 6, with Trump allegedly telling Pence, “You’re too
honest.”
Trump is also described as acknowledging that
claims about voting machines by Co-Conspirator 3 (apparently Sidney Powell),
which he would echo repeatedly, were unsupported. (We learned from Trump
spokeswoman Hope Hicks’s Jan. 6 committee testimony that Trump said Powell sounded
“crazy,” but not necessarily that he acknowledged
this theory was baseless.)
The defense that’s left for Trump is that he
was told all of this but disregarded it or thought he knew better, which is
apparently what his lawyers will suggest.
“I would like them to try to prove beyond a
reasonable doubt that Donald Trump believed that these allegations were false,”
lead Trump lawyer John Lauro said on Fox News on Tuesday night.
Press Enter to skip to end of carousel
More on the 2020 election probe
ATTACHMENT TWENTY – From
Time
In Third Criminal Indictment, Donald Trump Charged by
Justice Department Over Jan. 6 Role
BY ERIC CORTELLESSA AND NIK POPLI UPDATED: AUGUST 1, 2023 7:15 PM
EDT | ORIGINALLY PUBLISHED: AUGUST 1, 2023 5:55 PM EDT
Donald Trump was criminally indicted for a
third time on Aug. 1 as a Washington grand jury voted to prosecute the former
President on four counts related to his efforts to remain in power after losing
the 2020 election and his role in the events leading up to the Jan. 6, 2021
storming of the U.S. Capitol. The prosecution sets up yet another complicated
and explosive legal battle as Trump vies for the 2024 Republican presidential nomination.
The latest indictment, which the Justice
Department announced Tuesday and references six unnamed co-conspirators, follows
an investigation that stretched almost eight months by Special Counsel Jack
Smith, whose team had interviewed dozens of prominent figures in Trump’s orbit,
including former Vice President Mike Pence, over Trump’s efforts to disrupt the
peaceful transition of power on Jan. 6. The four charges include conspiracy to
defraud the government, conspiracy against the right to vote, conspiracy to
obstruct an official proceeding, and obstruction of an official proceeding.
“Each of these conspiracies—which built on the
widespread mistrust the Defendant was creating through pervasive and
destabilizing lies about election fraud—targeted a bedrock function of the
United States federal government: the nation’s process of collecting, counting,
and certifying the results of the presidential election,” the indictment says.
In a Truth Social post published shortly
before the DOJ announced the charges, Trump called the indictment “fake” and
accused Smith of trying to “interfere” with the 2024 election. “Why didn’t they
do this 2.5 years ago?” he wrote. “Why did they wait so long? Because they
wanted to put it right in the middle of my campaign.”
The government has summoned Trump to appear in
D.C. federal court on Aug. 3, according to the Justice Department.
“The attack on our nation's Capitol on January
6, 2021 was an unprecedented assault on the seat of American democracy,” Smith
said Tuesday. "Our investigation of other individuals continues. In this
case, my office will seek a speedy trial so that our evidence can be tested in
court and judged by a jury of citizens."
The indictment accuses Trump of repeatedly
lying about election malfeasance even though he knew those claims were false.
It alleges that multiple administration officials told him there was no
widespread fraud that would have changed the election outcome, including Vice
President Mike Pence, senior DOJ officials, Director of National Intelligence
John Ratcliffe, and senior White House attorneys.
But that didn’t stop Trump from pressing
forward with his attempts to hold onto power. A core component of the charges
stems from Trump’s attempts to submit fraudulent slates of electors in key
swing states that went for Joe Biden, such as Arizona, Georgia, Michigan,
Pennsylvania, and Wisconsin, according to the indictment.
It also details private phone calls in the
days before the Jan. 6 attack between Trump and Pence, who took “contemporaneous
notes” of the conversations, according to the indictment. In one of them, Trump
allegedly told the former Vice President he was “too honest" after Pence
said he didn’t have the authority to unilaterally reject the election results.
The indictment says Trump attorney John Eastman also pressured Pence to subvert
the Electoral College certification. After a senior aide warned that such a
maneuver would galvanize riots in the streets, Eastman allegedly argued that
“there had previously been points in the nation’s history where violence was
necessary to protect the republic.”
Pence responded to the indictment on Tuesday
with a statement, saying in part: “On January 6th, Former President Trump
demanded that I choose between him and the Constitution. I chose the
Constitution and I always will.”
By the time Trump’s efforts to override the
election had reached a crescendo on Jan. 6, the indictment alleges, Trump
exploited the violence refusing to approve a message directing rioters to leave
the building. Yet even after the crowd dispersed hours later, Trump would not
relinquish his claims that the election was rigged. “The White House counsel
called the defendant to ask him to withdraw any objections and allow the
certification,” the indictment says. “The defendant refused.”
The indictment is the latest in a long string
of Trump’s legal woes. He’s also facing charges from a separate special counsel investigation by Smith alleging he hoarded
national-security secrets and obstructed the government’s efforts to retrieve
them. In New York, Manhattan District Attorney Alvin Bragg indicted Trump in April over allegations that he falsified business records to conceal hush-money payments to a porn
star.
Trump may soon face yet another criminal prosecution in Georgia, where Fulton County District
Attorney Fani Willis has empaneled a grand jury to probe the former President’s
alleged attempts to overturn the 2020 election result
in the state.
Ordinarily, a leading presidential candidate
facing criminal indictments in multiple venues would be a death blow to their
White House ambitions. But within the contours of the Republican primary, Trump
has turned his legal vulnerability into a political
advantage. In the immediate aftermath of his first two indictments, Trump
raised millions of dollars and his polling soared. Since then, he’s remained
the clear front-runner for the 2024 GOP nomination, leading his closest rival, Florida Gov. Ron DeSantis, by more than 30 points in most national
polls.
“The lawlessness of these persecutions of
President Trump and his supporters is reminiscent of Nazi Germany in the 1930s,
the former Soviet Union, and other authoritarian, dictatorial regimes,” the
Trump campaign said in a statement on Tuesday. “President Trump has always
followed the law and the Constitution, with advice from highly accomplished
attorneys.”
In a previous Truth Social post before the
latest indictment was announced, Trump argued: “I have the right to protest an
Election that I am fully convinced was Rigged and Stolen.”
Jessica Roth, a former federal prosecutor in
the Southern District of New York and now a professor at Cardozo School of Law,
argues that won’t amount to a persuasive legal defense. “What you can’t do even
if you think that you won an election is resort to unlawful means, no matter
how convinced you are that you somehow won,” she says. “It's not a winning
legal argument.” It will “significantly” help prosecutors, Roth adds, if they
can prove Trump knew he lost the election, but pressed ahead with false claims
anyway.
At the heart of Trump’s response to the
charges has been to gin up a sense of collective grievance among the MAGA
faithful. “They’re not coming after me, they’re coming after you,” he often
tells his supporters at rallies. He has also claimed, without evidence, that
the prosecutions are a politically-motivated witch-hunt designed to kneecap the
man blocking President Biden’s path to a second term.
Yet out of all the indictments thus far,
Smith’s latest may be the one Trump’s critics have been pining for the most.
While Democrats and Never Trump Republicans have relished seeing Trump face any
form of legal retribution after 50 years of dodging investigations, they have especially
wanted him to face accountability for his role in the Jan. 6 attack on the U.S.
Capitol and attempts to prevent the peaceful transfer of power.
Trump’s multi-faceted efforts to overturn the
2020 election were the subject of the historic Jan. 6 Committee, which held
primetime hearings last summer and fall that garnered more than 20 million viewers. The
nine-member bipartisan panel sought to show in painstaking detail that Trump
was the main culprit behind the violent attempted insurrection. “The central
cause of Jan. 6 was one man, former President Donald Trump,” the committee
wrote in its final report. “None of the events of Jan. 6 would have
happened without him.”
The panel’s 18-month inquiry and 10 public
hearings culminated in a dramatic moment when its members voted unanimously last December to refer criminal charges
against Trump to the Justice Department. There was enough, the committee said,
for federal prosecutors to pursue at least four charges: obstructing an
official proceeding, conspiracy to defraud the government, making false
statements, and assisting an insurrection. While the move had no legal weight,
it was the first time a congressional committee made such a declaration against
a former President.
The referral came as the Justice Department
had been pursuing its own investigation into Jan. 6, which by then was under
the purview of Smith, who Attorney General Merrick Garland appointed as special
counsel after Trump announced his presidential bid in November.
As a candidate, Trump has consistently cast
the many criminal probes against him as the instrument of systemic forces
conspiring to bring him down. It has led some to speculate that Trump
officially launched his candidacy early—a week after the midterms—to complicate
matters for prosecutors who have a longstanding policy of trying to avoid even
the appearance of influencing an election. Trump critics also suspect that he
wants to delay the trials past the election. That way,
if he wins, he could attempt to pardon himself in the federal cases or have his
attorney general simply squash the matter entirely.
But U.S. District Judge Aileen Cannon, who is
overseeing the classified documents case, has pushed that trial to May 20,
2024. And in New York, the “hush money” case is scheduled to start on March 25,
2024—both in the heat of the primaries.
It’s unclear whether Trump could stand trial for
the Jan. 6-related charges before voters head to the polls, but some former
federal prosecutors think Trump’s delay efforts are likely to
work. Years-long delays are common in most white-collar criminal cases, and it
will be even harder to expedite the high-stakes and unprecedented prosecutions
of a former President who is also the leading candidate for the 2024 Republican
nomination.
Even if Trump is convicted by the special counsel,
the charges against him won’t disqualify him from the presidency, according to legal experts. Under the
Constitution, all natural-born citizens who are at least 35 years old and have
been a resident of the U.S. for 14 years can run for president. There is no
legal impediment to Trump continuing his presidential campaign while facing
criminal charges—even if he were jailed.
For Smith and his prosecutors, Tuesday’s indictment
is the beginning of a lengthy legal process. “This is going to be a challenging
case,” Roth says. “Even more challenging to present and win than the case in
Florida involving the documents. There will be a great deal of evidence and a
very complicated story that will need to be told to explain the crimes and to
explain the former President's conduct. It's much more sprawling than the
charges that were brought in Florida that are, in a sense, narrow in their
scope
ATTACHMENT TWENTY ONE – From
the Washington Post
Trump’s lawyer
drops an unsettling hint about his defense strategy
By Greg
Sargent
August 2, 2023 at 4:46 p.m. EDT
Barely hours after Donald Trump was indicted Tuesday for engaging in a wide-ranging criminal
conspiracy to overturn U.S. democracy, his defense lawyer, John Lauro, went on Fox News and
telegraphed his coming strategy. Lauro said prosecutors cannot prove Trump truly
“believed” he’d lost his 2020 presidential reelection, ensuring a not-guilty verdict.
That’s gotten lots of attention, most of it
appropriately dismissive. But Lauro also slipped another assertion into his
appearance that merits more worry: He declared that Trump merely acted on what
he thought was reasonable advice from his lawyer, John Eastman.
“He had advice of counsel, a very detailed
memorandum from a constitutional expert,” Lauro said of Trump and Eastman.
Lauro argued this convinced Trump that he could reasonably ask Vice President
Mike Pence to halt Congress’s count of presidential electors to allow states to
revisit voting irregularities.
“That’s the only thing that President Trump
suggested,” Lauro said, adding that everything Trump attempted “was done with
lawyers giving him advice.” Lauro repeated this on NBC’s “Today” show, insisting Trump
is “entitled” to “trust advice of counsel.”
This suggests that an “advice of counsel”
argument will be central to Trump’s defense. Two of the indictment’s
charges are that Trump obstructed the official
proceeding of the electoral count and entered into a conspiracy to do so. But
the obstruction charge requires proving “corrupt intent,” which could be
undermined by the claim that he acted on his lawyers’ advice.
“I’ve always thought this might be his
strongest argument,” New York University law professor Ryan Goodman, who
has written extensively about the case, told me. Though Goodman
believes this “won’t work,” he said it deserves more attention.
Eastman’s theory that Pence had the power to
halt the electoral count was utterly baseless. But Matthew Seligman, an election law expert
at the Stris and Maher firm, points out that Trump’s lawyers can argue that
Trump, who isn’t exactly a legal mastermind, had no reason to doubt what he was
being told.
“Prosecutors will need to argue that Trump
could not have relied on Eastman’s advice in good faith, because his theories
were so outlandish,” Seligman told me.
Trump’s argument could open the door to one
juror concluding that, even if those theories were crazy, Trump grasped at them
in desperation but in good faith. “If there’s a way for Trump to defeat these
charges, this is the way,” Seligman said. “On the law, the prosecution can and
should prevail on this point. But they will have to show that Trump adopted
these theories in bad faith.”
To be clear, the indictment contains lots of
ammunition against this defense. For instance, it shows Pence repeatedly told
Trump he had no such authority. On one occasion, Trump blithely suggested he
would “prefer” to believe otherwise. On another, Trump rebuked Pence for
refusing to abuse his authority: “You’re too honest.”
Clearly Trump knew Eastman’s theory was
baloney. But the rub is getting 12 jurors to agree — not to mention, perhaps,
five Supreme Court justices.
Goodman agrees this is a real issue, but sees
it as surmountable. That defense, he notes, doesn’t rebut other charges, such
as conspiracy to defraud the United States, or other damning evidence, such as
Trump’s pressure on a top Georgia official to “find” votes for him. Still,
Goodman says, it “could knock out a huge chunk” of the indictment.
Trump’s propagandists have long worked to
manufacture the impression that all these events rested, in some sense, on a
foundation of innocent intent. He really believed he’d won. He was gratified by
the mob but never intended violence. He merely exercised his legal options.
This monumental gaslighting has clouded our national accounting with what
really happened: A concerted, premeditated and (if a jury agrees) criminal plot
to subvert U.S. democracy at its foundations, undertaken at the highest levels
of power.
As David French writes for
the New York Times, this is what’s on the line in the coming
trial: Not just meting out justice to Trump, but getting millions of his
supporters to accept the magnitude of his guilt. Disproving the argument that Trump acted legitimately on his lawyers’
advice could help: It could prove key to convicting Trump — but it would also deepen our reckoning with the nature of
his crimes against the country.
And if Trump can convince a jury that he did legitimately
act on advice of counsel? The stakes of getting this wrong are highly
unsettling to contemplate.
More on the Trump Jan. 6 indictment
The latest: A grand jury indicted former president
Donald Trump on Tuesday for a raft of alleged crimes
in his brazen efforts to overturn the results of the 2020 election. Follow
live updates.
The charges: Trump faces four charges in connection with
what prosecutors allege was a plan to overturn the results of the 2020
presidential election. Here’s a breakdown of the charges against
Trump and what they mean and things that stand out from the Trump
indictment. Read the full text of the 45-page
indictment, which references Pence or vice
presidency more
than 100 times.
The case: The special counsel’s office has been
investigating whether Trump or those close to him violated the law by
interfering with the lawful transfer of power after the 2020 presidential
election or with Congress’s confirmation of the results on Jan. 6, 2021.
Here’s what happens next in the Jan. 6 case.
Can Trump still run
for president? While
it has never been attempted by a candidate from a major party before, Trump is allowed to run for president
while under indictment —
or even if he is convicted of a crime.
ATTACHMENT TWENTY TWO – From
the AP
Trump supporters view
the latest indictment as evidence of a crime — against Trump
BY DAVID KLEPPER AND ALI
SWENSON Updated 6:45 AM EDT, August 3,
2023
WASHINGTON (AP) — Former
President Donald Trump and his supporters are
reacting to a third indictment against him with a
now-familiar playbook: deflecting with unrelated accusations, distracting with
misleading claims about the charges, and demonizing the prosecution.
Instead of convincing his followers about the
seriousness of the charges, Tuesday’s
indictment is being held up as proof of a
conspiracy to take down the Republican ex-president and a continuation of the
effort by Democrats, the media and the so-called deep state to interfere with
the nation’s elections.
For years Trump has told his
supporters that elections can’t be trusted and that he is a victim of a corrupt persecution by the government and media.
With that narrative endorsed by conservative news outlets and amplified on
social media, it’s only natural that many of Trump’s supporters will accept it,
said Ruth Ben-Ghiat, a New York University historian who studies authoritarian
propaganda.
“He’s set up the idea since 2016 that
elections themselves are corrupt and cannot be trusted. This is seven years now
of this narrative,” Ben-Ghiat said. “Trump is one of the most superb
propagandists of the 21st century. He has created this seamless world, where to
his followers, everything just confirms his victimhood.”
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Trump’s repeated lies about the election are at
the heart of the latest indictment, which alleges Trump sought to overturn his 2020 election loss in the two months
before his supporters violently assaulted the U.S.
Capitol.
“The
attack on our nation’s capital on January 6, 2021, was an unprecedented assault
on the seat of American democracy,” special counsel Jack Smith said Tuesday.
“As described in the indictment, it was fueled by lies. Lies by the defendant
targeted at obstructing a bedrock function of the U.S. government, the nation’s
process of collecting, counting, and certifying the results of the presidential
election.”
Separately, the ex-president faces
charges that he falsified business records relating to hush money
payments to a porn actor in New York and improperly kept classified documents at his Palm Beach, Florida,
resort and obstructed an investigation into their handling.
To his most dedicated supporters, the allegations against Trump
are just more evidence of the conspiracy. It’s a sentiment that spread quickly
on social media after Trump’s first and second indictments, and it was easily
found Wednesday on Telegram, Gab, Truth Social and other platforms popular with
conservatives.
“The Democrats stole the 2020
election,” conservative filmmaker Dinesh D’Souza posted on Truth Social and
X, the platform formerly known as Twitter. “This indictment is an attempt to
protect the thieves and legitimize the heist.”
Much of the misinformation about the
indictments has originated with Trump, who instead of trying to minimize his
legal jeopardy has made it a centerpiece of his campaign, framing it as an
assault on democracy, freedom and his own followers.
The former president’s allies — and his legal
defense team — argue that the indictment illegally criminalizes Trump’s
protected freedom of speech. Trump attorney John Lauro said on CNN on Tuesday
that the team’s “focus is on the fact that this is an attack on free speech and
political advocacy.” “Free speech will not survive if this indictment
succeeds,” former Trump adviser Stephen Miller told Fox News.
Fox News host Greg Gutfeld piggybacked on the
narrative, saying, “You have every right to think an election might be rigged
or fixed.”
Prosecutors seem to have anticipated this
response, explicitly conceding in the indictment that Trump had the First
Amendment right to lie about election fraud. The indictment argues instead that
Trump broke the law when his lies transformed into actions, from attempts to
overturn the election to obstructing official proceedings and conspiring to
block citizens’ right to have their vote counted.
Former President Donald Trump is expected
appear at an arraignment in Washington, D.C. on Thursday following his
indictment on felony charges for working to overturn the results of the 2020
election in the run-up to the violent riot by his supporters at the U.S.
Capitol. (Aug. 2)
“The Defendant had a right, like every
American, to speak publicly about the election and even to claim, falsely, that
there had been outcome-determinative fraud during the election and that he had
won,” the indictment reads.
Instead of digging into the
details of the indictment, many Trump supporters pointed to the criminal charges facing Hunter Biden, son of President Joe Biden, and
claimed without evidence that Biden was involved in his son’s business dealings
while in office. They suggested the recent indictments were timed to distract
from news about the Biden family, and questioned why prosecutors weren’t
investigating the Biden administration instead of Trump.
Other partisans talking about the case on
social media focused on the law enforcement agencies, prosecutors and judge
involved in the case. On X, photos of Smith circulated with the text “The face
of pure evil.” Some posts called him a “hit man” or a “legal terrorist.”
Others dug into the biography
of U.S. District Judge Tanya Chutkan and called into question her
fairness, noting that she was appointed to the bench by former President Barack
Obama, a Democrat, and was a partner at a law firm that once employed Hunter
Biden.
“Do you know Judge Chutkan who will preside
over the new Trump indictment worked with Hunter Biden?? It’s all a con,”
posted Sebastian Gorka, a former national security aide under Trump.
Both Chutkan and Hunter Biden worked at the
firm of Boies Schiller Flexner LLP, but no evidence has come to light
suggesting they worked closely together. Boies Schiller Flexner is a large,
well-known firm with 13 offices in three countries and more than 170 attorneys
listed on its website. The firm did not immediately respond to questions
seeking comment.
Trump responded to the charges against him
with a fundraising message misleadingly suggesting the indictment was “over the
events that took place on January 6th,” ignoring the two months leading up to
the Capitol riots that were central to the charges. Trump saw a surge in
fundraising following both of his previous indictments.
The former president also invoked past global
horrors, saying in a statement, “The lawlessness of these persecutions of
President Trump and his supporters is reminiscent of Nazi Germany in the 1930s,
the Soviet Union, and other authoritarian, dictatorial regimes.”
Trump’s campaign did not respond to messages
seeking comment for this story.
Trump’s use of the charges against him on the
campaign trail means the volume of misinformation about the indictments, the
Jan. 6 attack and the 2020 election is likely to increase, said Dora Kingsley
Vertenten, a political scientist at the University of Southern California. The
stakes for Trump couldn’t be higher: He seeks a political comeback while also
fighting to remain a free man.
“I think we’re just getting started,”
Vertenten said.
ATTACHMENT TWENTY THREE – From
the WashPost
Judge Tanya Chutkan is
a tough Trump critic, toughest Jan. 6 sentencer
Trump’s trial judge in D.C. is a former public
defender and was one of the first U.S. judges to reject his executive privilege
claims to withhold Jan. 6 White House records
By Spencer S. Hsu and Tom Jackman August 1, 2023 at 10:41 p.m. EDT
With U.S. District Judge Tanya S. Chutkan as
the trial judge overseeing his case in Washington, Donald Trump’s legal
troubles in the Jan. 6, 2021, Capitol attack come near full circle.
Trump’s federal criminal indictment on charges of attempting
to subvert the results of the 2020 presidential election was randomly assigned
Tuesday to Chutkan, 61, who nearly two years
ago became one of the first federal judges in D.C. to reject the former
president’s efforts to use executive privilege to withhold White House communications
from Jan. 6 investigators, in that instance from the House select committee
investigating the Capitol riot.
In her Trump documents opinion on Nov. 9,
2021, Chutkan ruled that Congress had a strong public interest in obtaining
White House communications and other records that could shed light on the
violent attack by a mob of Trump supporters who injured dozens of police,
ransacked offices and forced the evacuation of lawmakers meeting to confirm the
results of the 2020 election. Chutkan noted that President Biden had waived
executive privilege, overcoming his predecessor’s attempt to invoke the
confidentiality of presidential communications, a ruling affirmed by a federal
appeals court and left undisturbed by the
U.S. Supreme Court.
“At
bottom, this is a dispute between a former and incumbent President,” Chutkan
wrote. “And the Supreme Court has already made clear that in such
circumstances, the incumbent’s view is accorded greater weight.”
In addition to his involvement in more than
4,000 lawsuits over the course of his half-century in real estate,
entertainment and politics, Donald Trump has been the
subject of investigations by
federal, state and regulatory authorities in every decade of his long career.
1970s
Federal investigators accuse Trump and his
father of discriminating against Black New Yorkers in renting out apartments. Case settles
with no admission of guilt, but Trump has to run ads pledging not to
discriminate.
1980s
Federal investigators look into whether Trump
gave apartments in his Trump Tower to figures connected with organized crime to
keep his project on track. Trump denies the allegation. Separately, New Jersey
officials probe his ties with mob figures, then grant him a casino license.
1990s
New Jersey regulators investigate Trump’s
finances and conclude he “cannot be considered financially stable,” yet extend
his casino license to protect jobs at his Atlantic City hotel.
2000s
Federal securities regulators cite Trump’s
casino for downplaying negative results in financial reporting.
2010s
New York state sues Trump, alleging his Trump
University defrauded more than 5,000 people. Trump is found
personally liable. After Trump becomes president, he is impeached — and acquitted — over allegations that
he solicited foreign interference in the U.S. presidential election.
2020s
Trump is impeached — and acquitted — a second time for incitement of
the Jan. 6, 2021, attack on
the U.S. Capitol. New York state sues Trump, alleging he inflated assets to mislead
lenders. He is also under criminal
investigation for events surrounding Jan. 6 and his handling of classified
documents.
Chutkan agreed with the House that the matter
was of “unsurpassed public importance because such information relates to our
core democratic institutions and the public’s confidence in them” and could
help lead to legislation “to prevent such events from ever occurring again.”
About 13 months later, the House committee
referred Trump to the Justice Department for criminal charges. And two and a
half years after the Jan. 6 attack, a grand jury indicted Trump on Tuesday,
charging him with trying to overturn the results of the 2020 election.
Trump is scheduled to make his first
appearance Thursday before a magistrate judge in U.S. District Court in
Washington, and after that, Chutkan will take over the case, facing enormous
scrutiny over the high-profile case.
Chutkan was appointed to the U.S. bench in
2014 by President Barack Obama and was one of the first public defenders
appointed to the federal trial court in Washington. A trained dancer raised in
Kingston, Jamaica, Chutkan graduated from George Washington University and the
University of Pennsylvania Law School before working in private practice with
two Washington firms and serving 11 years with the D.C. Public Defender
Service. She then joined the Boies Schiller Flexner law
firm, where as partner she was a white-collar defense specialist focusing on
complex antitrust class-action cases.
Trump's third indictment, in 70 seconds
“For a
lot of people, I seem to check a lot of boxes: immigrant, woman, Black, Asian.
Your qualifications are always going to be subject to criticism and you have to
develop a thick skin,” Chutkan was quoted as saying in a February 2022 profile
posted by the federal judiciary.
The featured speaker at an African American
History Month event hosted by the judiciary’s Defender
Services Office, Chutkan cited “the dignity and the brilliance” of former
federal judge and NAACP Legal Defense Fund litigator Constance Baker Motley and her predecessors as a model. “They
put their lives on the line every time they did their jobs and had to put up
with far more than I have,” she said.
Chutkan has been the toughest sentencing
judge on the D.C. federal court for Jan. 6
defendants, according to a Washington Post database. Through mid-June, Chutkan
sentenced every one of the 31 defendants to have come before her to at least
some jail or prison time. She has exceeded prosecutors’ sentencing
recommendations nine times and granted them 14 times, while court-wide, judges
have sentenced below government recommendation about 80 percent of the time.
“It has
to be made clear that trying to violently overthrow the government, trying to
stop the peaceful transition of power and assaulting law enforcement officers
in that effort, is going to be met with absolutely certain punishment,” Chutkan
has explained from the bench.
Alluding to Trump’s role in the events,
Chutkan said at another defendant’s sentencing: He “did not go to the United
States Capitol out of any love for our country. … He went for one man.”
Chutkan said during the federal defender event
that she drew inspiration from young people.
“Young people inspire me in their openness, in
their tolerance, and in their desire to fight injustice,” she was quoted as
saying. “I can’t let them down. I have to be an example to them.”
This is a developing story and will be
updated.
ATTACHMENT TWENTY FOUR – From
the New York Post
TRUMP JUDGE ‘IRKED’ FORMER PRESIDENT WITH GREETING —
AND SENT SOCIAL MEDIA INTO A SPIN
By Yaron Steinbuch August 4, 2023 8:11am
MORE
ON:DONALD
TRUMP
·
Another Trump vs. Biden election:
Letters to the Editor — Aug. 5, 2023
·
Chris Christie makes surprise visit
to Ukraine, meets with Zelensky: ‘America needs to stand up’
·
Trump holds double-digit Iowa lead,
but Ron DeSantis lurking: poll
·
The fear factor is driving Trump’s
dominance of the GOP field
Donald Trump was reportedly “irked”
that the judge at his arraignment Thursday referred to him as “Mr. Trump”
rather than “Mr. President” – and left the hearing in DC in a “sour and
dejected mood.”
Trump, who enjoys the presidential honorific, “was, quote,
‘pissed off,’ according to someone who spoke to him,” CNN’s Kaitlan Collins
said after the former
commander-in-chief pleaded not guilty to a four-count indictment Thursday.
“I’m
learning tonight that Trump left here in a sour and dejected mood,” she added.
“I
am told that the former president, one thing that irked him particularly, was
during that hearing today that lasted about 27 minutes, was when the magistrate
judge referred to him as simply ‘Mr. Trump,’” Collins continued.
“That
may not sound odd to anyone else, but he is still referred to by his former
title ‘President Trump’ when he’s at his Bedminster golf club in New Jersey, as
he is tonight, or at Mar-a-Lago,” the anchor of “The Source” told viewers.
The
77-year-old’s own defense attorney, John Lauro, referred to “President Trump”
at the start of Thursday’s hearing before reverting to the more prosaic “my
client” after US Magistrate Judge Moxila Upadyaha used the standard greeting.
The
former president was also visibly annoyed by Upadyaha showing up 20 minutes
late to the 4 p.m. hearing, repeatedly shaking his head while he waited.
The
judge’s greeting was also not lost on people following the arraignment — and
triggered speculation on social media about whether Trump would be offended by
it.
"This
is a very sad day for America": Trump responds after not guilty plea
“Wow.
The first words of the Judge overseeing today’s arraignment are “Good
afternoon, Mr. Trump,” Democratic commentator Victor Shi tweeted.
“No
mention of Donald Trump being former president. No special treatment. Treating
him as just another man in a Courtroom. This is the rule of law at its best,”
he added.
ABC
News producer John Santucci also noted how the judge addressed Trump.
“If there is one thing I know Trump loves that he’s called Mr.
President now,” he wrote.
Others,
meanwhile, believed Trump would have every right to feel slighted.
“Every
other president would have been addressed as ‘President’ not ‘Mr.’… Let’s be
real,” the right-wing Daily Caller chief national correspondent Henry Rodgers tweeted.
Here's
what to know about former President Donald Trump's federal indictment
Former President Donald Trump has been
indicted by a federal grand jury on charges related to mishandling classified White House documents that
were recovered at his Mar-a-Lago estate in Florida.
Trump
unlawfully kept hundreds of documents after leaving office — including papers
detailing America’s conventional and nuclear weapons programs, potential weak
points in US defenses, and plans to respond to a foreign attack, federal prosecutors charged Friday.
The
45th president stored boxes containing the documents throughout his estate,
including “a ballroom, a bathroom and shower, an office space, his bedroom, and
a storage room,” according to a 49-page indictment filed in Miami federal court
Thursday.
The
indictment against Trump was unsealed hours after the 77-year-old
announced he had been charged by Jack Smith, the special counsel tapped in November to
examine Trump’s retention of official documents at Mar-a-Lago.
The
indictment is the former commander-in-chief’s second since leaving office and
marks the first time in US history a former president has faced federal
charges.
In April, Trump pleaded not guilty to 34 felony counts brought by Manhattan District Attorney Alvin Bragg related to hush-money
payments made to porn star Stormy Daniels prior to the 2016 election.
In
the courtroom, Trump, 77, shook his head slightly as US Magistrate Judge
Moxila Upadyaha read out the docket number and said: “United States v.
Donald J. Trump.”
He
then emphatically pleaded not guilty to charges that he engaged in criminal
conspiracies aimed at subverting the results of the 2020 presidential election
results and keeping himself in power.
“When
you look at what’s happening, this is a persecution of a political opponent,”
Trump said in a brief statement to reporters at Regan National Airport.
“This
was never supposed to happen in America. This is the persecution of the person
that’s leading by very, very substantial numbers in the Republican primary and
leading Biden by a lot,” he continued.
“So
if you can’t beat him, you persecute them or you prosecute him. We can’t let
this happen in America,” Trump added before departing without taking any
questions.
Trump
later struck a different tone and declared in a full-caps, defiant post that he
had a “very good day.”
“CONSIDERING
THE FACT THAT I HAD TO FLY TO A FILTHY, DIRTY, FALLING APART, & VERY UNSAFE
WASHINGTON, D.C., TODAY, & THAT I WAS THEN ARRESTED BY MY POLITICAL
OPPONENT, WHO IS LOSING BADLY TO ME IN THE POLLS, CROOKED JOE BIDEN, IT WAS A
VERY GOOD DAY!” he wrote on his Truth Social platform.
With
Caitlin Doornbos in Washington
ATTACHMENT TWENTY FIVE – From
the Washington Post
Trump’s election lies
and the Republicans who corrected him
By Derek Hawkins and Tyler
Remmel August 2, 2023 at 8:57 p.m. EDT
As Donald Trump sought to overturn the results of
the 2020 election, a chorus of top Republicans told him repeatedly that his
claims of widespread voter fraud were false.
That pushback now sits at the heart of the
federal indictment brought against Trump this
week in the Justice Department investigation of his attempts to cling to power.
Special counsel Jack Smith is setting out to
show that Trump knew he was lying when he unleashed his torrent of election
falsehoods that culminated with the Jan. 6, 2021, riot at the U.S. Capitol — an
important part for convicting Trump on the four charges he’s facing.
To that end, the indictment lays
out a drumbeat of episodes — many of them already public — when Trump was told that
bogus statements about fraudulent ballots being counted or votes being flipped
to Joe Biden were false. They came from a range of people in his orbit,
including White House lawyers, administration appointees, state GOP officials
and his campaign staffers. Trump has denied wrongdoing.
The indictment references at least nine
administration officials, among others, who told Trump that the election was
not stolen or that his schemes to remain in the White House were untenable. The
officials are not named in the indictment, but some of their identities can be
discerned by matching descriptions of their activities in the indictment with
public reporting. Here are the key people who corrected Trump on his election
lies and what they said:
Trump peppered his vice president with false
claims about election fraud in the days leading up to the Jan. 6 riot, pressuring
him multiple times to use his role in certifying the vote to keep him in power.
Per the indictment Pence pushed back in a phone call on Christmas Day. “You
know I don’t think I have the authority to change the outcome,” he said.
Days later, Trump told Pence that he had the
authority to send votes back in contested states. Pence responded that “he
thought there was no constitutional basis for such authority and that it was
improper,” according to the indictment.
When Trump claimed there had been a “suspicious
vote dump” in Detroit, Barr told him the allegation was false, according to the
indictment. He also sought to dispel Trump’s claims that voting machines in
contested states had switched votes from Trump to Biden.
On multiple occasions, Trump allegedly
summoned Rosen and Donoghue to talk about a video that he and allies said
showed election workers at State Farm Arena in Atlanta counting “suitcases” of
illegal ballots. Per the indictment they told him that the activity in the
footage was “benign,” saying later that investigators had reviewed the tape and
had “not identified suspicious conduct.”
In at least two conversations, prosecutors
allege that Trump told Rosen and Donoghue that he believed there had been
205,000 more votes than voters in Pennsylvania. “Each time, the Justice
Department officials informed the defendant that his claim was false,” the
indictment says.
Trump made similar claims per the indictment
about Wisconsin that Rosen shot down. Rosen and Donoghue were also among the
officials who allegedly told Trump that numerous audits had confirmed that
voting machine tallies were accurate.
Ratcliffe, an adviser handpicked by Trump to
brief him on national security matters, “disabused” Trump of the notion that
“the Intelligence Community’s findings regarding foreign interference would
change the outcome of the election,” the indictment says.
Krebs, a Republican chosen by Trump to lead
the newly-formed agency, joined a multi-agency statement that said the 2020
election the “most secure in American history” and said claims of
computer-based election fraud were unsubstantiated.
, after law enforcement quelled the violence
at the Capitol, Cipollone called on Trump to “withdraw any objections and allow
the certification” of Biden’s victory, according to the indictment. Trump
refused.
Per the indictment Shirkey and Chatfield met
with Trump in the Oval Office on Nov. 20, 2020, and heard Trump’s false claims
about illegitimate voting in Detroit. They said afterward in a joint statement
that they had “not yet been made aware of any information that would change the
outcome” in the state.
Yet over the following three weeks, Trump and
his allies continued to pressure them to reverse the state’s results.
“We have not received evidence of fraud on a
scale that would change the outcome in Michigan,” Shirkey said in a Dec. 14
statement. Chatfield echoed him, saying: “I can’t fathom risking our norms,
traditions and institutions to pass a resolution retroactively changing the
electors for Trump, simply because some think there may have been enough
widespread fraud to give him the win.”
Per the indictment Trump and his alleged
co-conspirators claimed in a conversations with Bowers that thousands of
noncitizens, nonresidents and dead people had voted in Arizona.
Bowers told them investigations had uncovered
no evidence of significant fraud in the state. He said in a Dec. 4, 2020,
statement that it would violate his oath of office, “the basic principles of
republican government, and the rule of law if we attempted to nullify the
people’s vote based on unsupported theories of fraud.”
Trump urged Raffensperger to
“find” enough votes to reverse his defeat in the state in an hour-long phone call on Jan. 2, 2021.
Raffensperger debunked a number of his false claims, including allegations that
thousands of dead people had voted.
“Well, Mr. President,” he said, “the challenge
that you have is the data you have is wrong.”
More on the Trump Jan. 6 indictment
The
latest: A grand jury indicted former president
Donald Trump on Tuesday for a raft of
alleged crimes in his brazen efforts to overturn the results of the 2020
election. Follow
live updates.
The charges: Trump faces four charges in connection with
what prosecutors allege was a plan to overturn the results of the 2020
presidential election. Here’s a breakdown of the charges against
Trump and what they mean and things that stand out from the Trump
indictment. Read the full text of the 45-page
indictment, which references Pence or vice
presidency more
than 100 times.
The case: The special counsel’s office has been
investigating whether Trump or those close to him violated the law by
interfering with the lawful transfer of power after the 2020 presidential
election or with Congress’s confirmation of the results on Jan. 6, 2021.
Here’s what happens next in the Jan. 6 case.
Can
Trump still run for president? While it has never been
attempted by a candidate from a major party before, Trump is allowed to run for president
while under indictment — or even if he is convicted of a crime.
ATTACHMENT TWENTY SIX – From the
Washington Post
Heart of the Trump
Jan. 6 indictment: What’s in Trump’s head
The former president’s intent — and whether he
knew he was lying about election fraud — are key issues for prosecutors
By Devlin
Barrett
and Josh
Dawsey
August 2, 2023 at 7:27 p.m. EDT
Donald Trump’s trial for allegedly conspiring
to overturn the results of the 2020 election may hinge on a long-debated aspect
of the former president’s mind-set: How much, or if, he believes his own false
claims.
Central to special counsel Jack Smith’s case
is the accusation that Trump knew his claims were lies. Evidence of a
defendant’s intent is often critical to criminal prosecutions, and it may be
the most crucial element of Smith’s case against Trump.
“These claims were false, and the
Defendant knew they were false,” the indictment’s first page declares, staking out the
boundaries of what will probably be a high-stakes legal battlefield inside Trump’s
brain.
“I think the entire indictment really turns on
the question of Trump’s intent,” said Robert Kelner, a veteran D.C. lawyer.
“Arguably, there isn’t any smoking-gun evidence in the indictment regarding
intent, though there is certainly circumstantial evidence. At the heart of the
case is really a metaphysical question of whether it’s even possible for Donald
Trump to believe that he lost the election, or lost anything else, for that
matter.”
At trial, Smith “needs to show that all of the false
statements Trump made about the election, which the indictment chronicles in
great detail, were understood by Trump to be false; otherwise, it becomes a
case about political speech and First Amendment rights, and that’s not where
the government wants to be,” Kelner said. “There is a decades-old question
about whether, in the privacy of his own office or bedroom, Donald Trump admits
to things that he doesn’t admit publicly or whether, even when he’s staring at
himself in the bathroom mirror shaving, he’s telling himself the same lies that
he tells the rest of us. I don’t think we know the answer. It may be an
unanswerable question, and that’s one of the challenges facing Jack Smith.”
Trump is due in court Thursday afternoon for his
initial appearance on the new indictment, his third since April. Separately, he faces state charges of
falsifying business records in New York, and Smith’s team is prosecuting
him in Florida on charges of illegally
retaining classified documents after leaving the White
House and obstructing government efforts to get them back.
The former president is also the early
front-runner for the Republican 2024 presidential nomination, and a D.C. judge
will soon have to find room for another criminal trial on Trump’s calendar,
increasingly filled with campaign and court appearances.
Tracking Donald Trump's indictments and investigations
An indictment is only a partial list of all
the evidence prosecutors have gathered, and it’s possible that Smith, aiming to
protect witnesses or simply as a legal strategy, has not yet revealed key
evidence pointing to Trump’s understanding that he’d lost.
But Tuesday’s indictment lays out instances in
which Trump appears to acknowledge privately that he had lost the election and
that there was no legal way to change that.
On New Year’s Day 2021, the
indictment says, Trump spoke to Vice
President Mike Pence, who told him that even though
the vice president formally oversees the certification of the election results
on Jan. 6, Pence did not have the authority to use that ceremonial role to
overturn the election. “You’re too honest,” Trump allegedly replied.
Two days later, according to the indictment,
Trump held a meeting with the chairman of the Joint Chiefs of Staff to discuss
an issue overseas. During that session, Trump appeared to concede that, with
time running out in his presidency, the issue would have to be dealt with by
his successor, the filing says. “Yeah, you’re right, it’s too late for us,”
Trump allegedly said. “We’re going to give that to the next guy.”
The indictment also charges that Trump
privately described some of lawyer Sidney Powell’s theories about
voting-machine hacks as “crazy,” even as he publicly promoted them.
Jim Walden, a former federal prosecutor now in
private practice in New York, agreed that intent is key to much — but not all —
of the criminal case against Trump, and said that poses some risks for the
prosecutors. “Sometimes people have an incredible capacity to believe their own
nonsense,” Walden said.
But Walden said the final charge in the
indictment doesn’t require the same kind of evidence of Trump’s understanding
of the truth as the first three, which accuse Trump of conspiracy to defraud
the United States, conspiracy to obstruct an official proceeding, and
obstruction and attempted obstruction of an official proceeding. The fourth
count is a simpler accusation: that Trump conspired against people’s right to
have their votes counted.
“The fourth charge is Jack Smith’s insurance
policy,” Walden said, in the event that some jurors are uncomfortable with the
notion that they might be convicting the former president over an opinion or
belief, rather than a statement of fact.
A Trump spokesman did not respond to a request
for comment. A spokesman for Smith declined to comment.
The four Jan. 6 charges against Donald Trump, explained
The indictment also refers
to six unindicted
co-conspirators — most of them identifiable through previously reported facts
about the events of late 2020 and early 2021. That adds to the pressure on
those people to cooperate with investigators and provide evidence or face the
prospect of being charged criminally, but it’s not clear that such pressure
will succeed.
Within hours of the indictment’s unsealing,
Trump’s legal team signaled that his defense will be based in part on the
argument that he genuinely believed the election was stolen and rejected
arguments made by those who tried to convince him otherwise.
Attorney John Lauro on Aug. 2 said that Jack
Smith’s latest indictment of the former president criminalizes political
speech. “I would like them to try to prove beyond a reasonable doubt that
Donald Trump believed that these allegations were false,” Trump lawyer John
Lauro told Fox News.
Multiple witnesses have said they were asked
by prosecutors in front of the grand jury if they heard Trump say he lost — and
what evidence he was shown about the election, said people familiar with the
questioning, who spoke on the condition of anonymity to discuss closed
proceedings.
Some of the witnesses were asked about particular
pieces of evidence — including reports from state officials and reports
commissioned by the campaign — and whether those reports were shown to Trump or
his advisers, including Rudy Giuliani, a key figure in that time period who is
identified only as “Co-Conspirator 1” in the indictment.
At least one witness testified that Trump was
provided extensive evidence showing the election was not stolen, but Trump
never conceded the point, the people said.
“Even in private, he’d argue and say that it was,”
one Trump adviser said Wednesday. “You could give him 100 reasons why it wasn’t
stolen, and he’d come up with something else. It was like playing
whack-a-mole.”
Among Trump’s advisers, four of them said
Tuesday and Wednesday that they viewed this case as easier to defend than the
classified documents case. That Florida indictment cites a recording of Trump
saying that he knew he had possession of
still-secret documents and that he could not declassify them now that he was no
longer president.
By comparison, these advisers said, the
evidence in the election interference indictment is not as damning. “There was
no tape, no crazy big reveal,” one of these people said.
People close to Trump insist that, to this
day, he believes the voter fraud claims.
In conversations with eight current and former
advisers on Wednesday, including some who have soured on Trump, none said they
heard him privately contradict his claims that the election was stolen in the
months after the election. All eight of them, speaking on the condition of
anonymity to discuss private conversations, said they believed at the time, and
still do, that Trump had convinced himself that he won.
“He is going to keep saying the election was
rigged and stolen because he believes it,” one adviser said. “They are never
going to get him to say he was lying, because he still believes it.”
Lack of strong evidence of intent doesn’t
necessarily amount to a get-out-of-jail-free card, and a jury might still
convict Trump if the jurors are convinced that he clearly engaged in criminal
conduct.
So far in the Jan. 6 prosecutions of rioters,
judges and jurors have shown little sympathy for defendants who claim to have
been acting in good faith, or for the perceived good of the country.
In one recent case involving a man who
repeatedly declared during trial that he still believed the election was
stolen, a federal judge ruled that it was irrelevant whether that
belief was sincere if he knew he was using illegal means to disrupt congressional
certification of the vote.
But questions about Trump’s intent, and the
free speech rights of politicians, even if they use those rights to lie to the
public, could become a more potent issue for appeals courts.
Rachel Weiner contributed to this report.
More on the Trump Jan. 6 indictment
The
latest: A grand jury indicted former president
Donald Trump on Tuesday for a raft of
alleged crimes in his brazen efforts to overturn the results of the 2020
election. Follow
live updates.
The charges: Trump faces four charges in connection with
what prosecutors allege was a plan to overturn the r
ATTACHMENT TWENTY SEVEN – From the
Washington Post
The third Trump indictment
gets a stamp of approval from Bill Barr
Philip Bump
August 3, 2023 at 10:10 a.m. EDT
William Barr was already a former attorney
general when he preemptively reached out to the Justice Department in 2018 to
criticize the investigation into links between President Donald Trump’s
election campaign and Russia. A few months later, Trump’s attorney general was
ousted and, a few months after that, Barr was in.
In short order, Barr approved an investigation
into the roots of the Russia probe, precisely the sort of thing Trump had
demanded. Barr was similarly useful in dealing with the fruits of that probe,
including intervening to suggest a reduced punishment for Trump’s longtime ally
Roger Stone after the latter was convicted of lying to Congress.
Of course, Barr effected Trump’s will more
broadly than that. Most notoriously, and controversially, he spoke with law
enforcement near Lafayette Square on June 1, 2020, shortly before a crowd of
protesters was roughly removed from the area. The clearing of the area
allowed Trump to progress across the street for a photo shoot that was quickly
looped into his reelection campaign. Barr denied the park was cleared at his
direction.
All of this made his public rejection of
Trump’s claims that the 2020 election was stolen in December 2020 more
noteworthy. Barr told the Associated Press that there was no evidence of fraud,
eliciting a furious response from Trump and, in short order, Barr’s ouster. He
went from being seen as a loyal ally in the president’s eyes to one of a galaxy
of former aides who earned mockery from Trump on social media.
Speaking to Kaitlan Collins on CNN Barr, on
Wednesday, explained why it took him until December 2020 to
reject Trump’s false claims. “If I had come out, and shot from the hip, without
doing some due diligence, and making sure I understood what the claims were,
and that I knew the facts, and if I turned out to be wrong, without doing due
diligence?” he said. “I think that would have been a disaster for the country.”
This aligns with Barr’s testimony to the House
select committee investigating Trump’s efforts to retain power after the
election. At that point Barr declared that, for Trump, “there was never an
indication of interest in what the actual facts were.” For Barr there was, and
the facts did not support the claims Trump was making.
It is not surprising, then, that Barr also
told Collins he believed the indictment handed down against Trump on Tuesday
was valid, something he seems never to have believed about the Russia probe. “I
don’t know if I would have approved the indictment,” he said. He also said,
though, “I think it’s a legitimate case.” He continued, “As a legal matter, I
don’t see a problem with the indictment. I think it’s not an abuse. The
Department of Justice is not acting to weaponize the department by proceeding
against the president for a conspiracy to subvert the electoral process.”
Barr expressed concern about the overlap of a
trial with the election, in part because he said it would distract from actual
issues. He also offered renewed criticism of how the Justice Department is
handling charges brought against President Biden’s son Hunter. But in the
center of that buffet of delights for Trump’s base was an endorsement of the
investigation by special counsel Jack Smith, along with a defense of Smith. “I
know a lot of Republican lawyers who have worked with him over the years,” Barr
said. “And they tell me he is a tough, hard-nosed prosecutor, but that he is
not a partisan prosecutor.”
Barr also rejected the first-blush defense Trump’s attorney
has been offering in recent interviews and said this was not an assault on
Trump’s First Amendment rights. “All conspiracies involve speech. And all fraud
involves speech,” Barr said. “So free speech doesn’t give you the right to
engage in a fraudulent conspiracy.”
Moreover, Barr said, he came to believe Trump
“knew well that he had lost the election.” He pointed to evidence including
reports before the election that Trump would declare victory regardless of
outcome and again to his “lack of curiosity as to what the actual facts were.”
“I think he brought this on himself,” Barr said. “This is one of the reasons I
oppose him for the Republican nomination, because he has this penchant for
engaging in these reckless acts that create these calamitous situations, and
then undercut the cause he is supposed to be leading. And this is a perfect
example of it.”
Barr noted the reckless acts had negative
effects on others, too, like the co-defendants in the classified documents case.
“I think these two people down in Mar-a-Lago represent many Republicans who
feel that they have to man the ramparts and defend this guy no matter what he
does and go along with him,” Barr said. “And I think they have to be careful,
or they are going to end up as part of the carnage in his wake.
Barr understands this from firsthand
experience. When he sent his letter to the Justice Department five years ago,
little could Barr have anticipated that he would eventually become a target of
Trump’s disparagement and hostility for making obviously true statements about
the 2020 election. The thing about being shunted into the enormous and growing
pool of Trump’s mortal enemies, however, is that there is no longer any reason
to go along with his overheated claims about how he is being persecuted.
Philip Bump is a Post columnist based in New
York. He writes the newsletter How To Read This Chart and is the author of The
Aftermath: The Last Days of the Baby Boom and the Future of Power in America. Twitter
ATTACHMENT TWENTY EIGHT – From
dw.com
Donald Trump could be first US president elected
behind bars
By Ines Pohl 08/03/2023 August 3, 2023
The former US President has been indicted for
the third time, accused of serious crimes in the middle of election season.
DW's Washington correspondent Ines Pohl answers the most important questions.
What
makes the third indictment against Trump different?
The latest indictment includes what are undoubtedly the most serious
accusations against Donald Trump. The allegations revolve around his efforts
to undermine the result of the 2020 presidential
election, as well as to incite his supporters to storm the capitol in January 2021. The
indictment also entails allegations that he conspired to defraud the United
States and prevented voters from carrying out their
constitutional rights.
The charges could have a major impact on the
Republican candidate's reelection campaign, and they're significantly more
serious than those in the past, which included indictments for falsifying business records in New York and withholding top-secret documents in Florida.
What
impact will the indictment have on Trump's reelection campaign?
That depends on who you're referring to. There's
a core of Trump supporters whose minds won't be changed by anything. In fact,
Trump might even be able to shrewdly use the trial to raise money for his
campaign. He could then, in turn, use those funds to help cover his legal fees.
One could even say that the indictment could actually help him among
this group.
A lot of swing voters will be scared off by
the indictment, as will Republican voters who are concerned that the
proceedings could lower Trump's chances of defeating incumbent Joe Biden.
What
do the surveys say?
Donald Trump is by far the most popular
Republican candidate. Everything indicates that he will win the party's primary
and become the Republican challenger in the 2024 US presidential election.
According to a recent poll, Biden and Trump
are tied in a hypothetical rematch at 43% support for their return to the White
House.
What
do the indictments mean for Trump's candidacy?
The big question is whether or not the trials
will be finished before the elections. The court dates are set for March and
May of 2024, which is right around the time members of the two major parties
vote for candidates in the primaries.
The proceedings will be highly complex, and
Donald Trump will do everything in his power to delay the verdict until the
elections are over.
How
will Trump contest the allegations?
He'll probably rely on his right to free
speech, which is very wide-reaching in the United States, but that's unlikely
to help him much in this case.
It will be interesting to see if he's able to
convince the judges that he himself was actually convinced that he had won the
2020 election because proving intent is essential in US criminal law. If
he manages to do so, that would greatly increase his chances of winning in
court.
Can
Trump still become president if he's convicted?
The US Constitution lists very few conditions
for the presidency. Candidates must be born US citizens, be at least 35 years
old, and have lived in the United States for at least 14 years.
Beyond that, they can't have already been
elected president twice before. So theoretically yes, Trump could still be
elected president even if he was a convicted criminal serving time.
What
would happen if Trump was elected while the trial was still ongoing?
That would likely cause a constitutional
crisis. It would be unprecedented and would lead to a power struggle
between the judiciary and the executive branches — meaning between the
legal system and the government.
It would, however, be interesting to see how
independent the courts really are, and whether or not Trump could manage
to exert influence over the Department of Justice and the nation's criminal
prosecution apparatus.
Can Trump
pardon himself as president?
The general legal opinion is that it isn't
possible, but in terms of constitutional law it isn't clear. The US Supreme
Court would have to rule on the matter.
ATTACHMENT TWENTY NINE – From
Fox
How Trump will fight
back in court
By Ruth Marcus August 6, 2023 at 7:00 a.m. EDT
Now the legal wrangling begins. The indictment
of Donald Trump lays out four felony counts: conspiracy to defraud the United States;
conspiracy to obstruct an official proceeding; obstruction and attempt to
obstruct an official proceeding; and conspiracy against voting rights.
Trump’s lawyers will surely move to challenge
the legal sufficiency of the case, arguing that the allegations, even if true,
don’t amount to a crime and filing a motion to dismiss the indictment even
before the case goes to trial. I think they’ll lose; even if some charges are
knocked out or pared back, prosecutors will be able to proceed on others. Trump
will then have to wait for an appeal, if he is convicted, to raise the legal
arguments again.
Here are the strongest — although perhaps not
all that strong — claims we can expect to hear ahead of trial:
Argument #1: The statutes governing conspiracy
to obstruct an official proceeding and obstruction of an official proceeding
(Counts Two and Three) don’t apply here, because that prohibition only covers
destruction of evidence and other forms of evidence tampering.
The relevant law, 18 U.S.C. 1512(c), provides that whoever “corruptly (1) alters, destroys,
mutilates, or conceals a record, document, or other object, or attempts to do
so, with the intent to impair the object’s integrity or availability for use in
an official proceeding; or (2) otherwise obstructs, influences, or impedes any
official proceeding, or attempts to do so, shall be fined under this title or
imprisoned not more than 20 years, or both.”
Most courts have broadly interpreted the
second, “otherwise obstructs” language to cover conduct that ranges beyond
document destruction. The provision, the Supreme Court said in a 1995 decision, “serves as a catchall, prohibiting persons
from endeavoring to influence, obstruct, or impede the due administration of
justice.”
Some Jan. 6 defendants have argued that the
law does not cover conduct outside the general area of document destruction or
witness tampering. But the language is broader than that. As U.S. Appeals Court
Judge Florence Pan, a Biden appointee, wrote in an April
ruling, U.S. v. Fischer, upholding the
use of the obstruction statute, “no fewer than fourteen district judges in this
jurisdiction have adopted the broad reading of the statute urged by the
government to uphold the prosecution of defendants who allegedly participated
in the Capitol riot.”
That doesn’t doom Trump’s argument. Trump
nominee Gregory Katsas, dissented, arguing that the “otherwise obstructs”
language meant that the illegal conduct had to have something to do with
evidence. After all, he noted, the provision was part of the Sarbanes-Oxley
Act, enacted in the wake of the Enron scandal in response to corporate
wrongdoing and document destruction.
“Section 1512(c)(2) has been on the books for
two decades and charged in thousands of cases — yet until the prosecutions
arising from the January 6 riot, it was uniformly treated as an
evidence-impairment crime,” Katsas wrote.
Even if Katsas is correct, however,
prosecutors could argue that Trump’s efforts to prevent the election results
from being certified are closer to evidence tampering than is the rioters’
conduct in assaulting police officers. Still, this is an issue on its way to
the Supreme Court, and it’s not certain how the majority, which has been wary
of endorsing broad interpretations of anti-corruption laws, would rule on the
issue.
Argument #2: Trump lacked the requisite intent
to break the law or to act corruptly, because he believed that he won the
election and was only taking steps to vindicate his rights as the supposedly victorious
candidate.
The intent question is a complicated one. The
indictment repeatedly asserts that Trump knew he lost the election and sets out
a mountain of evidence to that effect — his own statements, the conclusions of
his top advisers, the unanimous findings of numerous courts.
At the same time, it recognizes that Trump had
every right — whether he was lying or merely deluded — to argue that he had
won. He just didn’t have the right to use illegal means to effectuate that
victory. As Randall Eliason, a former federal public corruption
prosecutor, has explained, “If I honestly believe a bank had cheated me
and owes me money, that doesn’t mean I can rob the bank to get my money back.”
But the fact pattern in Trump’s case is a mix
of perfectly legal claims of election fraud with other acts that prosecutors
argue cross the line of legality — demanding that Georgia officials “find” the
necessary votes to produce a win, arranging to submit phony slates of electors,
pressing Vice President Mike Pence to refuse to certify the election after
Pence insisted he had no such authority. (“You’re too honest,” Trump allegedly
replied.)
The obstruction counts, as outlined above,
require proof that the defendant acted “corruptly.” The meaning of corruptly
under 1512(c) is far from settled, as the recent Fischer case
from the U.S. Court of Appeals for the D.C. Circuit illustrated. In that case,
Pan wrote, “corruptly” was not at issue because the underlying obstructive
action — assaulting Capitol police — was “independently unlawful.”
Here is a breakdown of all 78 charges Trump
faces.
But the concurring judge, Justin Walker, a
Trump nominee, said the “corruptly” provision requires proof the defendant
“must intend to obtain a benefit that he knows is unlawful.” That
at least gives Trump an opening to argue that he lacked the requisite intent in
seeking to have himself declared the victor. Did he know he wasn’t entitled to
the presidency? The D.C. Circuit is weighing the question in another Jan. 6 case
argued in May; you can be sure both sides in the Trump case
will be keeping a close eye on the ruling.
Whatever the meaning of corruptly, Trump’s
argument under the conspiracy to defraud statute would be similar: that he was
convinced the election had been stolen from him and he was making legitimate
efforts to rectify the error. As the Justice Department’s instructions for prosecutors state, “The intent required for a conspiracy to
defraud the government is that the defendant … performed acts or made
statements that he/she knew to be false, fraudulent or deceitful to a
government agency, which disrupted the functions of the agency or of the
government.”
In the end, the issues of Trump’s state of
mind and whether prosecutors have met their burden of proof will be questions
for the jury to decide.
Argument #3: Trump relied on advice of counsel
in pursuing his quest to remain in office.
Trump “had advice of counsel, a very detailed
memorandum from a constitutional expert,” his new lawyer, John Lauro, told Fox News, referring to John Eastman, a former Chapman
University law professor who was pressing outlandish arguments about Pence’s
authority not to certify the election results and who is referred to in the
indictment as co-conspirator 2.
I’m with Trump’s former attorney general,
William P. Barr, on this one: “I don’t think that dog is going to hunt.”
Reliance on advice of counsel is an affirmative defense available to Trump, but
the lawyer actually has to be acting as the counsel (there’s no evidence that
Trump retained Eastman for this purpose) and, even more important, that
reliance has to be reasonable. Prosecutors will argue that Trump was told by
numerous lawyers that Pence had no such power, notwithstanding Eastman’s
contention to the contrary. The indictment notes that Trump, tellingly,
excluded his own White House counsel from a meeting on the topic.
“He wouldn’t listen to all the lawyers … in
various departments or the White House that had those responsibilities, or his
campaign,” Barr said. “He would search for a lawyer who would give
him the advice he wanted.”
Moreover, as a model prosecution memo produced by Just Security points out,
the fact that the counsel on whom Trump supposedly relied is a (so-far
unindicted) co-conspirator undercuts Trump’s ability to pursue this argument.
In a 1984 case rejecting the reliance on counsel
defense, the U.S. Court of Appeals for the 5th Circuit noted that the lawyer
“was integrally involved in the sham operation.”
To get the issue before jurors, Trump will
have to show that he relied in good faith on his lawyers’ advice. Even if
jurors buy that, however, it would not knock out all the charges against Trump,
just the parts of those — such as the slates of phony electors and the Pence
certification — where Eastman’s advice played a central role.
Argument #4: The federal civil rights statute
under which Trump is accused of conspiring to interfere with the right to vote
does not cover the conduct at issue here.
The Reconstruction-era law, 18 U.S.C.
241, originally used against
groups such as the Ku Klux Klan, prohibits
conspiracies “to injure, oppress, threaten, or intimidate any person … in the
free exercise or enjoyment of any right or privilege secured to him by the
Constitution or laws of the United States.” The indictment alleges that Trump
and co-conspirators sought to interfere with “the right to vote, and to have
one’s vote counted.”
As the Justice Department manual on election
law offenses explains, Section 241 has been used to prosecute efforts to steal
votes by hacking voting machines, to destroy voter registration applications
and to keep people from getting rides to the polls by jamming telephone lines.
Earlier this year, a federal judge in New
York upheld the use of
Section 241 in a case involving a far-right
activist’s effort to mislead Twitter users into thinking they could cast their
votes for Hillary Clinton by posting hashtags on Twitter or Facebook or texting
her name to a specific phone.
In rejecting the defendant’s argument that he
wasn’t properly on notice that such conduct could be criminal under Section
241, the court quoted from a 1941 Supreme Court case: “It is no extension of
the criminal statute … to find a violation of it in a new method of
interference with the right which its words protect. For it is the
constitutional right, regardless of the method of interference, which is the
subject of the statute.”
Still, Trump could argue that prosecutors are
using Section 241 far beyond its original, intended purpose. Preventing the
vote from being certified is different, or so they could argue, from stopping
people from casting ballots. “What Trump did, though reprehensible, bears no
relation to what the statute covers,” National Review
editorialized. I thought we were all textualists now, and
the text of the statute clearly seems to cover Trump’s conduct. But brace
yourself for this argument, too.
If Trump knows anything, it’s how to
manipulate the legal system to his advantage, which in this case means throwing
up a lot of arguments to see what will stick, in the hope, above all, of delaying
a trial. After all, Trump’s winningest legal strategy would be to return to
office and order the prosecution dismissed. But he may not be able to pull that
off. An experienced federal judge, Tanya Chutkan, is overseeing the case. A former public
defender, she well understands the importance of protecting Trump’s rights, but
also that there is a public interest in having a speedy trial. If she rejects
Trump’s arguments, his hopes lie in an acquittal or eventual success on appeal.
But that is a long way down the road, and almost certainly after the next
election.
ATTACHMENT THIRTY – From
the Guardian UK
Trump supporters condemn January 6 charges after third
arraignment this year
Republicans
and rightwing commentators line up to condemn prosecution – though Pence
dissents and DeSantis avoids using Donald Trump’s name
Mary Yang Fri 4 Aug 2023 05.00 EDT
It’s
the third time Donald Trump has been arraigned this year, even as he
is the only former US president in history to face criminal charges. Each time,
Trump and his supporters, as well as detractors, have moved to gain from his
time in court.
Trump
pleaded not guilty on Thursday in a Washington federal court to three counts of
conspiracy and one count of obstruction in a plot to subvert the results of the 2020 election. He similarly denied his guilt in March over
hush money payments to adult film actor Stormy Daniels, and then in June for
illegally hoarding classified documents at his Florida resort.
A
handful of Republicans, though competing with Trump for the 2024 GOP
nomination, fired off statements as the ex-president left the courthouse and returned
to his golf club in Bedminster, New Jersey.
Outrage after DeSantis says he’d ‘start slitting
throats’if elected president
The
biotech entrepreneur Vivek Ramaswamy posted a video message filmed
outside the federal courthouse calling the January 6 indictment “politicized
persecution.” He earlier vowed to pardon Trump if elected.
After
Trump was indicted on Tuesday, the former vice-president Mike Pence – whom
Trump allegedly called “too honest” after he refused to reject electoral votes
according to the indictment – used the arraignment as fodder for his own
campaign, including to sell merch. “[A]nyone who puts himself over the
constitution should never be president of the United States,” Pence said in a
statement.
Trump
has also moved to profit from each of his own indictments, blasting supporters
with a barrage of fundraising requests after his court appearances in Miami and
New York.
Minutes
after Trump left Washington, his son, Eric Trump, sent out a fundraising email
with language calling the city “the belly of the beast”, according to NBC News.
His campaign pulled in nearly $4m after his first arraignment in March and
considerably less but still more than $1m after his arraignment in June, according to the New York Times.
Trump
earlier said being arrested was “a great honor” in a post on Truth Social, his
social media platform. He also posted Thursday ahead of his arraignment: “I
NEED ONE MORE INDICTMENT TO ENSURE MY ELECTION!”
A
district attorney, Fani Willis, is due to hand down a fourth indictment,
related to election interference in Georgia, in the coming weeks.
Conservative media outlets largely heaped praise on Trump while blasting the current probes against President Joe
Biden’s son, Hunter Biden. When asked by a CNN reporter if he would follow the indictment
as he was cycling on vacation, the president said: “No.”
Fox
News host Jesse Watters downplayed Trump’s January 6 charges on air while
applauding Trump for his “calm demeanor” during the arraignment, according to Mediaite.
“By this January 6th indictment, we’re kind of tired of it,” Watters said on
Thursday evening.
Trump
has seemingly grown more comfortable with each indictment, according to NBC
News’ Garrett Haake, who has covered each indictment from the ground.
While Trump appeared “tight and tense” on his March court date
in Manhattan, he was joking with his attorneys in Washington, Haake told MSNBC Thursday evening. “He seemed so much more
comfortable and practised at this.”
For
many, the federal charges against Trump for his role in inciting the violence
at the US Capitol were the first steps to finally holding the ex-president
accountable for the deadly attack over which 1,000 individuals have been
charged. A US Capitol police officer, Sgt Aquilino Gonell, was in the courtroom
where Trump appeared for his arraignment, along with two other officers who
were overwhelmed by rioters.
“On
that day, I risked my life defending everyone regardless of their political
affiliation,” wrote Gonell in a statement released after Trump left the courthouse. “Our democracy is worth fighting for. Not
prosecuting is far riskier than having no consequences for the alleged power
grab attempts. Justice and the rule of law must win for our democracy to
survive.”
Adam
Schiff of California, a member of the House January 6 select committee, signed a letter along
with dozens of other Democratic lawmakers urging the district court to publicly
broadcast the trial proceedings. “It is imperative the conference ensures
timely access to accurate and reliable information surrounding these cases and
all of their proceedings, given the extraordinary national importance to our
democratic institutions and the need for transparency,” the letter said.
After
the Tuesday indictment, Schiff said in a statement posted online the law “must”
be enforced against a former US president and candidate for “the sake of our
democracy”.
Trump
attorney John Lauro, who joined the legal team after special prosecutor Jack
Smith informed the ex-president he was a target in the January 6 case,
suggested moving the trial to West Virginia, which he called a more “diverse area” than DC (???) in an interview with NPR ahead of the
arraignment. Former federal prosecutors and legal experts said there was no
basis for doing so.
The Florida governor, Ron DeSantis, who is the strongest contender
for the Republican nomination after Trump, though trailing by a wide margin,
said in a statement released after the Tuesday indictment that he would “end
the weaponization of government, replace the FBI director, and ensure a single
standard of justice for all Americans”.
DeSantis
did not, however, refer to Trump by name, and said he did not read the
indictment.
ATTACHMENT THIRTY ONE – From
the Washington Post
Awkwardness in Trump’s
circle: Top aides could be trial witnesses
Some of Trump’s closest advisers are
referenced in charges against him, potentially putting them in a bind as cases advance
By Isaac Arnsdorf and Josh Dawsey August 5, 2023 at 8:45 a.m. EDT
At least seven currently serving advisers to
former president Donald Trump took actions that are mentioned prominently in
one of his three criminal indictments or have been interviewed by prosecutors,
potentially setting up uncomfortable situations in which they are working for
his 2024 presidential bid while also serving as witnesses at one of his
upcoming trials.
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up for Fact Checker, our weekly review of what's true, false or in-between in
politics.
They include his top presidential campaign
adviser, as well as a senior communications aide and several other campaign
staffers. Walt Nauta, his closest personal aide who is frequently at his side
on the campaign trail, is now a co-defendant in the case in which Trump is
accused of mishandling classified documents.
Other witnesses could be drawn from a broader
network of former Trump employees, political associates and longtime allies.
Even the chairwoman of the Republican National Committee, a longtime Trump ally
who would be responsible for helping Trump win the White House should he become
the party’s nominee, could be forced to take the witness stand.
Their roles add another awkward dimension to
the never-before-seen prospect of a former president and possible major-party
nominee standing trial while running for president. The aides’ involvement in
the legal cases could further complicate their scheduling and discussions with
the candidate, the front-runner for the Republican nomination, who relies on a
relatively small staff.
“My best friends are lawyers,” one Trump
adviser joked on Thursday, echoing a common experience among the former
president’s aides that their service so often comes with legal bills.
The situation poses practical challenges for a
famously undisciplined candidate running a major campaign while also preparing
for multiple criminal trials, two brought by special counsel Jack
Smith.
Trump has been ordered by a Florida judge to
avoid discussion of the documents case with Nauta and a list of witnesses
compiled by prosecutors. Prosecutors have identified at least 84 witnesses in
that case alone.
At Trump’s arraignment on Thursday, where he pleaded not guilty to charges related
to his efforts to overturn the 2020 election, a federal judge ordered him not
to talk to any witnesses about the case unless through attorneys.
Asked to comment about Trump staffers who may
have to serve as witnesses, campaign spokesman Steven Cheung alleged the
investigation is harassing Trump aides to interfere with his campaign. “It is
clear that Joe Biden knows he’s losing to President Trump and is now using his
weaponized Department of Justice to attack his campaign team in order to
interfere in the election,” he said.
A spokesman for Smith declined to comment.
Here is a breakdown of all 78 charges Trump faces.
Potential witnesses in the cases will also face
a special challenge to keep Trump’s confidence in their loyalty while at the
same time avoiding drawing prosecutors’ suspicions. Even though their grand
jury testimony and document production was compelled by subpoenas, as would be
trial testimony, any appearance of cooperating with the case against Trump could cause the former president to turn on
loyal aides, spoiling their day jobs.
“Those called as witnesses are best served by
letting the facts fall as they find them and ensuring they are perceived as
objective,” said Brian Whisler, who represented cabinet members and senior
staff of former Virginia governor Robert F. McDonnell, many of whom testified
at his 2014 federal corruption trial. Their testimony helped lead to a jury
conviction for McDonnell and his wife, though the verdict was later overturned
by the U.S. Supreme Court.
Of Trump, Whisler added: “Based on his public
statements, it seems entirely possible he would be somewhat suspicious about
other people’s actions in this case.”
During Trump’s presidency, special counsel
Robert S. Mueller III’s investigation into Russian interference in the 2016
election made for awkward interactions, according to former aides who testified
to the special counsel and then returned to work down the hall from the man
they had testified about.
Trump instructed aides to answer
investigators’ questions, former chief of staff John Kelly said, but assumed
his aides would tell investigators nothing untoward happened.
Kelly said Trump was angered to learn how much
time then-White House counsel Donald McGahn spent with Mueller’s team. In his
final report, released in 2019, Mueller described how Trump badgered McGahn
after learning that he had revealed to Mueller’s team that Trump had at one
point intended to fire the special counsel. “Actually, lawyer Don McGahn had a
much better chance of being fired than Mueller. Never a big fan!” Trump tweeted
not long after the report was published.
“When he found out Don McGahn and others went
down there and told the truth, it was kind of a shocker to him,” Kelly said.
“In the world he grew up in, people would lie and cheat for him because you
were theoretically loyal to him. He didn’t like it at all.”
Similarly, during the House Jan. 6
investigation last year, Trump was upset at aides — and even some family
members — for their testimony that sometimes directly contradicted his election
fraud claims, growing angry as he watched some of the clips played on live TV,
multiple advisers said.
In those instances, however, close advisers
and friends largely offered testimony behind closed doors, with damaging bits
played in small bursts months later. If called to testify at one of Trump’s
trials, advisers would be required to take the witness stand and speak live in
courtrooms crowded with reporters, separated by just a few feet from their boss
at the defendant’s table.
Some of Trump’s current advisers have faced
pointed questioning from Smith’s prosecutors, who appeared to believe they have
not been forthcoming when questioned about Trump’s actions in the two federal
cases, according to two people familiar with the matter. Some told Trump
subsequently that they felt as though the prosecutors were hostile to them.
In Trump’s current orbit, advisers say they
have tried to separate his legal and political discussions to avoid extra
subpoenas to his team, but there is no surefire way to fully separate the two
when his legal fate is almost certainly tied to his political fate, and vice
versa. The campaign’s messaging and scheduling have become increasingly
intertwined with Trump’s criminal defense, making it
harder to insulate political aides from legal discussions.
The list of advisers who could serve as
witnesses is long.
Nauta, the president’s omnipresent personal
aide, will face trial with him in Florida. Prosecutors have alleged that Nauta
lied to the government and helped Trump move boxes of documents to hide them
from investigators.
Trump’s senior campaign adviser, Susie Wiles,
is one of the people to whom Trump is accused of improperly showing classified
documents. The Florida indictment says Trump showed the map to “a
representative of his political action committee,” indicating that he should
not be doing so and warning her not to get too close. People familiar with the
episode have said the PAC representative was Wiles, who was running his
political operation at that time. The indictment says Wiles did not have a
security clearance.
The indictment also alleges that two weeks after the FBI conducted a
court-ordered search at the Mar-a-Lago resort, Wiles was on a Signal chat group
in which another Trump employee assured the group that Carlos de Oliveira, the
property manager at Mar-a-Lago, remained loyal to Trump. De Oliveira was
charged in July with lying to investigators and trying to cover up evidence.
Wiles is not alleged to have sent a message herself.
Wiles’ grand jury testimony blindsided others
on Trump’s team when it appeared in the indictment, aides said. She remains one
of Trump’s closest advisers, overseeing his campaign operation, finances and
travel. Wiles has privately told others she only testified because she was
required to by law after receiving a subpoena and that she remains loyal to
Trump. She declined to comment.
Jason Miller, another senior adviser on the
campaign focusing on press and communications, was referenced in Tuesday’s
indictment related to the 2020 election as a “Senior Campaign Advisor,” people
familiar with the case said.
“You can see why we’re 0-32 on our cases,”
Miller wrote in an email quoted in the indictment, referring to the campaign’s
loss record in court challenges to the 2020 election and disparaging the
efforts to subvert the election results. “It’s tough to own any of this when
it’s all just conspiracy sh — beamed down from the mothership.”
The indictment also alleges that Miller spoke
with Trump and informed him that election fraud claims, such as that votes were fraudulently cast in the name of dead
people in Georgia, were not true. Those conversations could be critical to the
prosecutors’ attempts to prove that Trump knew the claims were false, a required
element of three of the four charges in the Jan. 6 case.
Miller has told others that he was not being
critical of Trump but of the legal team around him following the 2020 election,
and that he too remains loyal to Trump. Trump advisers say they feel many of
the inclusions are gratuitous and are designed to draw wedges between Trump and
his team.
Miller declined to comment for this story.
Lawyer Evan Corcoran remains a member of
Trump’s legal team even after the Mar-a-Lago indictment extensively relied on
his accounts of his interactions with Trump, referring to him as “Trump
Attorney 1.” In one such conversation, Trump allegedly praised a lawyer who had
supposedly deleted Hillary Clinton’s emails. In another, Trump allegedly
suggested Corcoran could take documents to his hotel room and pluck out
anything bad before turning the records over to the FBI.
Corcoran attended Trump’s arraignment in his
case related to Jan. 6 this week, emerging from the judge’s chambers just
before the former president and his other attorneys and then sitting behind the
defendant's table during the hearing. He is no longer heavily involved in
Trump’s defense, multiple advisers said, largely because of his role as a
witness.
Reached by phone, Corcoran hung up.
Liz Harrington and Margo Martin, both current
campaign aides, were part of a meeting where Trump was recorded seeming to
acknowledge that he knew he had secret documents, The Washington Post has reported.
“This is secret information,” Trump said in
the recording, taken during a meeting with writers helping prepare former chief
of staff Mark Meadows’ book, according to the indictment. “As president I
could have declassified it. Now I can’t, you know, but this is still a secret.”
“Now we have a problem,” Harrington said,
laughing.
Harrington did not respond to a request for
comment. She has taken a less influential role in the past year, Trump advisers
said. Martin’s attorney, Bob Driscoll, said it is simple and routine for people
who work together to comply with a judge’s order not to discuss an ongoing
case.
“Every lawyer tells their client, ‘Don’t talk
about the case except when talking to me,’” he said. “They can interact on
campaign stuff — but you don’t want your witnesses contaminating each other and
getting their memories screwed up.”
Will Russell, a White House alumnus who is
working for the campaign on a contract basis, testified
repeatedly to the grand jury investigating Trump’s actions before Jan. 6. When
Russell appeared in July, his lawyer told a judge that the questions potentially
involved executive privilege, suggesting they related to conversations with
Trump himself.
Trump aide’s Jan. 6 grand jury appearance sparks fracas with U.S. judge
Stan Woodward, a lawyer for Russell, declined
to comment.
The head of the main super PAC supporting
Trump’s campaign, Taylor Budowich, testified to the grand jury in the documents
case in June. Budowich was Trump’s spokesman during 2022 when the former
president drafted a statement saying he had given “everything” back to the
federal government. Budowich declined to release the statement after consulting with
lawyers and advisers, fearful that it might not be accurate, people familiar
with the matter have said.
Budowich is already largely walled off from
direct interactions with Trump because campaign finance law prohibits super
PACs from coordinating with allied campaigns. Budowich did not respond to a
request for comment.
Another campaign adviser and lawyer, Boris
Epshteyn, has come under scrutiny in the Jan. 6 case. Federal agents with
court-authorized search warrants seized his cellphone last year, and Epshteyn
appeared before the special counsel’s team in April. Epshteyn’s ongoing
involvement in Trump’s legal team caused tensions with some of the other attorneys,
leading at least one of them to quit in recent months.
Epshteyn declined to comment.
The indictment filed last week also describes
a phone call in which Trump and “co-conspirator 2,” identified as attorney John
Eastman, spoke to Ronna McDaniel, the RNC chairwoman, about a plan to convene
Trump’s electors even in states where President Biden had been certified the
winner of the 2020 election. The indictment alleges that Eastman “falsely
represented to her” that the phony electors would only be submitted if the
campaign’s court challenges succeeded in changing the outcome in one of the
decisive states.
McDaniel speaks with Trump often, including
recently to lobby him to attend the first primary debate later this month.
An RNC spokeswoman did not respond to a
request for comment.
Perry Stein contributed to this report.
ATTACHMENT THIRTY TWO – From
U.S. News
QUOTES: Reaction to the Indictment of Donald Trump
Allies and adversaries were quick to respond
to news that former President Donald Trump had been charged with attempting to
subvert the peaceful transfer of power.
By U.S. News Staff Aug. 1, 2023, at 7:48 p.m.
A federal grand jury indicted former President
Donald Trump on Tuesday as part of a criminal investigation into efforts to
overturn the 2020 presidential election.
Reactions to the indictment were swift to
follow.
Jack Smith, special prosecutor:
“The attack on our nation’s Capitol on Jan. 6,
2021, was an unprecedented assault on the seat of American democracy. As
described in the indictment, it was fueled by lies – lies by the defendant
targeted at obstructing a bedrock function of the U.S. government: the nation’s
process of collecting, counting and certifying the results of the presidential
election.”
Merrick Garland, attorney general:
“Mr. Smith and his team are experienced,
principled career agents, prosecutors have followed the facts and the law wherever
they may lead.”
Former Vice President Mike Pence, 2024 GOP
contender:
“Today's indictment serves as an important
reminder: anyone who puts himself over the Constitution should never be
President of the United States.”
"I will have more to say about the
government’s case after reviewing the indictment. The former president is
entitled to the presumption of innocence but with this indictment, his
candidacy means more talk about January 6th and more distractions.”
"Our country is more important than one
man. Our constitution is more important than any one man’s career.”
Florida Gov. Ron DeSantis, 2024 GOP contender:
“As President, I will end the weaponization of
government, replace the FBI Director, and ensure a single standard of justice
for all Americans. While I’ve seen reports, I have not read the indictment. I
do, though, believe we need to enact reforms so that Americans have the right
to remove cases from Washington, DC to their home districts. Washington, DC is
a ‘swamp’ and it is unfair to have to stand trial before a jury that is
reflective of the swamp mentality. One of the reasons our country is in decline
is the politicization of the rule of law. No more excuses – I will end the
weaponization of the federal government.”
Vivek Ramaswamy, 2024 GOP contender:
“The corrupt federal police just won’t stop
until they’ve achieved their mission: eliminate Trump. This is un-American
& I commit to pardoning Trump for this indictment. Donald Trump isn’t the
cause of what happened on Jan 6. The real cause was systematic & pervasive
censorship of citizens in the year leading up to it. If you tell people they
can’t speak, that’s when they scream. If you tell people they can’t scream,
that’s when they tear things down. If we fail to admit the truth, Jan 6 will just
be a preview of far worse to come & I don’t want to see us get there.”
Former Arkansas Gov. Asa Hutchinson, 2024 GOP
contender:
“This is another sad day for America with a
former President being charged criminally for obstructing the peaceful transfer
of power from one administration to the next. January 6 is a day that calls for
accountability for those responsible. I have always said that Donald Trump is
morally responsible for the attack on our democracy. Now, our system of Justice
will determine whether he is criminally responsible. The latest indictment
reaffirms my earlier call that Donald Trump should step away from the campaign
for the good of the country. If not, the voters must choose a different path.”
Trump campaign:
“This is nothing more than the latest corrupt
chapter in the continued pathetic attempt by the Biden Crime Family and their
weaponized Department of Justice to interfere with the 2024 Presidential
Election, in which President Trump is the undisputed frontrunner, and leading
by substantial margins.”
Chuck Schumer, Senate majority leader/Hakeem
Jeffries, House minority leader:
“The insurrection on January 6, 2021 was one
of the saddest and most infamous days in American history, personally
orchestrated by Donald Trump and fueled by his insidious Big Lie in an attempt
to undermine the 2020 election. In a deadly effort to overturn the will of the
American people and block the peaceful transition of power, our nation’s
Capitol – the very symbol and home of American patriotism and democracy – fell
under attack to thousands of vicious and violent rioters.”
“The third indictment of Donald Trump
illustrates in shocking detail that the violence of January 6th was the
culmination of a months-long criminal plot led by the former president to defy
democracy and overturn the will of the American people. This indictment is the
most serious and most consequential thus far and will stand as a stark reminder
to generations of Americans that no one, including a president of the United
States, is above the law. The legal process must continue to move forward
without any outside interference.”
Rep. Steve Scalise, House majority leader:
“Biden’s DOJ is cutting sweetheart deals for
Hunter to cover for the Biden Family’s influence peddling schemes while at the
same time trying to persecute his leading political opponent. It’s an
outrageous abuse of power.”
Nancy Pelosi, former House speaker:
“The charges alleged in this indictment are
very serious, and they must play out through the legal process, peacefully and
without any outside interference. Like every criminal defendant, the former
President is innocent until proven guilty. Our Founders made clear that, in the
United States of America, no one is above the law – not even the former
President of the United States.”
"Through the meticulous and patriotic
work of the bipartisan Select Committee to Investigate the January 6th Attack,
evidence was uncovered about the sinister plot to overturn the presidential
election and prevent the peaceful transfer of power, which culminated in deadly
insurrection.”
"As this case proceeds through the
courts, justice must be done according to the facts and the law."
Rep. Elise Stefanik, Republican conference
chair:
“President Trump had every right under the
First Amendment to correctly raise concerns about election integrity in 2020.
Despite the DOJ’s illegal attempt to interfere in the 2024 election on behalf
of Joe Biden, President Trump continues to skyrocket in the polls and will
defeat Joe Biden and be sworn in as President of the United States in January
2025.”
Former Rep. Adam Kinzinger, Jan. 6 committee
member:
“On the 1/6 Committee, we uncovered proof that
Donald Trump not only knew what was happening at the Capitol, but encouraged
it. He is a cancer on our democracy. Today is the beginning of Justice. Nobody
is above the law; least of all a president who swore an oath to defend it.”
Rep. Marjorie Taylor Greene, Georgia
Republican:
“This isn't just an indictment against
President Trump, but against all his supporters and the fundamental rights of
Americans. If an innocent former president can be targeted, then no American is
truly safe. President Trump is just standing in the way.”
Rep. Jim Jordan, Ohio Republican:
“When you drain The Swamp, The Swamp fights
back. President Trump did nothing wrong!”
Rep. Joaquin Castro, Texas Democrat:
“I’m glad to see that Donald Trump has been
indicted for his role in trying to overthrow the results of the 2020
Presidential Election and for stoking the failed coup of January 6, 2021. If he
gets away with it others will try the same in the years ahead. The world is
watching.”
Sen. Josh Hawley, Missouri Republican:
“DOJ unveils the latest effort to stop Trump
from running against Biden – totally unprecedented in American history.”
Michael Waldman, president and CEO of the
Brennan Center for Justice at NYU Law:
“Today's charges matter beyond the fact that a
former president is accused. Donald Trump and his co-conspirators tried to
overthrow American democracy. They wanted to negate the votes of millions of
Americans. They did this using phony claims of voter fraud and rigged
elections. These conspiracy theories are still being used to justify changes to
voting and election law all over the country. Donald Trump will stand trial.
The Big Lie will be on trial too.”
Reed Galen and Rick Wilson, co-founders of The
Lincoln Project:
“The nation needs to wake up to the very real
threat that Trump will win the presidency. He IS the Republican nominee. He IS
leading in the polls against Joe Biden. The MAGA GOP is a cult that no longer
cares about the rule of law and wants to send Trump back to the White House. No
indictment is going to stop his campaign.”
Marilyn Carpinteyro, Common Cause interim
co-president
"No American is above the law – not even
former presidents. The charges that a federal grand jury leveled today against
former President Donald Trump are profoundly serious and must go to trial. The
charges themselves are unprecedented, but so are the events that led to them.”
Anthony D. Romero, ACLU executive director:
“More than two years ago, shortly after the
January 6 attack on the Capitol, the ACLU called for a special counsel to
investigate President Trump for seeking to subvert the 2020 election. Today, a grand
jury indicted the former president in D.C. for just that, after Special Counsel
Jack Smith was appointed to conduct the investigation. All defendants are
innocent until proven guilty, but no person is above the law. If the former
president is found guilty, he must be held accountable.”
ATTACHMENT THIRTY THREE – From
Time
ALWAYS BE READY TO RUN': FOR SOME CAPITOL WORKERS,
IT'S STILL JAN. 6
“Trump facing some form of accountability was
supposed to feel better than this,” the chief of staff to a Democrat in
Congress told me in the midst of yet another lockdown. This was Wednesday afternoon, the day after
Special Counsel Jack Smith had released his four-count indictment against former President Donald Trump, a
move that was both cheered by many Hill denizens while also sending some of them
back to one of the worst days of their lives, that harrowing moment when they
barricaded themselves in offices as hundreds of Trump loyalists roamed the
complex looking for lawmakers to intimidate—or worse.
And then came the 911 call suggesting there was
an active shooter in the Hart Senate Office Building and what has become an
all-too-familiar routine kicked in.
“I had to silence my cell phone, blockade my
office door, and keep the staffers here calm,” the chief of staff said.
The echo of Jan. 6, 2021, was almost too precise.
Even before that midday adrenaline spike, many
Capitol staffers have been mentally bracing for Thursday, when Trump is due to
make his first appearance in federal court to answer felony charges related to
his behavior related to the mob attack on Congress on Jan. 6, 2021. Wednesday’s
lockdown was like a metaphor for the sense of security that Capitol workers had
lost since that day.
“I hate it here,” one junior staffer messaged
his friends as the threat was ongoing.
“This s— doesn’t get any easier,” a Republican
chief of staff messaged me back on a secure app.
“K Street looks better by the day,” a second
Democratic chief of staff replied when I did a quick check-in.
One of the most
under-appreciated background stories since Jan. 6, 2021, has been the
slow-boiling mental health crisis plaguing Capitol
Hill staffers—and not the ones you’d think. Mid-career staffers and younger
aides have never not known active-shooter drills in their
schools. Learning to hide in classrooms was simply part of the curriculum, and
now simply the way they go about their lives. “Always be ready to run,” a House
intern texted me, along with a picture of the sneakers she keeps under her
desk.
Yet for staffers over a certain
age—particularly those in their 40s, those of us who were leaving high school
around the Columbine shooting in the spring of 1999—this is all new. This
cohort is the one now leading staff in senior roles, and many of them are
especially having trouble adapting to this new dynamic.
Quantifying the impact is tricky, for sure.
But there are some metrics that are at the ready. In the year that followed the
Jan. 6 riots, 135 officers had left the 2,000-person Capitol Police force; a
year earlier, that number stood at 80. In 2017, there were fewer than 4,000
threats made against Congress. In 2021, that number skyrocketed to 9,600.
In the 30,000-person city within a city that
is the Capitol complex, the turnover numbers are only part of the story. One
former Democratic member of Congress who was at the Capitol that day but has
since retired has nicknamed their former place of employment Doom City: “Every
day was like attending a wake. The joy was gone, the celebration of service was
killed.”
Chiefs of staff had already noticed the
growing sense of unease, especially for their employees who were at the Capitol
for the attack, and now seem to be just waiting for it to happen all over again.
“Don’t ask Are you OK? unless you want a real answer,” a
Senate senior aide warned me earlier this week, even before the Capitol crashed
into lockdown.
Talk to any receptionist in a member’s
office—especially Democratic ones, but not exclusively—and they now always have
the right forms at the ready to report threats that come to the switchboard.
Some offices have just started sending everything to voicemail so they have
evidence of the belligerence. Republicans deemed insufficiently MAGA are spared
none of the wrath, and those still willing to downplay Jan. 6 keep a wide berth
in public lest they be latched to perceived traitors.
In the months that followed the riot, Capitol
Hill transformed from one of the most accessible places in the federal
government into a fortress on par with the White House. At one point, more
armed troops patrolled Capitol Hill than Afghanistan. Security
fences went up, and down, and up again. Heck, metal detectors were even installed just off the House floor to screen
lawmakers for guns. That’s how toxic and anxiety-demanding working on the Hill
had become.
And all of that unresolved trauma came rushing
back on Wednesday, 24 hours before Trump was set to return to another fortified
building just down the street and presumably plead not guilty over his role in
a tragic day that he continues to misrepresent. By the time the all-clear
message went across the Capitol complex, the nerves had frayed. Capitol Police
said it was likely a “bogus” call, but nonetheless went door to door
through all of the Senate office buildings just to be sure. Police then escorted staffers from the building, again just
to be sure. There was no indication of shots fired, injuries, or an ongoing
threat, but that is little consolation to the professionals on the Hill who had
to relive their Jan. 6 experiences during a week when many are already
struggling to put the trauma behind them.
This, right here, is why so many of the best
and brightest don’t want to log a few years on Capitol Hill. The drag on mental
health isn’t remotely worth it.
ATTACHMENT THIRTY FOUR – From GUK
‘THESE PEOPLE
ARE DIEHARD’: IOWA TRUMP SUPPORTERS SHRUG OFF INDICTMENTS
Many
in the state see prosecution of Trump as a Democratic political move – and they
say it will backfire
By Chris McGreal in Cresco, Iowa Sun 6 Aug 2023 03.00 EDT
From
his corner of rural Iowa, Neil Shaffer did more than his fair share to
put Donald Trump in the White House and to try to keep
him there.
Shaffer
oversaw the biggest swing of any county in the US from Barack Obama to Trump in
2016, and increased the then president’s share of the vote four years later.
But the chair of the Howard county Republican party is not enthusiastic at the
prospect of yet another Trump presidential campaign, and he blames the Democrats for driving it.
“Honestly,
the Democrats are shooting themselves in the foot with these prosecutions,” he
said. “Why is Trump doing so well? Because people feel like they are piling on
him. If this is the Democrats’ effort to make him look bad, it hasn’t. It’s
probably going to make him the [Republican] nominee and, honestly, he may win
the general election again. And then whose fault would it be?”
Pence would be ‘best witness’ in Trump electionconspiracy
trial, attorney says
After pleading not guilty on
Thursday to federal charges over his attempts to steal the 2020 presidential
election, Trump denounced the indictment as “a persecution of a political
opponent”.
“If
you can’t beat him, you persecute him or you prosecute him,” he said.
There
are plenty who buy that line in Iowa and the rest of Trump-sympathetic
America.
Ron DeSantis’s biggest donor to pull plug until campaign makes changes
With
Trump likely to spend a good part of the next year in one courtroom or
another, after being indicted in New York, Florida and Washington on an
array of charges and with more expected in Georgia before long, his supporters
are more than willing to believe it is a plot to keep their man out of the
White House.
One
of them is Tom Schatz, a Howard county farmer on Iowa’s border with Minnesota.
“They’re
bringing the charges against Trump so he can’t run against Biden. Biden is so
damn crooked. We’ve never had this kind of shit in this United States, ever,”
he said. “Democrats are gonna keep riding [Trump’s] ass and bringing shit up
against him. They don’t quit. They just don’t like him because he’s draining
the swamp, and they don’t like that.”
Schatz,
like many Trump supporters, sees the prosecutions as part of a pattern of
establishment attacks, from Congress twice impeaching the then president to the
FBI’s investigation into alleged ties between Russia and his 2016 campaign. The
same message is hammered home on rightwing talk radio stations that are often
the background to the working day in rural America.
On
the day of Trump’s arraignment, Buck Sexton, a former CIA analyst on AM 600 WMT
in Iowa, was energetically telling his listeners, without irony, that the
prosecutions undermined confidence in the electoral system.
“We
are up against something we have never dealt with before,” he said. “They don’t
care how reckless this is, the Democrats. It doesn’t bother them the disruption
that they are doing to faith in the judicial system, faith in our elections,
something that he’s talked about all the time. How can you have a fair election
when one candidate has soon to be four criminal trials against him?
Specifically timed to happen during the election.”
Some
support drained away to the Florida governor, Ron DeSantis, after several
prominent candidates backed by the former president lost in the midterm
elections last November. For a while, polls put DeSantis ahead of Trump in a primary matchup. Shaffer
said his county party was split, although at the time he still thought Trump would win because his supporters had more energy
and commitment.
“Now
I think it’s even more so. When I speak up for DeSantis at our Republican
monthly meeting, these people wearing their Trump hats don’t want to hear it.
It’s such a foregone conclusion. Trump is going to get the nomination easily,
whether he’s in a jail cell or in the courtroom. These people are that
diehard,” he said.
Shaffer
sensed the renewed vigor in Trump’s campaign when he met the former president
days before the latest indictment, at the Iowa Republican party’s annual
fundraising Lincoln Dinner. Trump was among 13 candidates there to argue their
case before meeting party activists one on one. So was his former
vice-president, Mike Pence.
“I
feel bad for Pence because there were 500 people in line to see Trump and there
were literally five people in the room for Pence,” said Shaffer. “Trump has
that connection. Most of our group was there just to meet him.”
Shaffer
said the line to see DeSantis was longer than for Pence but nothing like the
one for Trump, which he took as further evidence that the rightwing Florida
governor’s moment had passed and that the the prosecutions helped revive
Trump’s candidacy.
“I
think DeSantis is awesome. I think he’ll make a great president someday. But as
long as Trump is running, there’s no way he’s gonna get the nomination,” he
said.
The polls back Shaffer’s view. But
among some Howard county voters, support for Trump is more ambivalent.
Tom
Schatz’s son, Aaron, was a reluctant Trump voter in 2016. He voted for Obama
but didn’t like Hillary Clinton. He was much more enthusiastic about Trump four
years later but has cooled on him since.
For
all that, Schatz believes the former president is the victim of a political
conspiracy.
The
dairy and corn farmer said he was more concerned about inflation, rising
interest rates and falling prices for his milk than the details of the 45-page indictment laying out Trump’s attempts
to overturn the 2020 election. He preferred to see the charges as evidence of a
double standard in which the Washington establishment failed to properly
investigate Hillary Clinton or Hunter Biden for alleged crimes.
Asked
about Trump’s part in the January 6 storming of the Capitol, Schatz brushed it
off as a bad thing but not very different from what he said were Democratic
politicians encouraging the protests and riots that followed the killing of
George Floyd three years ago.
“They
burned down Minneapolis. Were they prosecuted for that?“ he asked. “Trump acted
poorly when he lost, I’ll give them that. But they’re just out to get anything
they can on him. Part of me thinks that all they’re going to do is unite the
Trump followers. I think they’re doing more harm than good.”
Shaffer,
too, is not persuaded by the detail of the indictment.
“I
still don’t like a lot of what Trump was doing, a lot of what he was saying.
People know he didn’t handle himself very well from election day through
January 6. But does it rise to the level where he should go to jail because he
said something in a phone call? I think we’re more adult than that,” he said.
Suspicions
about the barrage of indictments even extends to the chair of Howard county’s
Democratic party, Laura Hubka, a US navy veteran and ultrasound technologist at
the city’s hospital who has no like of Trump.
“I
think that they’re going after him because he’s running,” she said. “Did he
break laws and is he a bad guy? Yeah. But I think if he just went into the
sunset, and blathered on Truth Social, maybe they would just have left him
alone. But once he ran again, people thought he’s popular enough to win again
and we need to do something to stop him. They had to do something, I guess.”
The
impact of Trump’s coming trials, and the evidence they lay bare, remains to be
seen. But it might be expected that while diehard supporters will remain loyal
through it all, those who voted for him once but then swung to Biden four years
later have little reason to switch back.
Trump
was defeated by 7m popular votes and 74 electoral college ballots in 2020, and
some Democrats are calculating that he will struggle to overcome that deficit
with the additional baggage of indictments, trials and possibly even prison
time.
Yet the polls show the US’s two most recent presidents tied, including in key swing states
such as Michigan.
Finally, three reasons for Donald Trump to be afraid: a courtroom, a jury
and the truth
“Every
time they indict him, he goes up in the polls,” said Shaffer. “I think the
Democrats are so arrogant. Some of the liberals believe that, just like they
did in 2016, he’ll never be elected, he’ll never get in again. Don’t be too
sure about that.”
For
her part, Hubka cannot believe that the polls are that close even if the
election is more than a year away.
“I
feel like he could be running from prison and it’ll still be a tight race
with Joe Biden. That’s what scares me,” she said.
Which
raises a question about why the Democrats are not doing better in a former
stronghold like Howard county.
Shaffer
says Howard county is doing well in many ways, and thanks to Biden. He said the
presidents’s Inflation Reduction Act has pumped money into the county, paying
to renew infrastructure, including bridges and roads. Shaffer’s conservation
work for the state is well funded thanks to the federal government, and that
brings financial benefits to farmers. In addition, the push for green energy
has resulted in a proliferation of very profitable windmills.
“We’ve
got a lot of windmills around here and it’s a huge benefit. Each one of those
is valued at a million dollars and we’re able to tax them and it puts money in
our budget so we can build bridges and roads and have money for the schools,”
said Shaffer.
“I’ve
got one of my farmers has four windmills and all the roads and lines. He gets
$185,000 a year from it. He built a new home. He’s got new tractors. The whole
northwest part of the county used to be a more depressed area. The windmills
pumped in a lot of money “
Shaffer
is surprised that, with so many Republicans denouncing renewable energy, the
Democratic party isn’t making more of an effort to claim credit for the
benefits in Howard county.
Hubka
blames the Democratic national leadership, which has been accused of overly
focusing on parts of the country where a majority of the residents have a
college education, unlike rural Iowa.
“They
need to get some balls, be more bold. I also feel like they just are writing
off the rural counties,” she said.
But
Hubka is still there, campaigning and waiting to see what happens if Trump goes
to prison. She bought a gun before the last election because of so many threats
from Trump supporters.
“I
was really very scared that I was going to get shot or hurt. It’s calmed down a
bit in that sense. But who knows what happens if he gets thrown in jail,” she
said.
Around
the corner from her hospital, a flag hanging outside a house might be read as a
warning: “Trump 2024. The rules have changed.”
ATTACHMENT THIRTY FIVE – From
the Washington Post
IN AN ATLANTA SUBURB,
AMERICAN REALITIES COLLIDE OVER TRUMP’S INDICTMENT
Trump has changed the lives of Jenny Peterson and
Jerry Ramsey. But they inhabit opposite poles in a divided America.
By Sarah Ellison and Greg
Jaffe August
6, 2023 at 6:00 a.m. EDT
MARIETTA, Ga. — Hours after former president Donald Trump was indicted for
trying to overturn the 2020 election, Jenny Peterson was heading off to pick up
Mexican food for her family. She’d tried to cut back on listening to the news
in the car in favor of soul music. Politics left her too angry and agitated.
But on this night, the news was too big to
ignore.
Peterson, 55, listened to NPR and flipped over
to Fox News on her satellite radio to see what the other side was saying. She
believed that so many of America’s core institutions were failing under the
pressure of the former president and his followers. Convicting Trump wouldn’t fix those problems. But it was
an essential first step.
“It’s important to me as a mom that my 16- and
14-year-old will see this one thing happen,” Peterson said. “Things will be
improved when someone who has committed crimes in plain sight is held
accountable.”
A few miles away, Jerry Ramsey, 79, was
finishing up a landscaping job for the company he owns and heading home for
dinner with his wife, Carolyn. She usually kept Fox News on in the background,
but Ramsey didn’t feel the need to learn the intricacies of the case against
Trump. As he saw it, the 45-page indictment was just another effort to tear
down the country he, a Vietnam vet, had worked so hard to defend.
“They just dream stuff up,” he said. “They
just keep coming after him.”
Peterson and Ramsey share a few things in
common:
Both of their lives have been forever altered
by Trump. His presidency has driven them to advocacy and enriched their social
circles with new, like-minded friends.
Both live in Cobb County, a politically
contested Atlanta suburb in a state at the center of the legal battle over the
2020 election. The latest Trump indictment detailed the former president’s attempts
to strong-arm Georgia officials, with a separate, Georgia-specific
indictment possible later this month.
And both believed that the legal proceedings
and the 2024 election would finally render a judgment not just on Trump the man
but on the future of America’s democracy.
The two Georgians, though, inhabited opposite
poles in a divided America. They voted differently, took in information through
different outlets and had radically different views of the threats to the
country’s democracy.
It had been eight years since Trump first
seized the American political spotlight. Two and a half years since he left
office. Nine months since he declared his campaign to win back the White House.
If anything, it felt as though the two sides —
those appalled by Trump and those who adore him — were growing ever more
suspicious of each other. The divisions were reflected in opinion polls, which showed that Americans held
diametrically opposite views of whether Trump should face criminal charges for
his role in the attack on the Capitol. And they were reflected in the lives of
Peterson and Ramsey.
On the day Trump was arraigned for his alleged
crimes, they were living in close proximity but inhabiting separate political
worlds and drawing radically divergent conclusions about the state of their
nation. Trump’s coming trials and the November 2024 election seemed certain to
escalate the tension.
The poles of American politics were on a
collision course.
Ramsey woke up and, as he did almost every
morning, turned on “Fox & Friends,” the popular show that starts the
morning for many Republicans. On this Thursday, Trump was flying to D.C. from
his Bedminster, N.J., estate. Sitting in his red armchair, Ramsey was already
decked out for the day in his Trump 2024 hat and rubber Trump bracelets.
When conservative commentator Mark Levin
appeared on screen, Ramsey picked up the remote and turned up the volume.
“This indictment is crap!” Levin bellowed.
“They went after him before he was elected, they went after him when he was
elected, they went after him during the four years of his presidency, and
they’re going after him now.”
“He gets so excited!” said Ramsey’s wife,
Carolyn, who was sitting across from him.
Levin was the angriest voice of the morning
and the person Ramsey most wanted to hear. He spoke to Ramsey’s sense of
outrage and fear for the country.
Ramsey was among Trump’s earliest outspoken
supporters in Cobb County, which had long been a Republican stronghold but,
like many growing suburbs in America, was increasingly trending toward
Democratic control.
Ramsey had felt the magic and energy of
Trump’s early rise as a candidate in 2015. He served in the Army in Vietnam and
ran a series of small businesses, including his current venture as a
landscaper. He liked that Trump was a fellow businessman, but what really drew
him in was the energy and dedication of the crowds that rallied to him.
“That first summer there were twelve of us,
and by the end, it was up to 300,” he recalled of the campaign’s active
supporters in Cobb. He remembers the first time he climbed aboard a bus adorned
with Trump’s campaign logo in early 2016 and headed to the Daytona 500. A local
owner of a charter bus company had taken one of his buses and decorated
it with Trump’s name as part of a freelance effort to support the candidate.
Ramsey awoke that first early morning in
Florida to 100 people standing outside the bus, ready to buy the MAGA baseball
caps he and his friend had brought down to sell. They didn’t stop until after 7
p.m.
“I know exactly what it is to be a rock star,”
he said. “Stop the bus anywhere in the southeastern United States and within
five minutes, there would be 50 people there.” Other trips on the bus followed,
and he and the owner became close friends.
More than seven years and 38 Trump rallies
later, Ramsey is a regional supervisor for the Cobb County Republican Party,
overseeing 16 precincts. As the 2024 election approached, he was determined to awaken others to the dangers he believed the
country faced — which he described as deep-state globalists and a broken election
system that was subverting the will of the American people. Trump, he was sure,
had the unique ability to stop them. Some days he wondered why more people weren’t putting in the hours for Trump.
After listening to Levin’s burst of anger —
which reflected his own frustration — he started to go over his notes for a
coming meeting with his precinct captains. He wanted to help them hone their
own messages with potential voters, downplaying abortion and religion and
hitting harder on the issues he thought were most important to Americans:
inflation, the border and what he characterized as liberal ideology in schools.
The solution to all those issues, he believed,
was Trump, who had built a movement of true believers who saw the world just as
Ramsey did.
Nothing had dissuaded him from that
conviction, not even the riots on Jan. 6, 2021, at the Capitol. He had listened
to Trump’s speech on the Mall that day and even walked toward the Capitol with
the angry crowd. But he was feeling cold and tired, he said, so instead of joining the protesters
at the steps of the Capitol, he went to Starbucks. His memory of that day is of
a peaceful protest.
“I didn’t see any violence,” he said. To
Ramsey, it was inconceivable that his fellow Trump supporters would have
ransacked the Capitol, so he blamed the violence on shadowy outside groups.
Around 11 a.m. on Thursday he headed out to meet a friend who was a
fellow veteran and one of those first dozen early Trump supporters in Cobb.
They began to discuss an issue they believed was critical if Trump was going to
prevail in 2024: They needed to replace electronic voting machines in the
county with paper ballots.
The federal indictment filed Tuesday was full
of examples of Trump’s advisers telling him that there were no major irregularities or fraud in the 2020 election.
Numerous expert and legal reviews had come to the same conclusion.
But no one Ramsey listened to took the
indictment seriously, and Ramsey had almost no interest in what was in it.
“They don’t have a case against him,” he said to his friend, “and they’re going
to eat their words.”
As Trump was making his way to the courthouse
just down the street from the U.S. Capitol on Thursday afternoon, Peterson was
sitting down to lunch with Tamara Stevens, one of her closest friends and a
woman she would never have met if not for the Trump presidency.
She and Stevens felt the same sense of horror
on election night in 2016 and vowed to get involved in local politics. Their
opportunity came when Trump nominated their congressman to be his Secretary of
Health and Human Services in early 2017, opening up a House seat.
Like scores of women in their suburban
neighborhood, they rushed to volunteer for Jon Ossoff, who they believed could
be a small but significant check on Trump’s power. He narrowly lost the House race but won a U.S. Senate seat in Georgia in 2021. “We were all finding
each other,” she said. “And we were all for the same thing.”
Peterson and the friends she met working on that
race called themselves “the resisters.” She lost a few old friends who were
Republicans. “Trump and 2016 broke us,” she said. But her new friends more than
took their place. Together they volunteered for Democratic candidates up and
down the ballot. When Trump visited Georgia in 2018, they shouted and waved
signs at him. “I am a witch on a hunt for JUSTICE!,” Stevens’ sign read.
During their lunch, Peterson and Stevens
picked at their salads and talked about the prospects of Trump going to jail.
“It’s hard to get your hopes up,” Peterson told her friend.
“He might be walking around with an ankle
bracelet,” Stevens replied.
“Cholesterol could be our best option,”
Peterson said.
“Burger King is going to take him out before
the justice system ever does,” Stevens joked.
Around 3:30 p.m. Peterson headed off to the
high school where it was her day to drive carpool for her two teenage kids and
their friends, who rushed into her minivan as a thunderstorm erupted. She
worked from home for her husband, who is a financial adviser, a job that gave
her the freedom to be around for her children and came with a duty, she
believed, to give back. “We’ve been soaked in grace and privilege,” she often
told her children.
In the early years of the Trump presidency,
Peterson would call her lawmakers from the car to object to Trump’s policies
and plead with them to take a stand.
She phoned former senator David Perdue’s
office so often that her 16-year-old daughter can still recite the message on
his old answering machine from memory: “Thank you for calling Senator David
Perdue, I can only do my job by listening to you.”
Now Peterson wondered if all of those calls had been
“useless.” Sometimes she wondered where she could make the most difference
fighting back against the forces she believed that Trump had unleashed. She
talked about ways to pressure the school board to change the name of her
children’s high school, which had been named in the 1960s after a Confederate
general.
On this day, NPR was playing on her car radio
and a reporter was announcing that Trump had arrived at the courthouse. It was
his third felony indictment this year, following his arraignments on separate
charges in Florida and New York. Trump has pled not guilty to all charges and
has claimed he is being persecuted by his opponents.
“Third time’s the charm,” Peterson said under
her breath.
Trump has been indicted before. Historians say this time is different.
In the early days of Trump’s presidency she
and her friends were fueled by the same sense of outrage and mission. These
days they text as much about their kids, their husbands and their days as they
do about politics.
Even if Trump was sent to prison, Peterson
believed that the threat of Trumpism remained. At the state level, his
followers were passing laws to restrict abortions. They were changing election laws and redrawing
legislative maps to limit the Democrats’ growing power in
Georgia, Peterson said. In Cobb County, they were banning the teaching
of critical race theory and, in at least once instance, disciplining a teacher who read a book to her class that they
didn’t like.
All of her “resister” friends were taking up different
causes. “Everyone has their own most important thing,” she said. After seven
years, some had taken a break from politics. One thing that hadn’t changed was
the threat, Peterson believed. “We live in precarious times,” she said.
On opposite sides of Cobb County, Ramsey and
Peterson were sitting down for dinner at the end of another long day in which
they’d both been thinking about Trump and the future of the country’s
democracy.
Ramsey, his family, and the head of the
county’s Republican Party had met up at a local barbecue restaurant. He was
still wracking his brain for ways to motivate his fellow Republicans to turn
out for Trump and show them what was really at stake in 2024.
He floated an idea to the GOP chair: Maybe the
answer was to invite someone who could provide proof that the election was
stolen. Douglas Frank, a high school math teacher with a chemistry doctorate,
had been making the rounds nationwide, evangelizing that he had an algorithm
that proved that 2020 was rigged. His theories had been widely discredited, but
Ramsey believed them.
“We have to bring back Dr. Frank,” Ramsey
said.
The truth about election fraud: It's rare.
Peterson was defrosting some fish for her
family’s dinner when a text message from her niece in D.C. appeared on the
phone. She had been standing with the crowd outside the courthouse where Trump
had been arraigned hours earlier.
“Did you see the big orange pumpkin?” Peterson
asked her.
“No,” she replied. “Too many vehicles.”
Peterson then checked to see if any of her
friends were talking about Trump. They weren’t. “People are living their lives.
They aren’t worried about this guy,” she said. “That’s good.” Her children were
doing their math homework. PBS NewsHour was playing on her television.
“This is not that significant to me,” she said
of Trump and the indictment.
But she also couldn’t look away or stop
thinking about the prospect of another Trump presidency and the damage she felt it would do to the country. On NewsHour,
William P. Barr, Trump’s former attorney general, was talking about his
unfitness for the presidency. Peterson looked at Barr with disgust, thinking of
all the moments when he had protected Trump.
“What did you do about it?” she yelled at the
television.
ATTACHMENT THIRTY SIX – From
the Washington Post
Donald Trump’s
relationship with Fox News grows more complex
Analysis by Philip
Bump August 2, 2023 at 5:01 p.m.
EDT
Donald Trump spent the hours after his indictment on
Tuesday ensconced in the safest space he could muster. He was at his private
club in Bedminster, N.J., and dining with two of his most important supporters:
the CEO and the president of Fox News.
The former president’s
dinner engagement with Jay Wallace, the president, and Suzanne Scott, the chief
executive, was reported by the New
York Times on Wednesday afternoon. The timing was almost certainly
coincidental; I have not dined with senior executives of a cable-news
juggernaut, but I assume such things are arranged over days and not hours. But
it is evocative. In that moment of unusual turmoil, it was Fox News and Trump,
breaking bread.
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Bump
Sean Hannity was
supposed to be there, the Times’s Jonathan Swan and Maggie Haberman report, but
he was otherwise engaged on Trump’s behalf, hosting his 9 p.m. program on the
channel. A central focus of the evening’s program, naturally, was rebutting the
allegations made by special counsel Jack Smith and rising to the defense of his
friend Donald.
“Let me be very clear at the start
here tonight,” he said to begin his show. “This is an incredibly weak,
baseless, convoluted indictment. It is bizarrely centered around what is
clearly protected speech. Zero criminal statutes, because there are none that
were applicable that are actually written into law.”
A bit later, he
declared that the indictment was “a political persecution through and through.”
It’s not worth
evaluating Hannity’s claims, though it’s obviously and immediately the case
that his assertion that the indictment centers on “zero criminal statutes”
makes no sense. What’s important is that Hannity was engaged in doing what Hannity
has done for Trump for some eight years now: defending the former president and
framing the day’s news in ways that benefit him.
Back at Bedminster, the conversation was
reportedly centered indirectly on the same instability that has defined the
Fox-Trump relationship since Election Day 2020, the tug-of-war over their Foxd audience. In the immediate aftermath of
the election, Fox embraced the reality of Trump’s loss, only to see the
then-president savage their coverage and stars, sending some of his most
die-hard backers to fringe-right networks. Fox News began giving more space to
his unfounded accusations of fraud, a decision that proved costly, quite literally.
Since then, Trump has sporadically attempted
to reshape Fox News’s coverage by criticizing what he sees on its airwaves. As
he was gearing up his criticism of Florida Gov. Ron DeSantis this year, his
strongest opponent for the 2024 Republican presidential nomination, Trump would
blast Fox News for what he presented as inappropriately generous coverage of
the governor. He encouraged his supporters to look elsewhere for news.
It was Fox News that reportedly sought Tuesday’s
dinner. Trump has been flirting with skipping the first presidential debate,
something that’s very much in keeping with his indifference to debating but
also serves as leverage on Fox, the channel that’s hosting the engagement. Fox
News is aware that a Trumpless debate would be a far less compelling one, and
not only for Trump supporters. Trump has been keenly aware of the value of his
participation for eight years now; more than once, he has used his
participation as leverage against cable channels back in 2015. In early 2016,
he even skipped a Fox News-hosted one.
According to Haberman and Swan, the dinner
ended without this issue being resolved. Trump did, however, offer at least one
bit of countervailing pressure, reportedly complaining about host Bret Baier’s
recent interview in which he asked Trump challenging questions. Trump’s
interviews on the channel are often ones facilitated by Hannity, in which the
questions are some iteration of “You did this thing that was good, don’t you
agree?” or “Joe Biden is bad, thoughts?”
There is another lingering issue,
though, one reported this week by the media
outlet Puck.
“[T]he former president has subpoenaed Fox
News for Tucker Carlson’s unaired interview with Steven Sund, the former U.S.
Capitol Police chief,” Eriq Gardner reported, “along with any communications
about that interview. The channel declined to comply.
Being familiar with this issue requires some
exploration of the murkier regions of right-wing theorizing. In an interview
with actor Russell Brand last month, former Fox host Tucker
Carlson said he’d conducted an interview with Sund shortly before his ouster
from the network.
“I had no thought in my head as I watched [the
Capitol riot] happen on television and in the subsequent weeks that U.S. law
enforcement or military agencies [had] anything to do with it. That never
crossed my mind,” Carlson said. “ … And then I interviewed the chief of the
Capitol Police, Steven Sund, in an interview that was never aired on Fox.”
He noted that Sund was not a partisan actor.
“And he said, ‘Oh, yeah, that crowd was filled with federal agents!’” Carlson
claimed.
At no other point has Sund made this allegation.
He did tweet about his aborted interview soon after Carlson was fired but made
no mention then of any such claim. Nor was this claim picked out of his memoir,
released this year — promotion for which was central to his appearance and his
tweet.
Carlson, of course, has readily embraced the
idea of government actors being present at the Capitol and is a central
promulgator of the debunked claim that a former Marine named Ray Epps played a
role in stoking the day’s violence. Epps is now suing Fox News for defamation.
Trump, though, seemingly believes that Fox is sitting
on this interview and that its release would aid his side in a lawsuit filed by
Capitol Police officers. According to Byers, Fox News’s response to Trump’s
subpoena was to suggest that he simply depose Sund himself — a fair point.
Fox News and the former president have been
deeply intertwined since soon after he first announced his candidacy. His
administration traded staff with both the channel and its parent company;
administration veterans often appeared on Fox’s payroll and some still do. Trump
was a Fox News fan, like many of his supporters, and the network’s coverage
often informed his worldview as president.
Since he left office — and in part because he
left office — the relationship has gotten more complicated. He wants frequent
softball coverage, explicit rejection of his opponents and the Carlson-Sund
interview. Fox wants his base to keep tuning in, including for that important
first debate.
On Tuesday night, Fox News’s
prime-time coverage was an hour-by-hour parade of defenses against
the third indictment. Trump, meanwhile, was dining in the comfort of his summer
home with Fox’s top executives, with all three parties trying to figure out how
to continue the symbiosis that served each side well from 2015 until January
2021.
ATTACHMENT THIRTY SEVEN – From
Fox
Trump indictment would ‘bulldoze’ the First Amendment
if it succeeds: Turley
Former
President Donald Trump was indicted earlier this week
The latest indictment of
former President Trump threatens to destroy the First Amendment and give the
federal government the unprecedented power to criminalize political lies,
constitutional law professor and Fox News contributor Jonathan Turley warned
Saturday.
Trump
was indicted this week on four charges related to Special Counsel Jack Smith’s
investigation into 2020 election interference and the Jan. 6 Capitol riot,
including conspiracy to defraud the United States. Trump pleaded not guilty to
all charges in a Washington, D.C., courtroom Thursday.
In
an op-ed for The Hill, Turley wrote that Smith’s indictment essentially charges Trump for spreading "lies that there had
been outcome-determinative fraud in the election," which he said is a
dangerous proposition for the First Amendment.
"In
order to secure convictions for this, Special Counsel Jack Smith would need to
bulldoze through not just the First Amendment but also existing case law
holding that even false statements are protected," he wrote.
Specifically,
Turley said Smith’s charges assert that Trump knew the statements he made about
the 2020 election were false and said if Trump does believe he won, "the
indictment collapses."
In
an effort to show Trump knew he lost legitimately, the indictment explains that
many people advised him that he lost. Turley said Trump sought out people who said he won but that he is allowed
to do this.
"Trump
is allowed to seek out enablers who tell him what he wants to hear,"
Turley wrote. "All presidents do this. (Joe Biden, for example, ignored virtually unanimous
legal opinion and relied upon a single law professor’s say-so to justify an
obviously unconstitutional executive action that later had to be
reversed.)"
Turley
also warned that successfully charging Trump in this way sets up the
"dangerous" precedent of giving the government the power to determine
what’s true and what isn’t.
"There
is no limiting principle to this indictment," Turley wrote in The Hill.
"The government would choose between which politicians are lying and which
are lying without cause."
Turley
said there is a "constitutional problem"
with trying to "criminalize lies" in this way. He said a 2012 Supreme
Court case, United States v. Alvarez, found that it’s unconstitutional to
criminalize lies and that the court recognized that ruling otherwise would give
the government "broad censorial power unprecedented in this court’s cases
or in our constitutional tradition."
"So,
even assuming that Smith can prove Trump lied, there would still be
constitutional barriers to criminalizing his false statements," Turley
wrote.
Turley
added that even if Judge Tanya Chutkan supports Smith’s case, "the Supreme
Court would likely balk at the criminalization of false political speech."
ATTACHMENT THIRTY EIGHT – From
@REDACTED
ATTACHMENT THIRTY NINE – From
France 24
Indictment puts Trump and democracy on trial
Washington (AFP) – Donald Trump's historic indictment for trying
to overturn the 2020 election paints a picture of a former president so
determined to hang on to power that he put the very foundations of American
democracy at risk.
Issued on: 02/08/2023 - 19:16
Trump's legal troubles have already thrust the
United States into uncharted territory, but the latest charges from special
counsel Jack Smith are in a different league.
While two previous indictments focused on hush
money payments to a porn star and hiding secret government documents, this one
lays out in compelling detail a complex plot with half a dozen conspirators to
effectively overthrow an elected government.
Adding even more weight to the case is the
fact that the 77-year-old real estate tycoon is seeking to recapture the White
House and holds a commanding lead in the race for the 2024 Republican
presidential nomination.
"The indictments of Trump are truly
historic in the sense that no US president or former president before Trump has
been indicted, much less charged with spreading lies regarding an
election," said Carl Tobias, a law professor at the University of
Richmond.
Richard Hasen, a law professor at the
University of California, Los Angeles, singled out the unique nature of the
legal case against a former commander-in-chief in stark terms.
"It is hard to overstate the stakes
riding on this indictment and prosecution," Hasen wrote on Slate.com.
"It is perhaps the most important indictment ever handed down to safeguard
American democracy and the rule of law in any US court against anyone.
"It's not hyperbole to say that the
conduct of this prosecution will greatly influence whether the US remains a
thriving democracy after 2024."
Smith, the special counsel, linked Trump's
actions following his November 2020 election loss to Democrat Joe Biden
directly to the attack two months later on the US Capitol, which he called an
"unprecedented assault on the seat of American democracy."
"It was fueled by lies," Smith said.
"Lies by the defendant targeted at obstructing a bedrock function of the
US government, the nation's process of collecting, counting, and certifying the
results of the presidential election."
'Darkest
hours'
Historian Jon Meacham, whose biography of
former president Andrew Jackson won a 2009 Pulitzer Prize, said the charges
against the twice-impeached Trump stem from what he called one of the
"darkest hours" in American history.
"What we haven't had before is a person
so powerful that they can bend the Constitution to the point of breaking,"
Meacham said on MSNBC. "(Trump) put fundamentally his own appetite, his
own ambition, ahead of everything else."
The 45-page indictment brought by Smith
charges Trump with conspiracy to defraud the United States, conspiracy to
obstruct an official proceeding and conspiracy to deprive Americans of a civil
right -- their votes.
The "criminal scheme," as Smith
described it, meticulously outlines the various efforts taken by Trump and his
unnamed co-conspirators to overturn the election results using accusations that
they knew were untrue.
"The purpose of the conspiracy was to
overturn the legitimate results of the 2020 presidential election by using
knowingly false claims of election fraud," the indictment says.
"Despite having lost, the Defendant was determined to remain in
power."
The plot allegedly included repeated attempts
to pressure vice president Mike Pence into throwing out Electoral College votes
at the January 6 joint session of Congress.
When Pence told Trump during a January 1
meeting he had no constitutional authority to do so, the president reportedly
responded by saying "You're too honest."
Trump and his co-conspirators are also accused
of submitting fraudulent slates of electors to Congress in a bid to reverse the
results in seven key states won by Biden.
Trump allegedly sought to enlist senior
Justice Department officials in his plot, telling them at one point to
"Just say that the election was corrupt and leave the rest to me and the
Republican congressmen."
The efforts culminated in a fiery speech by
the president near the White House on January 6 and the subsequent attack on
the US Capitol by his supporters, who were seeking to block the certification
of Biden's victory.
Trump, who has denounced the indictment as
politically motivated, is expected to make his first court appearance to answer
the charges before a US District Court Judge in Washington on Thursday.
ATTACHMENT FORTY – From
the Daily Beast
The Trump Indictment Has Team Putin Shaking in Their
Boots
‘EATING HIM ALIVE!’
Russian state media stars are panicking about how
the former president’s latest legal firestorm could ultimately hurt Moscow.
By Julia Davis Published Aug.
02, 2023 5:38PM EDT
Donald
Trump’s most ardent supporters in Russia appear to be shaken to
their core over his latest felony
indictment for attempting to overturn
the results of the 2020 U.S. election.
During his morning show Full Contact,
decorated state TV propagandist Vladimir Solovyov was aghast about the charges.
“I’ve never seen or heard of anything like it in my entire life! In America,
they are currently attempting to destroy Trump—and to do it unbelievably
fast!,” he said. “This sort of a thing never happened in American history!”
Solovyov’s guest, Russian pundit Dmitry
Evstafiev, wholeheartedly agreed, concluding that the prospect of future
negotiations between Moscow
and the U.S. government have now been crushed—and even going so far as
to suggest that the indictment could lead to all-out war with the U.S.
“These aren’t the elites or society with whom
you can negotiate! I’m starting to lean towards your point of view that a big
war is becoming almost inevitable,” he said. “Americans always thought they
could bypass the big war, but the more they keep doing this internally within
their own country... and if things related to Trump will continue the way
they’re going, we can surmise that their regime went from being authoritarian
to being totalitarian and I can tell you that they will not be able to escape a
big European war.”
Evstafiev complained about pro-Western
elements in Russia, and suggested without proof that certain groups in the
country are considering staging another coup at a time when the Kremlin is
vulnerable.
“All of our liberal pro-Western groups have
livened up! They say that something should be done, there should be a coup and
then they offer us something,” he said. “Who will offer it, these people, who
are trying to forcefully put their own former president in prison, with
violation of all norms and procedures? Do you really think that people who
don’t abide by their own written and unwritten rules will honor them towards
you? Have you totally lost your minds?”
Solovyov chimed in to criticize Trump for not
finishing off the Democrats when he had the chance: “He didn’t throw [Hillary]
Clinton in prison, he did not deal with the rest of them and now this clan is
eating him alive!”
In Evstafiev’s view, Trump is being prosecuted
solely because he had a real chance of winning in the upcoming presidential
elections.
“They were certain that no one would follow
Trump. They thought that Trump would be a disco dancer and he would dance disco
in front of the rednecks,” he fumed. “Meanwhile, they [the Democrats] would win.
Now they no longer have this certainty. This means that serious powers with big
money have committed to Trump! To them, Trump is a lesser evil than all the
rest. I understand these big money people! To have a moron as their president
is better than nuclear war.”
Evstafiev bemoaned the fact that only
middle-aged voters fear nuclear threats, apparently lamenting efforts by
Russia’s leading propagandists to terrorize Western populations into submission
through nuclear blackmail.
“It may lead to civil war.”
The duo concluded Trump’s only potential
solution for this problem would be to incite a civil war in the United States.
“He is practically [planning a civil war] already, at least he’s getting
close,” Evstafiev said.
Guests on the state TV show 60 Minutes reached
similar conclusions. Host Olga Skabeeva claimed not to understand the nature of
charges against Trump, describing them as “strange.” Alexander Gusev, a
contributor to the Russian Foreign Affairs Ministry magazine, predicted that
election-related conflicts, including the growing collection of indictments
against Trump, will trigger a civil war in the United States.
“The initiation of charges against the
ex-president, the 45th President of the United States Donald Trump,
demonstrates a crisis of the political system in the United States... This
internal conflict that is currently happening in the US is unnerving Americans.
They are very concerned, because it may lead to civil war,” he said.
Gusev’s solution was simple: “For us, it’s
very important to get the support of the global south, to create an
anti-Western, an anti-American coalition”—to which Skabeeva replied, “Let’s
bear in mind that we’ve started doing that already.”
ATTACHMENT FORTY ONE – From South
China Morning Post
Donald Trump indicted on 4 counts over efforts to
overturn 2020 election results
·
US federal indictment led by US Special
Counsel Jack Smith also makes reference to six co-conspirators, including a
Justice Department official
·
Trump has already been indicted
on federal charges concerning his handling of classified documents after
leaving the White House
By Robert Delaney I Published: 5:56am, 2 Aug, 2023
Former
US president Donald Trump was indicted by federal prosecutors on Tuesday
for his role in efforts to overturn the results of the 2020 presidential election, a move that puts Trump further into legal
jeopardy as he seeks a return to the White House in next year’s election.
The
front-running candidate for the Republican Party’s presidential nomination
posted on his Truth Social platform soon before news reports that an indictment
in the investigation led by US Special Counsel Jack Smith was imminent.
The
indictment included four counts: “Conspiracy to defraud the US; a conspiracy to
threaten the rights of others; a conspiracy to obstruct an official proceeding
before Congress; and obstruction of an official proceeding.
Trump
“did knowingly combine, conspire, confederate, and agree with co-conspirators …
to defraud the United States by using dishonesty, fraud, and deceit to impair,
obstruct, and defeat the lawful federal government function by which the
results of the presidential election are collected, counted, and certified”,
the indictment said.
US
Special Counsel Jack Smith details the latest federal indictments involving
former president Donald Trump on Tuesday in Washington. Photo: AP
“The
purpose of the conspiracy was to overturn the legitimate results of the 2020
presidential election,” it added.
Trump’s
campaign office issued a statement moments after news of the indictment,
asserting that the move was an attempt by US President Joe Biden to “interfere” with next year’s
election.
“This
is nothing more than the latest corrupt chapter in the continued pathetic
attempt by the Biden crime family and their weaponised Department of Justice to
interfere with the 2024 presidential election, in which President Trump is the undisputed
front runner, and leading by substantial margins,” it said.
Speaking
to reporters gathered at the Justice Department on Tuesday evening, Smith
called the January 6 attack “an unprecedented assault on the seat of American
democracy” and devoted much of his brief speech to law enforcement officials
who defended the Capitol in the melee.
Trump’s campaign finances are strained as legal peril mounts
“The
men and women of law enforcement who defended the US Capitol … are heroes,
they’re patriots and they are the very best of us,” he said. “They did not just
defend a building or the people sheltering in it. They put their lives on the
line to defend who we are as a country and as a people.”
The
federal indictment announced on Tuesday was the second that Smith’s office has
brought against Trump. In June, Trump pleaded not guilty to charges related
to 37 counts related to his handling of classified documents at Mar-a-Lago, his Florida residence,
after he left the White House.
Last week, Trump was hit with new charges in a superseding indictment, including one asserting that
he and two employees attempted to delete surveillance video footage at
Mar-a-Lago last year.
A
trial date in that case has been set for May 20, 2024, in Fort Pierce, Florida.
The
latest case provides more visibility into a wide range of actions Trump and his
supporters took to obstruct the legitimate transfer of power to Biden, who
defeated Trump by more than 7 million votes.
Trump’s bid to quash Georgia investigation rejected by judge
That
included the run-up to the January 6, 2021 riot at the US Capitol, when more than
2,000 people stormed the building in a bid to disrupt the certification of
electoral votes in Congress.
The
indictment included details of Trump’s attempts to pressure then vice-president
Mike Pence to refrain from certifying the election.
The
document quoted Trump as telling Pence that he was “too honest”.
Pence,
who is also running against Trump for the Republican Party nomination, issued a
statement calling the indictment “an important reminder”.
“Anyone
who puts himself over the Constitution should never be president of the United
States,” he said.
US
Congress certifies results of presidential election after Trump supporters
storm the Capitol
Ahead
of the indictment, Trump has regularly assailed Smith, the US Justice Department
and the FBI, claiming on Truth Social to be the victim of a “coordinated HOAX”
orchestrated by his enemies to rob him of a return to the White House.
The new indictment was only the latest development in Trump’s
legal battles. It follows an indictment against him in June for
illegally retaining reams of documents with highly classified intelligence and
obstructing attempts by US government officials to retrieve them.
The
indictment in the classified documents case, which included violations of the
Espionage Act, was the first issued to a former American president by the
federal government.
According
to charges in that case, Trump illegally retained reams of documents with
highly classified intelligence and obstructing attempts by US officials to
retrieve them. Additionally, he was said to have described a Pentagon “plan of
attack” and Foxd a classified map
related to a military operation with individuals who lacked security clearance.
‘Our last shot to save America’: Trump casts himself as best bet against
Biden
Trump has also been indicted in a state-level case in New York
related to his role in a payment scheme to cover up a potential sex scandal to clear his path to
the presidency in 2016. Trump has pleaded not guilty in that case as well.
In
yet another legal tangle this year, a civil court jury in New York found Trump
liable for sexually abusing magazine writer E. Jean Carroll in the 1990s and
then defaming her by branding her a liar; it ordered him to pay US$5 million in
damages.
Carroll’s lawyers filed an amended lawsuit against him seeking US$10 million in damages to hold him liable for
remarks he made after the verdict.
The
judge assigned to Trump’s latest case announced Tuesday, Tanya Chutkan, made
headlines in 2021, when she rejected Trump’s effort at that time to block a
House committee from accessing White House records related to his attempt to
overturn the 2020 election.
Ruling
that Trump had no authority to overrule Biden’s decision to waive executive
privilege that the former president was claiming and release the materials to
Congress, Chutkan said: “Presidents are not kings, and plaintiff is not
president”.
Trump
was ordered to make an initial appearance in federal court in Washington on
Thursday.
Trump
also faces a fourth criminal investigation by a county prosecutor in Georgia
into accusations he sought to undo his 2020 election loss in that state.
Fulton
County District Attorney Fani Willis has indicated she plans to bring charges
in that case within the next three weeks.
Additional
reporting by Reuters
ATTACHMENT FORTY TWO – From
CNN
Dark and sinister
rhetoric drenches right-wing media amid Trump indictments
Oliver Darcy, CNN
Published 9:24 PM EDT, Thu August 3, 2023
Millions of Americans are immersed in a
twisted world where language used to describe autocrats is being applied to
America’s democratic institutions.
The draconian rhetoric, once reserved for the
likes of tyrants and dictators, has become commonplace in right-wing media when
referring to President Joe Biden and the elected government he leads. The dark
and sinister language, normalized on mainstream conservative platforms such as
Fox News, has been on full display this week during coverage of Donald Trump’s
third indictment.
The Biden White House is referred to as the
“Biden regime.” Federal law enforcement are referred to as the “Gestapo” and
Biden’s “personal police force.” Institutions such as the Department of Justice
are referred to as “the Department of Injustice.” The indictments against Trump
are referred to as “political war crimes” and an “assassination.”
Talk of imprisoning Democratic politicians —
and even their families — in acts of revenge is par for the course. Even
floating the outright execution of Biden, as Charlie Kirk recently did, is
accepted in the warped world of MAGA Media, where the audience has been programmed
through years of conditioning to welcome such vile rhetoric into their homes.
None of this is an exaggeration. It is the
reality of what is being broadcast in millions of homes across the country.
It’s all part of a larger trend that has
dramatically disfigured the conservative media since Trump ascended to power.
With the aim of portraying progressives as an evil force in America, right-wing
media’s most popular figures and outlets have casually appended despotic terms
to Biden and his administration.
The extreme vernacular often flies under the
radar, drawing eye rolls from those outside this alternate universe and
receiving little media attention. But it shouldn’t. Language carries with it
serious consequences. And repeatedly conveying to millions of people that their
democratically elected leader is a tyrant out to nefariously use the force of
government to target and imprison his political opposition carries with it
great risk.
“I think it’s hard to overstate the dangers
here: This language moves beyond mere demonization because it suggests a need
for violent resistance,” Charlie Sykes, a former conservative talk-radio host
and an editor-at-large of The Bulwark, told me Thursday. “It’s language that
undermines the integrity, the democratic institutions, and the justice system
itself. And there’s a constant escalation without much concern where this leads
or who might act on the idea that our opponents aren’t just wrong — but evil,
dangerous, and illegitimate.”
Sykes smartly pointed out, “One does not
argue, debate or disagree with the gestapo.” Instead, “You go to war with
them.”
Each day gives way to
evidence that the fact-defying repetition is working. A CNN poll published Thursday found that
nearly 70% of Republicans and Republican-leaners said they believed Biden’s
presidential win was not legitimate, a staggering majority despite there being
no evidence of widespread election fraud. Perhaps more alarming, about half of
Republicans say they now have no confidence at all that elections reflect the
will of the people.
Arguably, the rhetoric saturating mainstream
right-wing media today is more extreme than the hyperbole used in the weeks
leading up to the insurrection at the US Capitol. In those weeks, just like
now, right-wing media forces set the stage and gathered the tinder for Trump —
who was happy to light a match to the gasoline-soaked kindling gathered before
him on January 6.
At the very least, the poison pumped into the
national discourse has maimed America’s
Foxd sense of democratic principles and contributed to profound
polarization, dividing neighbors, friends, and families. But in the wake of
Trump’s third arrest, over an attempt to topple American democracy, and
ever-intensified rhetoric, let’s hope history does not repeat itself.
ATTACHMENT FORTY THREE – From
the Washington Post
If Trump is convicted,
Secret Service protection may be obstacle to imprisonment
Donald Trump can keep Secret Service protection
for life, even if he were to be convicted and sentenced to prison or home
confinement
By Spencer S. Hsu, Carol D. Leonnig and Tom Jackman August 4, 2023 at 11:49 a.m. EDT
If convicted in any of the three criminal
cases he is facing, Donald Trump may be able to influence whether he goes to
prison and what his stay there looks like under a law that allows former U.S.
presidents to keep Secret Service protection for life, some current and former
U.S. officials said.
Presidents since 1965 have been afforded
lifetime protection. Since then, only Richard M. Nixon has waived it, as a
cost-saving move for taxpayers 11 years after his -resignation.
But unless he follows Nixon’s example, Trump could
force politically and logistically complex questions over whether officials
should detail agents to protect a former American president behind bars, leave
it to prison authorities to keep him safe, or secure him under some type of
home confinement, former U.S. officials said.
Could Trump face prison? “Theoretically, yes
and practically, no,” said Chuck Rosenberg, a former top federal prosecutor and
counsel to then-FBI Director James B. Comey. Rosenberg served briefly as head
of the Drug Enforcement Administration in the Trump administration and
notably said the president had “condoned police misconduct” in remarking to officers in Long Island
that they need not protect suspects’ heads when loading them in to police
vehicles.
“Any federal district judge ought to
understand it raises enormous and unprecedented logistical issues,” Rosenberg
said of the prospect Trump could be incarcerated. “Probation, fines, community
service and home confinement are all alternatives.”
Trump is now facing
three separate criminal cases, with the prospect of at least one more on the
horizon. He has a pending March trial date in a New York state fraud case. He was charged by special counsel Jack Smith in federal court in Florida over the
handling of classified documents that were taken from his Mar-a-Lago home after
he left the White House. In federal court in D.C., Smith’s team alleges Trump conspired to subvert the results of the 2020 election. He could soon be
charged in Georgia on similar allegations.
The charges Trump faces technically come with the possibility of
decades in prison — though pleas, verdicts and possible punishments are very
far off.
Mary McCord, who served as acting assistant
attorney general for national security during President Barack Obama’s
administration and led the department for the first several months under Trump, said Trump presents unique challenges to the Justice
Department. Ensuring some penalty for a former president
under Secret Service detail would require extensive discussions and potential
accommodations, “because it really would be a pretty enormous burden on our prison
system to have to incarcerate Donald Trump.”
The question is an open one at the U.S. Secret
Service. Asked whether a former president who does not waive protection can be
incarcerated, agency spokesman Anthony Guglielmi said, “The Secret Service does
not have a comment or response, only because there is no such policy or
procedure that currently exists.”
Former and current Secret Service agents said
that while there is no precedent, they feel certain the agency would insist on
providing some form of 24/7 protection to an imprisoned former president. And,
they say, the agency is probably planning for that possibility, seeking to
match to some degree its normal practice of rotating three daily shifts of at
least one or two agents providing close proximity protection.
“This question keeps getting raised, yet no
official answers” from the Secret Service, said Jonathan Wackrow, a former
Secret Service agent and now chief operating officer for Teneo, a corporate
advisory and communications firm. “However, we can infer how security measures
could be implemented based on existing protective protocols. Unless there are
changes in legislation or the former president waives protection, the U.S.
Secret Service would likely maintain a protective environment around the
president in accordance with their current practices.”
Current and former agents said Trump’s detail
would coordinate their protection work with the Federal Bureau of Prisons to
ensure there was no conflict about duties or about how they would handle emergencies,
as well as the former president’s routine movements in a prison — such as
heading to exercise or meals. The Secret Service, they said, would maintain a
bubble around Trump in any case, keeping him at a distance from other inmates.
“In some ways, protection may be easier — the
absence of travel means logistics get easier and confinement means that the
former president’s location is always known,” Wackrow said. “Theoretically, the
perimeter is well fortified — no one is worried about someone breaking into
jail.”
The Justice Department’s Bureau of Prisons
declined to say whether former presidents with Secret Service protection could
be incarcerated, or to comment on circumstances of a possible Trump
designation. However a spokesman said general factors can include the level of
security an inmate requires, any health needs, proximity to their release
locations and “separation and security measures to ensure the inmate’s
protection.” The bureau has had to handle VIP inmates in the past, though minimum
security camps often have dormitory style housing.
Another agency official said it was in a
position similar to the Secret Service, lacking a policy or procedure.
What would sentencing look like?
The prospect
of potentially decades in prison for Trump is politically
loaded, though the charges he faces could carry such a penalty. After entering a not-guilty plea in Miami
federal court on June 13, Trump claimed he was being
threatened with “400 years in prison,” adding up the statutory maximum penalty for the
37 counts against him. The charges he faces in D.C. related to his alleged
efforts to stay in power despite losing the election could add additional
decades, based on that math.
Judges almost never apply maximum penalties to
first offenders and rarely stack sentences rather than let them run
concurrently. However, federal sentencing guidelines are highly technical.
Specialists estimate that a first offender convicted of multiple counts of
willfully retaining national defense information and obstructing or conspiring
to obstruct an investigation by concealing evidence might face a range of
anything from 51 to 63 months on the low end — about five years — to 17½ to 22 years on the high end — or about 20 years, given Trump’s
alleged leadership role and abuse of trust.
Similarly, Jan. 6 riot defendants convicted at
trial of two on the same counts with which Trump is charged — conspiring to or
actually obstructing an official proceeding — have faced sentencing guideline
ranges as high as seven to 11 years, and as low as less than two years.
But judges always have the final say.
“Without question, if it were anyone else [but
Trump], prison would be a certainty,” said Thomas A. Durkin, a former federal
prosecutor who teaches national security law at Loyola University Chicago.
However, he said, “The Secret Service waiver issue is a novel and complex
issue” that could theoretically factor into an exception.
The Justice
Department has mounted at least a dozen investigations into the
removal or unlawful retention of classified information since 2005. Pentagon
employees, contractors and people employed by the FBI, the CIA and National
Security Agency have all been convicted and sentenced to prison. Among the most
recent, former contractor Harold Martin was convicted
in 2019 and is serving a nine-year prison term for taking home a huge number of
hard and digital copies of classified materials — the equivalent of 500 million
pages. And former FBI analyst Kendra Kingsbury was recently
sentenced to nearly four years in prison after taking home more than 300 documents,
including materials related to al-Qaeda and Osama bin Laden.
But other
high-ranking U.S. officials who pleaded guilty got probation, including
President Bill Clinton’s former national security adviser Sandy Berger in 2005 and retired U.S. Army Gen. David H. Petraeus, a former CIA
director, in 2015. Berger admitted to concealing and removing five copies of a
classified document from the National Archives, and was ordered to pay a
$50,000 fine and give up his security clearance for three years. Petraeus was
sentenced to two years of probation and fined $100,000 following revelations that
he shared some materials with his biographer and lover.
The acceptance of a plea deal is a crucial
consideration. In the only case of an American president or vice president to
be convicted of a crime, U.S. prosecutors involved in the federal bribery prosecution
that led to Vice President Spiro T. Agnew’s resignation in 1973 said prison time never
became an issue — because he entered a plea deal.
“It was clear from the very beginning that
there would be no deal if he had to go to jail,” recalled Russell T. Baker Jr.,
former Maryland U.S. attorney.
“We in the department debated with [attorney
general] Elliot Richardson whether or not we should insist on a jail term. But
Agnew [and] his lawyers kept saying — and we believed [them] — there would be
no deal then, so it never really rose as an issue,” Baker said.
Agnew, a former Maryland governor, received
three years probation and a $10,000 fine after agreeing to enter a plea to a criminal tax felony for failing to
report hundreds of thousands of dollars in bribes and kickbacks he received as
a county executive.
U.S. prosecutors have charged more than 300
people with obstructing Congress’s certification of the election, and those
sentenced after trial have received around three and a half years in prison on
average, although Army veteran Jessica Watkins,
an Ohio bar owner who stormed the Capitol in military-style formation with the
Oath Keepers, got eight and a half years. None who went to trial have escaped
prison time.
Neither a felony
conviction nor incarceration bar a candidate from running for president.
Trump leads a growing field of Republican candidates, and said
post-indictment he will not quit, “I’ll never leave.”
What are the complications of confinement?
“While it is unusual … the complexity of the
conditions of confinement could have an impact on the sentence a judge
imposes,” said Nancy Gertner, a retired federal judge and Harvard Law School
professor.
Gertner cited a body of law that allows a
judge to consider whether a frail defendant might be subject to abuse in
prison, and a case in which she recognized that a non-U.S. citizen would not
qualify for programs such as drug or mental health treatment.
Unlike Berger and Petraeus whose crimes appear
to be “one-offs,” Trump is accused of a “much more sustained problem,” she
said.
“On the other hand, there are the political
considerations, and the uniqueness of the case,” she added.
Gertner said the
Secret Service has handed off security duties in the past, such as when former
first lady Hillary Clinton was protected by State Department security as secretary of state.
The Secret Service can direct and oversee protection by others, assigning a
special detail to work inside the Bureau of Prisons, or potentially helping
prison officials enforce a custodial sentence at home — potentially such as at
Trump’s Bedminster, N.J., or Mar-a-Lago residences or elsewhere.
“Who knows how that would pan out?” Gertner
said. She added, “I think the answer would be, an accommodation could be made.
… The fact that there have been accommodations in the past for various
situations suggest there could be accommodations now.”
ATTACHMENT FORTY FOUR – From
CNN
@ REDACTED
ATTACHMENT FORTY FIVE – From
the Washington Post
Prosecutors cite
Trump’s social media posts as they seek limits on handling of evidence
The court filing outlines rules the government
wants Trump and his lawyers to follow during the discovery process
By Perry
Stein
Updated August 5, 2023 at 12:19 p.m.
EDT|Published August 5, 2023 at 12:58 a.m. EDT
The Justice Department urged in a
Friday-evening court filing that a federal judge in Washington impose firm
rules on Donald Trump and his attorneys as they review materials during the
discovery process for his trial, citing, in part, the former president’s
history of revealing details about cases on social media.
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The filing comes as the federal case centered
on Trump’s alleged efforts to overturn the results of the 2020 election gets underway. Trump pleaded not guilty Thursday to four crimes that the
government has accused him of committing, including scheming to disrupt the
election process and depriving Americans of their right to have their votes
counted.
The government and Trump’s lawyers are working out proposed rules to which the
former president and his legal team must adhere when they review evidence materials
during the discovery process — when the defense team reviews all the evidence that
the government has collected in the case. It is a standard part of the legal
process, and a judge must sign off on the agreement. Evidence that is handed
over in the discovery process includes grand jury interviews, recordings and
materials obtained through sealed search warrants.
The government’s proposed agreement — called a
protective order — dictates that Trump and his lawyers not disclose any of the
materials they receive during the discovery process to people who are not
authorized by the court to have knowledge of the materials. Mar a lago!
Prosecutors said that while the agreement is not
stricter than ones in standard criminal cases, it is particularly important in
this case because Trump has posted about judges, lawyers and witnesses involved
in the multiple ongoing cases in which he is a defendant.
Tracking Trump indictments, investigations
The filing includes an image of a threatening
post that Trump wrote on the Truth
Social platform earlier
Friday afternoon, apparently in reference to the D.C. case, that reads: “IF YOU
GO AFTER ME, I’M COMING AFTER YOU!”
“If the defendant were to begin issuing public
posts using details — or, for example, grand jury transcripts — obtained in
discovery here, it could have a harmful chilling effect on witnesses or
adversely affect the fair administration of justice in this case,” reads the
filing, signed by special counsel Jack Smith.
The filing also states that Trump and his
attorneys should be barred from writing down any identifying information about
people involved in the case.
U.S. District Judge Tanya S. Chutkan, who is
presiding over the case, ordered Trump’s defense to respond to the government
request by 5 p.m. Monday, including any changes they propose.
In response, the Trump campaign issued a
statement early Saturday saying the social media post cited by the government
was aimed at the former president’s political critics in the Republican Party.
“The Truth post cited is the definition of
political speech, and was in response to the RINO, China-loving, dishonest
special interest groups and Super PACs,” the statement said, referring to Club
for Growth and the politically active and deep-pocketed network funded by the
billionaire industrialist Charles Koch.
Trump has previously posted disparaging
comments on social media about the federal investigations into him and about
Smith, the prosecutor leading those cases. Trump has called Smith “deranged”
and a “psycho” and said he “looks like a crackhead.”
Devlin Barrett and Spencer S. Hsu contributed
to this report.
ATTACHMENT FORTY SIX – From GUK
DONALD TRUMP: THREATENING SOCIAL MEDIA POST FLAGGED BY
PROSECUTORS IN COURT FILING
Prosecutors
have asked ex-president be banned from sharing evidence with unauthorized
people after post on Truth Social
By Edwin Rios Sat 5 Aug 2023 12.35 EDT
Federal
prosecutors asked a judge on Friday for a protective order limiting what Donald Trump and his team can say about the criminal
case against him, citing a social media from the former president stating: “IF
YOU GO AFTER ME, I’M COMING AFTER YOU!”
A
Trump spokesperson said in a statement late
Friday night that the ex-president’s post was the “definition of political
speech” protected by the constitution’s first amendment and that it did not
have to do with the criminal case. Instead, it was directed toward interest
groups.
Prosecutors’
request for the protective order came a day after Trump pleaded not guilty to charges that he orchestrated a criminal
conspiracy to forcibly overturn his 2020 election loss to Joe Biden which
culminated in his supporters’ January 6, 2021 attack on the US Capitol. Trump
had also sworn in court that he would not intimidate witnesses.
In
the court filing, the office of US justice department special counsel Jack
Smith argued that the sought restrictions were “particularly important” in the
case because Trump had a history of using social media to post statements
“regarding witnesses, judges, attorneys and others associated with legal
matters pending against him”.
Smith’s
office requested that Trump’s attorneys be barred from sharing copies of grand
jury interviews and other “sensitive” material handed to them as part of the
legal process known as discovery. The office also asked that the protective
order be imposed before Trump’s attorneys had a chance to weigh in.
The
judge gave Trump until 5pm local time Monday to respond to prosecutors’
request.
Prosecutors
warned that if Trump Foxd public
statements stemming from discovery material, “it could have a harmful chilling
effect on witnesses or adversely affect the fair administration of justice in
this case”.
Judges
in other ongoing criminal cases against the former president have warned him against
his public comments. At a court hearing in New York in April, state judge Juan
M Merchan told Trump to not make comments “likely to incite violence or civil
unrest” after the former president took to Truth Social and alluded to
potential “death and destruction” if he was charged with a crime.
Merchan,
who Trump has called “a Trump-hating judge with a Trump-hating wife and
family”, is weighing the state’s prosecution of the former president for
allegedly falsifying business records to hide hush money payments to porn star
Stormy Daniels.
Trump
also faces federal charges in Miami for his alleged illicit hoarding of
classified documents after leaving the Oval Office. Trump has pleaded not
guilty to those cases as well.
The
former president faces a possible fourth indictment in Georgia, where Atlanta
prosecutors have been investigating his efforts to overturn the 2020 election
results there. He could face charges of racketeering and multiple state
election crimes, including engaging in a conspiracy to commit election fraud,
the Guardian has reported.
This afternoon, he “complied” with minutes
to go before 5 PM, but essentially told Jack Smith and Judge Upadhyaya to go stuff it because political speech
is protected by the First Amendment.
There will be lawyers. - DJI
ATTACHMENT FORTY SEVEN – From
the Washington Post\
House Democrats push for televising Trump trials on
classified documents, 2020 charges
Trump’s lawyer has also called for cameras in
the courtroom
By John Wagner Updated August 4, 2023 at 3:24 p.m.
EDT|Published August 4, 2023 at 9:42 a.m. EDT
About three dozen House Democrats, led by Rep.
Adam B. Schiff (Calif.), are calling for televising the federal trials of
former president Donald Trump on charges related to the 2020 election and the
retention of classified documents.
In a letter to Judge Roslynn Mauskopf, who
oversees the administration of federal courts, the lawmakers argued that the
move would bolster public acceptance of the outcome.
“Given the historic nature of the charges
brought forth in these cases, it is hard to imagine a more powerful
circumstance for televised proceedings,” said the letter, dated Thursday. “If the public is to fully
accept the outcome, it will be vitally important for it to witness, as directly
as possible, how the trials are conducted, the strength of the evidence adduced
and the credibility of witnesses.”
A spokeswoman for Mauskopf’s office did not
immediately respond to a request for comment.
While cameras are common in state and local
courtrooms, they are generally not allowed in federal courtrooms. The Judicial
Conference of the United States, the policymaking body for the courts, has
allowed some pilot programs in recent decades focused on civil cases. Lawmakers
in both parties have unsuccessfully pushed legislation to allow more
transparency.
During the pandemic, court policies were
loosened, with some federal courts using Zoom for hearings and live-streaming
audio of oral arguments.
A lawyer for Trump has also suggested that
they would like the expected trial on 2020 election-related charges to be
televised.
Last month, after Trump revealed that he had
received a target letter from special counsel Jack Smith, Trump attorney John
Lauro said he would welcome additional transparency.
“I would hope that the Department of Justice
would join in that effort so that we can take the curtain away and all
Americans can see what’s happening,” Lauro told Fox News.
A spokesman for Smith declined to comment about the
prospect of televised proceedings.
The federal
district court in Washington where Trump is likely to be tried on
election-related charges has never allowed cameras.
Opponents to
cameras in the courtroom argue that they can be disruptive, intimidate witnesses
and cause judges and jurors to lose their relative anonymity.
Jordan Singer, a
law professor at New England Law in Boston, said the Judicial Conference has
been wary of cameras for fear they could influence the behavior of people in
the courtroom and that the media might use snippets of the proceedings taken
out of context.
“Allowing video in the Trump cases
increases both of these risks substantially,” Singer said in an email. “The
Judicial Conference does not want a solemn criminal proceeding to be turned
into a circus, inside or outside the courtroom. Or if a circus atmosphere is
inevitable, at least they don’t want to contribute to it.”
One possible
compromise, he suggested, would be to provide a live stream that is entirely
under the court’s control. By doing so, Singer suggested, the court could place
cameras unobtrusively and “lower the risk of intimidation or pandering” while
making it possible for interested citizens to follow the entire proceeding in
context.
Gabe Roth,
executive director of Fix the Court, a group that advocates for more openness
and accountability from federal courts, argued that televising the Trump trials
would be a positive because “more access to primary sources is always a
positive thing.”
But Roth said the chance of it
happening are “very, very slim” in part because members of the Judicial
Conference of the United States for the most part are not of a generation that
appreciates the wide use of video.
“The decision-makers
are not people with Instagram and TikTok accounts,” he said.
Moreover, Roth
said, “Courts change policies slower than a battleship turns right or left.”
Cristina Tilley, a
law professor at Iowa College of Law, who has conducted research on cameras in
the courtroom, said she is skeptical that televising the trial would accomplish
what the House Democrats are seeking.
“If their
objective is that they want people to accept the outcome, whatever it is, I’m
not sure that televising the trial accomplishes that,” she said.
Tilley said her
research shows that the emotional “uptake” by viewers of vivid courtroom
testimony can cloud their appreciation of drier aspects of the case that are
crucial for how jurors ultimately evaluate charges against a defendant.
She cited the 2011 trial of Casey
Anthony, an Orlando woman who was acquitted of murdering her toddler in a
widely televised trial. People who watched the trial intently were most upset
with the verdict, Tilley said.
“They absolutely
failed to appreciate that the prosecutors didn’t prove the case to the legal
standard they had to meet,” she said.
In Trump’s
election-related case, she said, reactions to images of the insurrection or
testimony from Trump could undercut the understanding of whether prosecutors
make their case on each of the counts he faces, Tilley argued.
Trump’s
arraignment Thursday in front of a federal magistrate judge in
Washington was not televised. During the proceedings, Trump pleaded not
guilty to charges
that he conspired to overturn the results of the 2020 election, appearing in
the federal courthouse
that sits just blocks away from where his supporters stormed the U.S.
Capitol to keep him in power on Jan. 6, 2021.
Trump also faces a federal trial in
Florida scheduled in
May in the
classified documents case that Smith brought against him.
The lawmakers’
letter to Mauskopf, who serves as director of the administrative office of the
U.S. Courts, argued that “[i]t is imperative the Conference ensures timely
access to accurate and reliable information surrounding these cases and all of
their proceedings, given the extraordinary national importance to our
democratic institutions and the need for transparency.”
House members who signed the letter included
Democrats Rep. Bennie G. Thompson, who chaired the House select committee that
investigated the Jan. 6 attack on the Capitol, as well as Reps. Jamie B. Raskin
(Md.) and Zoe Lofgren (Calif.).
Rep. Gerald E. Connolly (D-Va.), another of
the signers, said in a tweet that the “American people have a right to know
what is said in cases that concern us all,” adding that it’s “in everyone’s
best interest to know the truth.”
Connolly has previously introduced legislation
that would allow Supreme Court proceedings to be televised.
If the Judicial Conference fails
to act, lawmakers, at least in theory, could pass legislation opening up federal courts to cameras.
Schiff spokeswoman Marisol said it’s too early
to consider going that route, and that the House Democrats are “taking it one
step at a time.”
Devlin Barrett, Spencer S. Hsu and Ann E.
Marimow contributed to this report.
Analysis|5 things Trump’s Jan. 6 indictment week tells us about the 2024
election
ATTACHMENT FORTY EIGHT – From
the Washington Post
5 things Trump’s Jan. 6 indictment week tells
us about the 2024 election
By Aaron Blake August 4, 2023 at 6:00 a.m. EDT
The first former president of the United
States to be indicted has now been charged a third time. This historic event
capped a week that tells us a few things about the 2024 presidential race, in
which the former president remains the overwhelming GOP favorite.
Here’s what we’ve learned from the past five
days.
1. No candidate can escape the specter of Jan.
6
Republican Party leaders have spent much of the
past two years hoping to just move on from Jan. 6 — and urging Trump (in vain)
to stop talking about the 2020 election.
This week made clear that nobody can escape
it.
Trump faces a criminal trial over his role in efforts
to overturn the election that culminated in the attack on the Capitol on Jan.
6, 2021. And former vice president Mike Pence, who was invoked more than 100
times in the indictment, has been forced to lean into making the
Jan. 6-centric case he had long declined to emphasize.
(Imagine you were told a month ago that Pence would be selling merchandise based on
Trump’s indictment — new gear features the
slogan “too honest,” which is what Trump allegedly called Pence as Pence
declined his entreaties to help overturn the election.)
The party as a whole and all its 2024
contenders will feel a newfound onus to weigh in, too.
The GOP has done its best to avoid a detailed
accounting of Trump’s actions and his false claims of mass voter fraud. It
acquitted him at his post-Jan. 6 impeachment trial based on a technicality. (Key senators said you can’t impeach someone
who has left office.) Then it pulled out of a deal
for a bipartisan Jan. 6 commission.
But this indictment has landed when Trump is
again the focal point of American politics. There is no waving it off because
he’s out of office. And 2024 opponents who have carefully massaged and
triangulated their messages about Trump’s legal peril will risk being left out
of the major topic of conversation if they don’t engage.
Oh, and Trump has signaled he is
going to make all of this very uncomfortable for the GOP by using it to re-litigate
the 2020 election and his false claims that it
was “stolen” from him.
2. Trump may be losing control of the clock
Trump’s legal team has made clear it would
prefer his federal criminal cases don’t go to trial before the 2024 election.
While that remains possible with the classified-documents case in Florida — set
for trial in May but subject to delay, in part thanks to
the new superseding
indictment and the care required in handling
sensitive material — the Jan. 6 case in Washington, D.C., may be a speedier
affair.
Special counsel Jack Smith’s indictment
appears built for speed. For a start, he charged Trump solo. If he charges
Trump’s alleged co-conspirators, it will apparently be separately. And he kept the indictment narrowly
focused on four charges, one count each. Then Smith announced at a news
conference that “my office will seek a speedy trial.”
He might get his wish. A
magistrate judge said Thursday that a trial date will be set at the first
hearing, on Aug. 28, which isn’t always how it’s
done. Trump lawyer John Lauro has said
it’s “absurd” to try to conduct the trial in accordance with the Speedy Trial
Act, which would mean starting the trial within 100 days.
Also remember that, unlike the
classified-documents case, this one doesn’t feature a Trump-appointed judge who
has in the past ruled in his favor in controversial ways. And it does feature a
fact pattern that has been chewed over extensively for more than two years.
3. Ron DeSantis is running out of ideas
July was not a good month for the Florida
governor. The presidential race was actually mostly static for his first month
as a candidate, but since then he has gone from trailing Trump by nearly 30
points in the Republican primary to trailing by nearly 40 points. He’s now
competing just to be in second place in states like Iowa and South Carolina,
after polling close to Trump as recently as February, before he was officially
running.
Hence the campaign shake-up.
What’s got to be particularly
frustrating for DeSantis is that he’s even losing badly to Trump among voters
who might logically be in
his corner, like those who emphasize
fighting “woke” corporations, a DeSantis signature issue. And his supposed
retooling of his message hasn’t exactly borne
fruit.
So what’s left for him to do to arrest the
backsliding? Well, this week DeSantis sent Vice President Harris a letter
seeking a meeting to discuss his state’s controversial slavery curriculum (she declined). And he just agreed to a one-on-one debate
with California Gov. Gavin Newsom (D), which Newsom proposed nearly
a year ago.
The combined picture is a campaign more
focused on stunts than anything else, because the “anything else” has roundly
failed.
4. Trump’s woes have not helped Biden
Despite all the legal drama surrounding Trump,
polls this week suggested that the GOP might be as competitive as ever in the
2024 general election.
A New York Times/Siena
College poll showed Trump and Biden tied
at 43 percent in a prospective matchup, despite most recent quality polls
giving Biden a small edge.
A CNN poll, meanwhile, showed that
encouraging signs about the economy and inflation really have yet to give President
Biden much of a boost.
Finally, the CNN poll included a somewhat remarkable
finding. It asked whether people had more confidence in Biden or congressional
Republicans to deal with major issues. While Americans in December picked the
GOP by two points, they picked it by nine points in this poll.
All of which might help explain
why Barack Obama felt the need to give Biden a reality check about
Trump’s potential to defeat him in 2024.
5. Republicans won’t desert (or vouch for)
Trump
There has been little in the way of a
merit-based defense of Trump after this latest indictment, as was the case
after the previous two. And relatively few Republicans have actually gone to
bat for him in any significant way — at least compared with the way they did
when the federal government searched Mar-a-Lago a year ago.
But in this case, the tepid pushback is
arguably more pronounced.
The idea is that Trump is being politically
targeted. The idea is that there is a two-tiered system of justice. The idea is
that Trump was entitled to free speech and may even have believed his
falsehoods.
Virtually none of the Republican defense
argues that Trump was actually right and that his actions were warranted. This lack
might be considered rather patronizing, because it implies that he wasn’t, and they
weren’t. Why not just argue that what he said and did was substantiated?
Because they can’t. It’s in some
ways an extension of what happened after the 2020 election. Republicans by and
large didn’t echo Trump’s
obviously false claims of mass voter fraud, because they seemingly knew they
were ridiculous. They instead made process arguments about voting rules that
changed during the early stages of the coronavirus pandemic, supplementing
Trump’s objections with these to at least seem like they were
on the same page.
Some seemed to think that was the smart play
and it would all just blow over. Then Jan. 6 happened.
Nearly three years later, Republicans get to
keep dealing with it, right into the middle of the 2024 election.
ATTACHMENT FORTY NINE – From the
Washington Post
Trump shatters laws of political physics with third
indictment
The
former president’s support base holds firm as each negative in a court of law
translates to a positive in the court of public opinion
By David Smith in Washington Sat 5 Aug 2023 06.00 EDT
It
was hardly the triumphant return to Washington that he and his campaign
imagined. Donald Trump was back in America’s capital this week, not as
president but an accused criminal. “Not guilty,” he pleaded in a hushed courtroom to four charges
stemming from the effort to overturn his defeat in the 2020 presidential
election.
From ‘Mr President’ to ‘Mr’: strongman Donald Trump cut down to size in
court
But
even as observers savored a sombre yet reaffirming moment for the rule of law,
a follower of the former US president could be seen outside court waving a giant
flag. “Trump or death,” it declared, not far from the halls of Congress where
lethal violence erupted on January 6,2021.
Trump
is now twice impeached and thrice indicted but his support base is holding
firm.
Indeed, each negative in a court of law translates into a
positive in the court of public opinion. He remains the dominant figure among Republican voters
who Fox his view that he is being
unfairly targeted by a justice system bent on helping Democrat Joe Biden.
“The
more the indictments, the better his poll numbers, the easier the argument that
it’s two standards of justice and Donald Trump is persecuted and picked on,” said Bill Whalen, a policy fellow at the Hoover Institution
thinktank in Palo Alto, California. “It’s very funny, considering he’s the
pre-eminent bully in American politics, that no one plays the victim card
better than Donald Trump.”
A
whiff of criminality or scandal used to be career ending for politician.
President Richard Nixon resigned over Watergate; Vice-President Spiro Agnew quit after being
charged with bribery, tax evasion and conspiracy; Gary Hart’s presidential
campaign collapsed due to allegations of an extramarital affair; Anthony Weiner
resigned from Congress after a series of sexting scandals.
But
Trump has shattered the laws of the political physics. He has made the state
and federal charges – now a combined 78 across three jurisdictions – against
him a central plank of his campaign platform, casting himself as a martyr. At
his rallies he portrays the cases as not just an attack on him but his
supporters. He told a crowd last week in Erie, Pennsylvania: “They’re not
indicting me, they’re indicting you.”
A
few dissenting voices apart, Republicans have echoed and amplified these
talking points with characteristic fervour. Congresswoman Marjorie Taylor
Greene of Georgia wrote on X, formerly Twitter, that she “will still vote
for Trump even if he’s in jail”.
Far
from destroying his prospects, many observers believe, the latest and arguably
most serious indictment for his alleged role in undermining American democracy
will likely fuel a march toward the Republican party’s presidential nomination
in 2024.
Rick Wilson, a veteran Republican
strategist and cofounder of the Lincoln Project, an anti-Trump group, said:
“Every time he’s indicted or under the spotlight, his numbers go up with
Republican voters.
“I
don’t see a pathway right now where Republican base voters suddenly wake up and
say, ‘Wow, this is a bad guy and we’re going to change our minds, we’re going
to to vote for Chris Christie or Ron DeSantis.’ All of them have failed on a
fundamental level to make a case for themselves because the base will punish
them if they attack him.”
The
more the indictments, the better his poll numbers
Some
Republicans in Congress are still willing to criticise Trump on certain issues
and a few, such as Senator Mitt Romney of Utah, are outspoken in their
conviction that he is unfit for office. Others, such as Congresswoman Liz Cheney of Wyoming,
have either retired or been ousted.
But
most party leaders have stayed silent and fallen into line, apparently
terrified of alienating Trump’s fervent support base in what critics describe
as political cowardice. Even his main opponents in the party’s presidential
primary race have dodged the issue or endorsed his claim of a Democratic
witch-hunt and “deep state” conspiracy.
Wilson
added: “Not one of the serious candidates – there aren’t many in the primary
field – are making any kind of argument other than this is illegitimate, this
is wrong, [special counsel] Jack Smith’s the real criminal, all these crazy
things. Not one of the serious ones is saying this guy should be in prison, not
in the White House.
“I
don’t think this is a moment where Trump has been harmed in the primary; it’s
solidified it. He’s going to be on TV every minute of every day for weeks and
weeks and weeks and every time that happens the fundraising for the other
Republicans dries up, their ability to communicate a messaging stops, none of
it works. The whole thing is set of perverse incentives and it’s an almost
inescapable trap for the rest of the field.”
Trump
himself understands this trap and how it starves his opponents of political
oxygen. Ahead of his court appearance on Thursday, he wrote on his Truth Social
media platform: “I need one more indictment to ensure my election!”
He
has also used the cases to raise cash, sending out a flurry of fundraising
emails and raking in millions. Even so, an analysis by the Associated Press found that so far this year the former
president’s political operation has spent more on legal fees defending him, his
staff and his allies than on travel, rallies and other campaign expenses
combined.
And
commentators say that while the indictments could help Trump solidify support
within his base and win the Republican nomination, his ability to capitalise on
them will be more limited in next year’s presidential election, when he will
have to win over more sceptical moderate Republicans and independents.
In a July Reuters/ Ipsos poll, 37% of independents said
the criminal cases against Trump made them less likely to vote for him for
president, compared to 8% who said they were more likely to do so.
However,
hours before the latest indictment was unsealed, alarm bells were set off among
Democrats by a New York Times/Siena opinion poll that showed him running neck and neck with Biden at 43%. Wilson’s advice to Democrats is
simple: “They should say over and over again: this is a choice between economic
growth and steady leadership in the world and at home or backing a criminal.”
Democratic
leaders in Congress welcomed this week’s indictment as proof that all are equal
before the law. But Biden has been circumspect about commenting on Trump’s
trials and tribulations.
He
appointed Merrick Garland as attorney general, who in turn appointed Jack Smith
as special counsel to lead the Trump investigations. The president, an institutionalist,
has been careful to keep his distance from both and to avoid commenting on the
cases, lest he give credence to the accusation of political meddling. On
Tuesday, as the nation was digesting the latest indictment, Biden continued his
holiday by going to see the blockbuster film Oppenheimer. On Thursday, asked if
he would watch the court hearing, Biden replied: “No.”
Donna Brazile, a former interim chair of the
Democratic National Committee, said: “There’s a reason the justice department
is independent and Merrick Garland appointed the special counsel so there’s no
role whatsoever for the president to be involved in it. First of all, the separation
of powers and secondly, it doesn’t help him politically to become entangled in
this.
“At
this moment the Republican party has to sort this out, not the Democratic
president, not the Democratic party, not Democratic voters. Trump is running
for president not to solve America’s problems; he’s running to try to stay out
of jail and not be held accountable.”
The
electoral and legal calendars are set to collide. A New York state criminal
trial involving a hush money payment to adult film star Stormy Daniels is due
to start on 25 March next year, and his Florida trial in a federal classified
documents case is scheduled to begin on 20 May. Both would take place just
months before the November election, as might a third trial in the case centred
on his 2020 election lies.
But
plenty of analysts agree that the White House should resist the temptation to
weigh in on Trump’s woes. Henry Olsen, a senior fellow at the Ethics and Public
Policy Center thinktank in Washington, said: “They need to let the law speak
for itself. The more they talk about it, the more it looks political.
“They
want the person who didn’t vote, particularly the young person who is
culturally liberal and inclined to the Democratic party, to let the facts speak
for themselves and not have them think, ‘Oh, wait a minute, I think Trump is
awful but this is awful too’. That’s the question you never want to have appear
in marginal voters’ minds. That means let the court thing play out for itself.
Don’t talk about it.”
ATTACHMENT FIFTY – From
Time
These Are the Key Dates in Donald Trump's Legal
Cases—and Re-Election Bid
BY NIK POPLI
UPDATED: AUGUST 3, 2023 4:53 PM EDT | ORIGINALLY
PUBLISHED: AUGUST 3, 2023 2:22 PM EDT
After being criminally indicted for the third time on Aug. 2, former President Donald Trump
is now facing the prospect of being put on trial at least six times in the next
year, clogging up his campaign calendar with multiple court appearances that
intersect with key events on the 2024 political schedule.
If the trial dates stay the same, Trump could
clinch the GOP presidential nomination before voters learn whether he has been
convicted on any of the charges, raising new questions about the logistical and
political challenges of multiple trials unfolding against the backdrop of a presidential
campaign.
Trump is currently facing criminal charges in
three different states and is widely expected to face another criminal indictment
in Georgia by the end of this summer. He also faces
three separate civil suits.
It’s unclear if the unprecedented slew of
legal activity will hurt Trump politically. In the immediate aftermath of his
first two indictments, Trump raised millions of dollars and his polling soared.
But it could hurt Trump simply by taking away his time and attention.
Typically, criminal defendants must be present in the courtroom during their
trials, meaning Trump will likely have to step away from the campaign trail to
stand trial. And while he can still run for President under criminal charges, it will open a
series of unresolved legal and constitutional questions if he's convicted
before—or after—he retakes the Oval Office.
Here is a timeline of key dates for Trump in
his legal cases and reelection campaign until Election Day 2024.
Aug.
3, 2023: Arraignment in Washington, D.C. in Jan. 6 case
Trump will make his first appearance in
federal court in Washington, D.C. after being indicted in special counsel Jack Smith’s investigation
into his alleged efforts to overturn the 2020 presidential election leading up
to the Jan. 6, 2021 attack on the U.S. Capitol.
Aug.
10, 2023: Arraignment in Florida in classified documents case
Trump will be arraigned in Fort Pierce, Fla.
after the Justice Department charged him in a superseding indictment with three
additional felonies related to his alleged mishandling of classified documents after
leaving the White House.
Aug.
10, 2023: Hearing in Georgia
A judge in Cobb County, Ga. will consider a
petition from Trump’s lawyers after they filed a motion to remove Fulton County
District Attorney Fani Willis from her probe into Trump's alleged efforts to
overturn Georgia's presidential election results.
Aug.
23, 2023: First GOP presidential primary debate
Although Trump will qualify for the debate, he
has signaled that he might not participate in the televised affair and
questioned his need to Fox the stage with candidates who lag behind
him in the polls.
Aug.
28, 2023: First hearing in Jan. 6 case
Trump will appear in federal court in
Washington, D.C. for a hearing before Judge Tanya Chutkan, who will set the
trial date in the Jan. 6 case.
Sept.
27, 2023: Second GOP presidential primary debate
Oct.
2, 2023: Trial in Trump Organization civil fraud suit
Start of civil trial in the $250 million
lawsuit filed by New York Attorney General Letitia James accusing Trump and the
Trump Organization of manipulating property valuations to get tax breaks and
better terms on loans and insurance policies.
Jan.
15, 2024: Trial in E. Jean Carroll civil defamation suit
Start of civil trial in writer E. Jean
Carroll’s second defamation suit accusing Trump of defaming her
in June 2019 when he denied having raped her in a Manhattan department store in
the mid-1990s, claiming she was not his "type."
Jan.
15, 2024: Iowa Republican caucuses
Jan.
29, 2024: Trial in pyramid scheme class-action suit
Start of trial in class-action lawsuit
accusing Trump and his company of promoting a get-rich-quick scheme that conned
victims into forking over money.
Feb.
6, 2024: Nevada Republican primary
Feb.
27, 2024: Michigan Republican primary
March
5, 2024: Super Tuesday primaries
March
25, 2024: Trial in New York state criminal hush-money case
Start of criminal trial in Manhattan District Attorney Alvin Bragg’s case accusing Trump of falsifying business
records to conceal hush-money payments to a porn star before the 2016 election.
May
14, 2024: Pretrial hearing in classified documents case
Start of a pretrial hearing in the classified
documents case to address remaining issues about classified evidence or other
matters related to the trial.
May
20, 2024: Trial in classified documents case
Start of criminal trial in Special Counsel
Smith’s case accusing Trump of hoarding classified documents and obstructing
the government’s efforts to retrieve them.
July
15-18, 2024: Republican National Convention
Nov.
5, 2024: Election Day
ATTACHMENT “A” – From x07
Guk
Trump lawyer hints defense will focus on free speech;
ex-president will not have mugshot taken – live
John Lauro claims four criminal charges over
efforts to overturn 2020 election ‘absurd’; US officials say Trump will have
fingerprints taken but no photo
·
Can Trump still run in 2024 – and can he pardon himself?
·
45
pages that skewer Trump’s bid to destroy American democracy
LIVE Updated 9m ago
Messages
suggest top Trump adviser could be 'co-conspirator 6' in indictment - report
US Capitol
offices evacuated after threatening phone call
·
2h ago
1240
Pence
says Trump surrounded himself with 'crackpot lawyers' as he tried to overturn
election
·
2h ago
Trump
will not have mugshot taken in Thursday arraignment - report
·
4h ago 1040
Obama warned Biden of Trump's continued strength -
report
·
4h ago
·
5h ago 0940
Special counsel concerned lawyer for Trump
co-defendant has conflict of interest
·
6h ago 0840
Concerns over January 6 played a role in Fitch
downgrade of US debt
·
8h ago 0640
Trump lawyer argues January 6 indictment criminalizes
speech
·
9h ago 0540
Americans digest latest charges against Trump ahead
of court appearance
·
10h ago 0440
Trump's legal calendar before the 2024 election
·
11h ago 0340
Trump summoned to court on Thursday
·
12h ago 0240
Indictment says Trump knowingly 'spread lies'
·
12h ago 0240
Trump charged over attempts to stay in power despite
election loss
Léonie Chao-Fong (now); Chris Stein, US politics live blogger,
and Oliver Holmes (earlier)
Wed 2 Aug 2023 17.04 EDT
·
·
·
Show key events only
From
8h ago
Trump
lawyer argues January 6 indictment criminalizes speech
Donald Trump’s attorney John Lauro appeared on NBC’s Today show, and gave a
few hints of the former president’s legal strategy in defending against the
indictment he faces for trying to overturn the 2020 election.
Lauro
first indicated that he objects to special counsel Jack Smith’s push to hold the trial in 90 days, calling
it “absurd”:
Smith
made a similar attempt with the charges he filed against Trump over the
Mar-a-Lago documents, but a federal judge has now pushed
that trial to May 2024.
Lauro
also indicated that he planned to argue Smith was putting Trump on trial over his
speech, which would go against the first amendment:
.@SavannahGuthrie: The indictment specifically says that the President has
a first amendment right to speech, he even has a first amendment right to lie.
(…) This indictment is criminalizing conduct, not speech.
Lauro: No, it’s criminalizing speech (…) pic.twitter.com/VAo3jCFvwL
— TODAY (@TODAYshow) August 2,
2023
·
·
Updated
at 10.49 EDT
Messages
suggest top Trump adviser could be 'co-conspirator 6' in indictment - report
Donald Trump’s latest indictment lists six
unnamed co-conspirators alleged to have helped the former president in his
efforts to subvert the 2020 election results.
The former president’s six co-conspirators
were not charged in the indictment.
These include a justice department official,
probably the then assistant attorney general Jeff Clark (“Co-Conspirator 4”), as well as four Republican lawyers,
seemingly including Trump’s personal attorney Rudy Giuliani (“Co-Conspirator 1”); the law professor John Eastman (“Co-Conspirator 2”), who concocted the false theory that the
vice-president had the authority to intervene in the electoral vote counting
ceremony; Ken Chesebro (“Co-Conspirator 5”), an author of the fake electors scheme;
and the quack pro-Trump conspiracy theorist Sidney Powell (“Co-Conspirator 3”).
Also listed is an unidentified “Co-Conspirator
6”. The indictment describes the person as a “political consultant who helped
implement a plan to submit fraudulent slates of presidential electors to
obstruct the certification proceeding”.
An email sent by Boris Epshteyn, Trump’s campaign adviser and legal
counsel, matches the description of an email that the indictment attributed to
one of six unnamed co-conspirators, according to a New York Times report.
The email, sent on 7 December 2020, from
Epshteyn to Giuliani and Giuliani’s son, Andrew, had the subject line
“Attorneys for Electors Memo”, the paper writes. The email states: “Dear Mayor,
as discussed, below are the attorneys I would recommend for the memo on
choosing electors,” and goes on to identify lawyers in seven states.
The indictment states that Co-conspirator 1
“spoke with Co-conspirator 6 regarding attorneys who could assist in the
fraudulent elector effort in the targeted states” and received an email from
Co-conspirator 6 “identifying attorneys in Arizona, Georgia, Michigan, Nevada,
New Mexico, Pennsylvania and Wisconsin.” Those are the seven states in the
email that Epshteyn sent to Giuliani, the paper writes.
Epshteyn has been one of Trump’s closest
advisers in recent years, with more knowledge about the former president’s
legal entanglements than perhaps anyone else.
He was interviewed
in April by special counsel
prosecutors investigating Trump’s retention of classified-marked documents at
his Mar-a-Lago resort and his role in the January 6 Capitol attack.
Top Trump adviser to be interviewed by special
counsel prosecutors
Federal prosecutors requested a hearing to
inform Donald Trump’s valet, Walt Nauta, about his lead lawyer’s potential
conflicts of interest stemming from his defense work for at least three
witnesses that could testify against Nauta and the former president in the
classified documents case.
The prosecutors made the request to US
district court judge Aileen Cannon on Wednesday, explaining that Nauta’s
lead lawyer, Stanley Woodward, represents two key Trump employees and
formerly advised the Mar-a-Lago IT director, Yuscil Taveras, who is cooperating in the case.
Prosecutors wrote in the 11-page
court filing:
All three of these witnesses may be witnesses
for the government at trial, raising the possibility that Mr Woodward might be
in the position of cross-examining past or current clients.
At issue is Woodward’s prior representation of
Taveras during the grand jury investigation earlier this year, when prosecutors
concluded that Taveras had evidence that incriminated Nauta and had enough of
his own legal exposure to warrant sending him a target letter.
After Trump and Nauta were indicted in the
classified documents case on 8 June, Taveras changed lawyers and swapped out
Woodward, whose legal bills were being paid by Trump’s political action
committee Save America, and retained a new lawyer on 5 July.
In the weeks that followed, Taveras decided
to Fox more evidence with prosecutors
about how Nauta and Mar-a-Lago maintenance worker Carlos De Oliveira had asked him to delete surveillance
footage – details that resulted last week in a superseding indictment against
Trump, Nauta and De Oliveira.
·
·
Republican senator Ted Cruz tore into the
judge overseeing Donald Trump’s case related to his efforts to overturn the
election, claiming she would be “relentlessly hostile” to the former president.
The latest criminal case against Trump will be
overseen by the US district court judge Tanya Chutkan, an Obama appointee who has developed
a record of handing down some of the longest
criminal sentences against defendants charged with storming the Capitol in the
January 6 attack, beyond prosecutors’ recommendations.
In 2021, Chutkan was the judge who rejected
Trump’s attempt to block the House January 6 select committee investigating the
Capitol riot from gaining access to presidential records. “Presidents are not
kings, and plaintiff is not president,” she wrote at the time.
Chutkan “has a reputation for being far left,
even by DC district court standards”, Cruz said in an episode on his podcast on
Wednesday. He added:
We can anticipate a judge who is going to be
relentlessly hostile to Donald Trump who is going to bend over backwards for
the Biden DOJ, and who is going to make ruling, after ruling, after ruling
against Trump.
Cruz – along with every other Republican
senator at the time – voted for Chutkan’s confirmation in 2014.
·
·
Updated at 16.26 EDT
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Donald Trump is a known TV watcher,
particularly of Fox News, the right-leaning network that he has had an on again, off again relationship with ever since his first campaign for the
White House.
One has to wonder if Trump caught this
interview aired today with his former vice-president Mike Pence. Speaking to Fox, Pence condemned the
ex-president for hiring “crackpot lawyers” as he sought a way to reverse his
election loss in 2020:
The hint that Trump may have can be found
on Truth social, where about 10 minutes ago, he posted the
following:
I feel badly for Mike Pence, who is attracting
no crowds, enthusiasm, or loyalty from people who, as a member of the Trump
Administration, should be loving him. He didn’t fight against Election Fraud,
which we will now be easily able to prove based on the most recent Fake
Indictment & information which will have to be made available to us,
finally - a really BIG deal. The V.P. had power that Mike didn’t understand,
but after the Election, the RINOS & Dems changed the law, taking that power
away!
Trump’s claims of election fraud have been
rejected by almost every judge they have appeared before.
·
·
US
Capitol offices evacuated after threatening phone call
Frightening scenes played out at the US
Capitol a few minutes ago, when police evacuated Senate office buildings in
response to a threatening phone call that was reportedly a hoax.
US Capitol police say they dispatched officers
after receiving warnings of a possible active shooter:
Politico reports the Washington DC police
department, which helps secure the Capitol complex, said the call appeared to
be a ruse:
It’s currently the Congress’s August recess,
and most lawmakers are away from the Capitol, though staff are still working.
Reporters at the scene saw people being led out from the Senate office
buildings by police with their hands in the air:
·
·
Updated at 15.40 EDT
Pence
says Trump surrounded himself with 'crackpot lawyers' as he tried to overturn
election
Mike
Pence kicked off his presidential campaign with a speech
condemning former boss Donald Trump’s campaign to overturn the 2020
election.
Pence reiterated that criticism today when
asked about the indictment filed by Jack Smith:
It’s not exactly a winning message, at least
not yet. Polls
currently have Pence with single-digit support among
Republican voters.
·
·
Updated at 15.16 EDT
Trump
will not have mugshot taken in Thursday arraignment - report
When Donald Trump appears at a federal courthouse on
Thursday afternoon to answer the indictment brought against him by special
counsel Jack Smith for allegedly trying to overturn his
2020 election loss, he will not be formally arrested or have his mugshot
taken, Bloomberg
News reports.
Citing US Marshals Service spokesman Drew Wade, Bloomberg said his appearance in Washington
DC will be similar to one he made in June in Miami, where he pled not guilty to
charges Smith filed over the classified documents found at Mar-a-Lago.
Here’s more on what we can expect tomorrow,
from Bloomberg:
The 4 p.m. hearing at the E. Barrett Prettyman
Federal Courthouse is likely to be short, but it’s an important step in kicking
off the latest case brought by Special Prosecutor John L. “Jack” Smith. Trump
is expected to be arraigned in person — which means he’ll enter an initial plea
to the charges — though the court has yet to announce specific details about
the hearing.
Before that, Trump will be processed by the
court, which will be similar to the former president’s experience in Florida
after he was indicted in June over his handling of classified documents, US
Marshals Service spokesman Drew Wade said.
Wade confirmed that Trump:
— will have his fingerprints taken digitally
— will be required to provide his social
security number, date of birth, address, and other personal information
— won’t have photograph taken, since he’s
already easily recognizable and there are already many photographs available
Trump won’t be placed under arrest, according to
Wade. In accepting the indictment Tuesday, US Magistrate Judge Moxila Upadhyaya
issued a summons for his appearance, not an arrest warrant.
The former president will then head into the
courtroom for his appearance. The summons was issued by Upadhyaya, so the
expectation is he’ll appear before her, but the case has been assigned to US
District Judge Tanya Chutkan, who was appointed by former President Barack
Obama. The court hasn’t put the hearing on the public calendar to confirm whose
courtroom he’ll go to.
During the hearing, Trump’s lawyers will
likely do most, if not all, of the talking. The government didn’t ask to put
Trump in pretrial custody while the Florida case proceeds, and there’s no
expectation they’ll ask for that now. If prosecutors want the judge to impose
any conditions on his release, however, they could make those requests, and
Trump’s lawyers would have a chance to raise objections.
Separately, Secret Service spokesman Anthony
Guglielmi has
released a terse statement about what Washingtonians can expect when the former
president goes to court tomorrow:
·
·
Donald Trump had a
private dinner with Fox News executives shortly after learning that he would be
indicted a third time, according to a New York Times report.
The two-hour dinner between Trump, Fox News
president Jay Wallace and the network’s chief executive, Suzanne Scott, was held in a private dining room at the
former president’s golf club in Bedminster, New Jersey, the paper said, citing
sources.
During the dinner, the Fox executives lobbied
Trump to attend the first Republican presidential primary debate later this
month, the report said. The event will be hosted by Fox News with the
Republican national committee in Milwaukee.
The Fox executives made a soft appeal for Mr.
Trump to attend the debate, two of the people familiar with the dinner said,
telling the former president that he excels on the center stage and that it
presents an opportunity for him to show off his debate skills.
According to the paper, Trump told the Fox
executives he had not yet made a decision and would keep an open mind.
·
·
A powerful Democrat senator has called Samuel Alito’s public expression of opposition to US
supreme court ethics
reform “unwise and unwelcome”, rejecting the
conservative justice’s contention that Congress cannot implement such measures.
“Justice Alito is providing speculative public
commentary on a bill that is still going through the legislative process,”
said Dick Durbin, a Democrat from Illinois and the chair
of the Senate judiciary committee.
He added in a statement:
Let’s be clear: Justice Alito is not the 101st
member of the United States Senate. His intervention … is unwise and unwelcome.
Last week, Alito spoke to the
Wall Street Journal, often an outlet for his views
and complaints. Discussing Washington
scandals about rightwing justices
taking gifts from donors with business before the court – most notably
over Clarence Thomas’s links to Harlan
Crow and Alito’s own fishing trip with Paul
Singer – Alito said: “I marvel at all the nonsense
that has been written about me in the last year.”
Saying he was defending himself because
“nobody else is going to do this”, the George W Bush-appointed conservative,
73, said: “Congress did not create the supreme court.
I know this is a controversial view, but I’m
willing to say it. No provision in the constitution gives them the authority to
regulate the supreme court – period.
Durbin, who with Sheldon
Whitehouse of Rhode Island has
sought to pilot ethics reform in response to the Thomas and Alito scandals,
rejected Alito’s position.
“The ethical conduct of supreme court justices
is a serious matter within this committee’s jurisdiction,” he said.
Ensuring ethical conduct by the justices is
critical to the court’s legitimacy.
·
·
A lawyer for John Eastman, one of the
co-conspirators named in Tuesday’s indictment of Donald Trump, said he would decline a plea deal if offered
one by federal prosecutors.
In a statement, Harvey Silverglate said
Eastman has not and will not be engaged in plea bargaining in the case with
state or federal prosecutors.
With respect to questions as to whether Dr.
Eastman is involved in plea bargaining, the answer is no. But if he were
invited to plea bargain with either state or federal prosecutors, he would
decline. The fact is, if Dr. Eastman is indicted, he will go to trial. If
convicted, he will appeal. The Eastman legal team is confident of its legal
position in this matter.
The statement claimed the indictment relies on
a “misleading presentation of the record to contrive criminal charges against
Presidential candidate Trump and to cast ominous aspersions on his close
advisors.”
·
·
Here’s our video report of how Democrats and
Republicans reacted to Donald Trump’s latest federal indictment on charges
relating to his alleged attempted election subversion.
02:19
How Washington DC reacted to Trump's latest
indictment – video report
·
·
Obama
warned Biden of Trump's continued strength - report
Barack Obama warned Joe Biden that Donald Trump would be a formidable election opponent,
even with his legal troubles, the
Washington Post reports.
The warning came over lunch at the White House
between the current president and Obama, whom Biden served under as
vice-president from 2009 to 2017. Among the factors Obama cited as helping
Trump were “an intensely loyal following, a Trump-friendly conservative media
ecosystem and a polarized country”, the Post reports.
Here’s more from the Post’s report:
At the lunch, held in late June in the White
House residence, Obama promised to do all he could to help the president get
reelected, according to two people familiar with the meeting, who spoke on the
condition of anonymity to discuss private conversation.
That commitment was a welcome gesture for the
White House at a time when Biden is eager to lock down promises of help from
top Democrats, among whom Obama is easily the biggest star, for what is likely
to be a hard-fought reelection race. The contents of the private conversation
have not been previously reported.
Obama was visiting the White House for what
Biden aides described as a regular catch-up between the two men who served in
the White House together for eight years. During their lunch, Obama made it
clear his concerns were not about Biden’s political abilities, but rather a
recognition of Trump’s iron grip on the Republican Party, according to the
people.
Recent polling suggests Trump has a
significant lead over his GOP rivals and that he and Biden are essentially
tied in a hypothetical rematch.
The White House said there was no specific
agenda for the June 27 meeting, and people briefed on the conversation said the
two presidents discussed a range of political, policy and personal matters,
including updates about their families.
·
·
The
day so far
Donald Trump is expected to appear in court at 4pm
eastern time tomorrow in Washington DC to answer the indictment brought against
him by special counsel Jack Smith over attempting to overturn the 2020 election.
So far today, we’ve gotten
hints of the former president’s potential
defense strategy from his lawyer, heard various Republicans reaffirm
their allegiance to him and suspicion of
the justice department,
and learned Smith has
concerns about an attorney hired to represent one
of Trump’s co-defendants in the Mar-a-Lago case.
That’s not all that’s been happening:
·
Why did Fitch downgrade the US’s debt from its highest
rating? The January 6 insurrection was among
the reasons.
·
Robert
F Kennedy Jr is running as Democrat for president, but is being bankrolled by a Republican.
·
Reporters
managed to track down Merrick
Garland somewhere that wasn’t the justice department
headquarters, but he still had little to say about the new charges
against Trump.
·
·
Senator and Republican presidential candidate Tim
Scott highlighted his presence on the “weaponization” bandwagon in response to
Donald Trump’s latest indictment:
·
·
Special
counsel concerned lawyer for Trump co-defendant has conflict of interest
The Guardian’s Hugo Lowell reports that special counsel Jack Smith is concerned that Stanley Woodward, a lawyer for Donald Trump’s valet Walt Nauta, has a conflict of interest:
Smith indicted Nauta alongside Trump on
charges related to hiding classified government documents at Mar-a-Lago and
working the keep them out of the hands of government archivists. Nauta was arraigned
in Florida last month in proceedings that were delayed because he struggled to
find a lawyer:
Trump valet arraigned over role in classified
documents case
·
·
In an interview with Fox News, Florida
governor Ron DeSantis called for Donald Trump’s trial over the January 6
insurrection and effort to overturn the 2020 election to be moved out of
Washington DC:
The US capital city is deeply Democratic, and
during his presidency, Trump rarely ventured into its streets, except to
visit his hotel.
Polls show that DeSantis is Trump’s
strongest challenger for the Republican presidential nomination, but his
campaign is going
much worse than expected.
·
·
The
House of Representatives is home to some of Donald Trump’s staunchest allies in
Congress, and in the wake of his indictment on charges related to the January 6
insurrection, several lawmakers are reiterating their support for the former
president.
Such
as Jim Banks, who may soon be headed to represent Indiana
in the Senate:
Dan Meuser adopted the “weaponization” allegation Trump has repeatedly
leveled against the Biden administration:
Mike Bost keeps his message simple:
In
an interview with CNN, a Washington DC police officer who was assaulted on
January 6 Foxd his thoughts on Donald
Trump’s indictment over the attack:
·
·
Here’s
more from Reuters on Fitch’s surprise decision to downgrade the US debt rating
yesterday, citing factors that polarized economists and investors:
The
rating agency Fitch downgraded the US government’s top credit rating on Tuesday,
a move that drew an angry response from the White House and surprised
investors.
Fitch
downgraded the United States to AA+ from AAA, citing fiscal deterioration over
the next three years and repeated down-the-wire debt ceiling negotiations that
threaten the government’s ability to pay its bills. It is the second major
rating agency after Standard & Poor’s to strip the US of its triple-A
rating.
Fitch
had first flagged the possibility of a downgrade in May amid the US debt
ceiling negotiations, then maintained that position in June after the crisis
was resolved, saying it intended to resolve the review in the third quarter of
this year.
Surprise US credit rating downgrade draws White House
ire
·
·
Concerns
over January 6 played a role in Fitch downgrade of US debt
Credit
agency Fitch’s surprise downgrade of US debt from its top rating yesterday was
motivated in part by concerns over the January 6 insurrection, Reuters reports.
“It
was something that we highlighted because it just is a reflection of the deterioration
in governance, it’s one of many,” senior director at Fitch Ratings Richard
Francis told
Reuters in an interview.
“You
have the debt ceiling, you have Jan. 6. Clearly, if you look at polarization
with both parties ... the Democrats have gone further left and Republicans further right, so the middle is kind of
falling apart basically.”
Fitch
now rates US debt at AA+ rather than its top AAA level. The Biden
administration is unhappy with the downgrade, which Treasury secretary Janet Yellen called “arbitrary and based on outdated
data.”
Fitch
is the second of the three major ratings agencies to downgrade US debt. In
2011, S&P downgraded the US from its top level rating after a protracted standoff over raising the debt ceiling.
Donald
Trump’s legal troubles are not the only thing happening in the world of
American politics. The Guardian’s Mary Yang reports that a prominent Democratic
challenger to Joe Biden for the Democratic presidential nomination is,
surprise, surprise, being funded by a Republican:
A
Super Pac affiliated with Robert F Kennedy Jr, the anti-vaccine conspiracy theorist running
for president as a Democrat, owes half its cash to a longtime Republican
mega-donor and Trump backer, according to campaign finance reports filed on
Monday.
The
group, American Values 2024, reported receiving $5m from Timothy Mellon, a
wealthy businessman from Wyoming, according to NBC News and Politico. It registered with the Federal Election
Commission (FEC) in April, days before Kennedy officially launched his campaign, according to FEC records.
Mellon,
81, is the grandson of Andrew Mellon, a former US treasury secretary who made
his fortune in banking. The Texas Tribune reported that Mellon, a top donor to
Donald Trump’s 2020 re-election effort, supported controversial immigration
laws and was responsible for 98% of the contributions to the Texas governor
Greg Abbott’s fund to build a border wall. Mellon, who twice gave $10m to the
Trump-aligned America First Action Super Pac in 2020, also used racist stereotypes to describe Black people in an autobiography he self-published in
2015.
Robert F Kennedy Jr’s campaign bankrolled by
Republican mega-donor
Reporters
managed to track down attorney general Merrick Garland somewhere to ask him
about the latest indictment against Donald Trump.
Publicly,
Garland has taken a hands-off approach to the work of Jack Smith, the special counsel he appointed to
investigate the former president. As you can see from the clip below, his
response to questions from the press amounts to one long “no comment”:
·
·
Trump
lawyer argues January 6 indictment criminalizes speech
Donald Trump’s attorney John Lauro appeared on NBC’s Today show, and gave a
few hints of the former president’s legal strategy in defending against the
indictment he faces for trying to overturn the 2020 election.
Lauro
first indicated that he objects to special counsel Jack Smith’s push to hold the trial in 90 days, calling
it “absurd”:
Smith
made a similar attempt with the charges he filed against Trump over the
Mar-a-Lago documents, but a federal judge has now pushed that trial to May 2024.
Lauro
also indicated that he planned to argue Smith was putting Trump on trial over
his speech, which would go against the first amendment:
·
·
Updated
at 10.49 EDT
As
the Guardian’s Martin Pengelly reports, reactions to Trump’s indictment
for trying to overturn the 2020 election have thus far fallen mostly along
partisan lines:
While
Democrats and progressives welcomed Donald Trump’s federal indictment on four charges relating to his
attempted election subversion, the former president’s chief rival for the 2024
Republican nomination rallied to his defense.
Ron
DeSantis, the Florida governor who is a distant second to Trump in primary
polling, swiftly issued a statement that notably did not mention Trump by
name.
“As
president,” DeSantis said, “I will end the weaponization of government,
replace the FBI director, and ensure a single standard of justice for all
Americans.”
DeSantis, who has indicated he will pardon Trump if
elected, said he had not seen the indictment handed down by the special
counsel, Jack Smith, regarding Trump’s attempt to overturn his defeat by Joe
Biden in 2020. Nonetheless, DeSantis complained that the charges were brought
in Washington DC, a Democratic city.
DeSantis leads Republican support for Trump after
election subversion charges
·
·
This
is now the third indictment Donald Trump has faced this year alone, but
historians who spoke to the Washington Post say this one is more serious than the
rest.
“Just
as the tearing down of the Berlin Wall showed the weakness in the former Soviet
Union, the mob on January 6 trying to use force to overturn the will of voters
shocked the world and showed our democracy’s weakness,” Rachel
Kleinfeld of
the Carnegie Endowment for International Peace, told the Post.
Here’s
more from their story on the indictment’s historical significance:
Historians and legal scholars say the new indictment, brought by federal special
prosecutor Jack Smith, is fundamentally more consequential than the earlier
ones, which related to hush money paid to an adult-film actress and the
mishandling of classified documents.
While
those are serious allegations, Tuesday’s indictment accuses a former president
of the United States with attempting to subvert the democracy upon which the
nation rests. And with Trump again running for the White House, the charges he
faces pose an extraordinary test to the rule of law, experts say.
“This
gets right to the question of how elections work, how power is transferred
peacefully,” said Jon Grinspan, a curator of political history at the National
Museum of American History. “This is really a question about the functioning of
American democracy.”
Laurence
Tribe, a Harvard University legal scholar, said, “The crimes indicted are an
order of magnitude beyond anything that has been committed against this country
by any American citizen, let alone a former president.”
“This
is essentially an indictment for an attempt to overturn the Republic and its
most crucial process of preserving democratic governance, the process of
peaceful and lawful transition of power,” said Tribe, who taught Barack Obama
and advised his presidential campaign and administration.
·
·
Americans
digest latest charges against Trump ahead of court appearance
Good
morning from Washington DC. Tomorrow, Donald Trump will appear at the federal courthouse
here to answer the indictment filed against him by special prosecutor Jack Smith, accusing him of conspiring to overturn the
2020 election, allegations with few to no peers in American history. This will
be his third court appearance this year, the first being in Manhattan to answer
charges related to falsifying business records, and the second occurring in
Miami, where Smith indicted over allegedly hoarding government documents at
Mar-a-Lago.
While
the indictment filed yesterday is historic, it was a long time coming, and likely
will have done little to change the immediate political dynamics surrounding
Trump. He remains a candidate for the Republican presidential nomination, and
polls have recently shown him far and away the frontrunner in the race. He also
maintains a dedicated following among GOP voters, to the extent that many rival
candidates are hesitant to criticize him directly. We’ll see if any signs
emerge of those trends shifting today.
Here’s
what else is happening:
·
The White
House is
fuming after ratings agency Fitch downgraded US debt from its highest mark. The agency cited
the country’s finances, as well as its repeated bouts of fiscal brinksmanship.
·
Who
is the sixth co-conspirator? Smith’s indictment against Trump
name six people who helped Trump in his alleged plot. Five of these are clearly
identifiable based on what we know about the events leading up to January 6,
but one, described as a political consultant, is not. Expect lots of digging by
the press into who this might be.
·
Trump, meanwhile, is doing his usual thing on Truth social, the platform
that has become his mouthpiece after getting banned from Twitter following
January 6.
·
·
Previous3 of 3
It’s
just gone 8 am in Washington DC.
I’m
going to hand over now to the US politics live blogger, Chris Stein, who will guide you through the rest of the
day.
·
·
Updated
at 08.25 EDT
Léonie
Chao-Fong
Here
are some key takeaways from the latest indictment:
Donald Trump’s January 6 indictment: six key
takeaways
·
·
Trump's
legal calendar before the 2024 election
Trump
has quite the legal calendar ahead of him, while also seeking to run for
president in the 2024 election.
Here
is a rundown of all his legal dates alongside the political calendar. As you
can see, it’s going to be impossible to untangle the two.
·
·
The Trump campaign's response to the
indictment is here. An extract below:
These
un-American witch hunts will fail and President Trump will be re-elected to the
White House so he can save our Country from the abuse, incompetence, and
corruption that is running through the veins of our Country at levels never
seen before.
Below
is the video of the announcement:
02:16
Donald
Trump charged over efforts to overturn 2020 election - video
·
·
A
reader has sent in a couple of questions that I’m sure are on everyone’s mind:
1.)
“Will he go to jail”
2.)
“Will he run in 2024”
The
answer to the first one is “possibly” and the second is “still very likely”.
Trump faces charges that have maximum jail
sentences of many, many years.
There
is even a scenario in which Trump both goes to jail and runs in 2024 (and even wins!).
University
of California, Los Angeles law professor Richard L. Hasen, told CNN that there is no constitutional rule
that bars “anyone indicted, or convicted, or even serving jail time, from
running as president and winning the presidency”.
“How
someone would serve as president from prison is a happily untested question,”
Hasen said.
·
·
For
those just waking up, here is our most recent news story:
Donald Trump to appear in court over attempt to
overturn 2020 US election
Trump
summoned to court on Thursday
The
former president has been summoned to appear before a
federal magistrate judge in Washington DC on Thursday.
Things are moving relatively fast. Jack Smith, the special
counsel, said he would seek a “speedy
trial”, and stressed that Trump was entitled to a presumption of innocence
until proven guilty.
Trump
is expected to be arraigned – a formal reading of a criminal charging document
in the presence of the defendant – at the DC district court before magistrate
judge Moxila A Upadhyaya.
·
·
Indictment
says Trump knowingly 'spread lies'
The
case against Trump was announced last night by special counsel Jack
Smith. He
is a federal prosecutor – a government lawyer who is tasked with
prosecuting criminal cases.
When
announcing the charges, Smith encourages everyone to read in full the 45-page indictment. The document is written in quite a
straightforward, readable way, and it packs a punch, calling Trump a liar.
You can read it in full here, but here are parts of the
introduction:
“The
Defendant [Trump] lost the 2020 presidential election. Despite having
lost, the Defendant was determined to remain in power. So for more than two months following
election day … the Defendant spread lies that there had been
outcome-determinative fraud in the election and that he had actually won. These
claims were false, and the Defendant knew that they were false.”
(Note:
“outcome-determinative” means that the alleged election fraud was so big that
it would have changed the outcome of the election ie mean Trump had won)
·
·
Trump
charged over attempts to stay in power despite election loss
Donald
Trump has been indicted with several crimes in connection with his efforts to overturn the results of the 2020 election in
a frenzied attempt to stay in power.
The indictment, filed in federal district court in
Washington, charges Trump with one count of conspiracy to
defraud the United States, one count of conspiracy to obstruct
an official proceeding, obstruction of and attempt to obstruct an official
proceeding,
and conspiracy against rights.
In
short (and avoiding legalese) the charges relate to Trump’s alleged effort to deny the American people their
democratic right to choose their own leader.
Donald Trump faces four charges over efforts to
overturn 2020 election
ATTACHMENT “B” – From x21
NYT
X21 to Overturn the 2020 Election
The former president was arraigned in a
Washington federal courtroom two days after he was formally charged with
conspiring to stay in power after losing the 2020 election. The next hearing in
the case is set for Aug. 28.
Aug. 3, 2023, 4:49 p.m. ET1 minute ago
1 minute ago
Reporting from Washington
Here’s the latest on Trump’s court
appearance.
Former President Donald J. Trump pleaded not
guilty on Thursday to charges that he conspired to remain in office despite his
2020 election loss, appearing before a judge in a Washington courthouse in the
shadow of the Capitol, where his supporters rampaged in an effort to undermine
the peaceful transfer of power.
Mr. Trump, who is running in the hopes of
being sworn in again on the steps of the Capitol, stood before a federal magistrate
judge who asked for his plea to the four counts he faced. He replied, “Not
guilty.”
It was the third time in four months he stood
before a judge on criminal charges. But it was the most momentous, the
beginning of what prosecutors say should be a reckoning for his multipronged
efforts to undermine one of the core tenets of democracy.
Magistrate Judge Moxila A. Upadhyaya, who oversaw the roughly half-hour hearing,
ordered Mr. Trump not to communicate about the case with any witnesses except
through counsel or in the presence of counsel. She set the date for the first
hearing before the trial judge, Tanya S. Chutkan, for Aug. 28.
One of Mr. Trump’s lawyers, John F. Lauro,
complained to Judge Upadhyaya that the government had had years to investigate
the matter and he and his colleagues were going to need time to fairly defend
their client. She directed him to bring it up with the trial judge, and for
prosecutors to respond within five days of his filing.
The same courthouse where Mr. Trump appeared
before to face the charges brought by the special counsel, Jack
Smith, has already hosted a stream of trials for Trump supporters accused of
attacking the Capitol on Jan. 6, 2021.
Security is heavy around the courthouse, with
officers on foot and on horseback and barricades erected on the sidewalk. The
crowd — made up of Mr. Trump’s critics and his supporters — clogged the area
outside the courthouse, with some carrying pro-Trump signs and others shouting
anti-Trump slogans, including “Lock him up!”
Here’s what to know:
·
Mr. Trump’s appearance came about six weeks
after his arraignment in Miami on federal charges of mishandling government
documents after he left the White House and seeking to block investigators. As
in that case, he did not have a mug shot taken.
·
The hearing before Judge Upadhyaya, who was
appointed to the bench last year, is expected to be relatively straightforward. Mr. Trump will be asked to enter a plea to
the four charges against him, then the government will be asked to present conditions
for his release. In the Florida case, prosecutors requested no bail and no
restrictions on his travel, acknowledging his status as a leading candidate for
the 2024 presidential Republican nomination.
·
.
·
Three members of Mr. Smith’s small team of veteran
prosecutors will be at the forefront of the election case. Mr. Trump’s legal team has added a new member specifically for this latest indictment.
·
Mr. Trump is already under indictment in two
other cases. He is charged with 40 counts in the documents case and 34 felony
counts in a New York State case in the spring in connection with a hush-money
payment to a pornographic actress before the 2016 election. Mr. Trump could
face a fourth criminal case before the month is over: The district attorney in
Fulton County, Ga., is also investigating Mr. Trump’s efforts to undermine the
2020 election. Track the investigations here.
Aug.
3, 2023, 4:48 p.m. ET2 minutes ago
2
minutes ago
Alan
Feuer
Here’s
what to expect in the coming days given what just took place. The special
counsel’s office has been asked to file court papers within a week proposing a trial
date. Trump’s lawyers will most likely file a scheduling motion of their own,
proposing delays to what’s known as the speedy trial clock. The government will
almost certainly file a proposed protective order over discovery evidence so
the disclosure of materials can begin. Then the parties will meet on Aug. 28.
Aug.
3, 2023, 4:47 p.m. ET3 minutes ago
3
minutes ago
Maggie
Haberman
Trump
is expected to talk to reporters before he boards his plane back to New Jersey.
Unlike after his first two indictments, he won’t deliver rally-style remarks
later.
Aug.
3, 2023, 4:46 p.m. ET3 minutes ago
3
minutes ago
Benjamin
Protess
As
expected, Trump’s court appearance was a relatively routine proceeding. The
judge read him his rights and explained the charges against him. He pleaded not
guilty. The judge also outlined the conditions of his release and set the next
court date. The whole thing lasted roughly 30 minutes, gavel to gavel.
Aug.
3, 2023, 4:46 p.m. ET4 minutes ago
4
minutes ago
Maggie
Haberman
It
bears repeating that Trump’s advisers are blunt privately that their goal is
for Trump to win the election in part so that the cases can be disappeared by
the Trump Justice Department.
Aug.
3, 2023, 4:46 p.m. ET4 minutes ago
4
minutes ago
Charlie
Savage
Judge
Upadhyaya thanked Trump, who said, “Thank you, your honor.” On the “all rise” command,
he stood up. His lawyer Todd Blanche put his arm on Trump’s back and guided him
away from the table. Trump walked out the door, followed by his lawyers.
Aug.
3, 2023, 4:45 p.m. ET5 minutes ago
5
minutes ago
Charlie
Savage
Judge
Upadhyaya directs Lauro to make a written filing before Judge Chutkan regarding
the Speedy Trial Act, and tells the government it will have five days to
respond.
Aug.
3, 2023, 4:44 p.m. ET5 minutes ago
5
minutes ago
Benjamin
Protess
Here,
again, the Trump defense team will do whatever it can to delay. The longer the
trial is delayed, the better chance there is that it won’t conflict with the
election.
Aug.
3, 2023, 4:43 p.m. ET7 minutes ago
7
minutes ago
Charlie
Savage
Trump
said something and Upadhyaya asked if he had a question. He shook his head and
said no. His lawyer John F. Lauro then stood to talk about the Speedy Trial
Act, which calls for federal cases to go to trial within 70 days of indictment.
He said that for the government to suggest the case could be tried within the
scope of that act was somewhat absurd given the volume of what they have to go
through.
Aug.
3, 2023, 4:44 p.m. ET6 minutes ago
6
minutes ago
Charlie
Savage
Lauro
says the government has had years to investigate the matter, and the defense
lawyers are going to need a little time to fairly represent their client.
Aug.
3, 2023, 4:39 p.m. ET10 minutes ago
10
minutes ago
Alan
Feuer
To
give a sense of the crowded calendar Trump’s legal team will face, they may
need to be in Fort Pierce, Fla., for a hearing in the classified documents case
on Aug. 25, then turn around and be in Washington on Aug. 28.
Aug.
3, 2023, 4:40 p.m. ET9 minutes ago
9
minutes ago
Benjamin
Protess
And
let’s not forget that Trump might be indicted in Georgia later this month as
well.
Aug.
3, 2023, 4:41 p.m. ET9 minutes ago
9
minutes ago
Maggie
Haberman
The
legal calendar has become intertwined with the political calendar in a way that
could prove challenging for Trump, although he is currently leading the
Republican primary field by some 30 points.
Aug.
3, 2023, 4:38 p.m. ET12 minutes ago
12
minutes ago
Charlie
Savage
Trump’s
lawyer John F. Lauro says there may be massive amounts of discovery. To have time
to prepare, he says, the defense needs from the government an estimate of the
volume of discovery — such as documents and electronic files — and, most
importantly the degree to which they have exculpatory information on behalf of
Trump.
Aug.
3, 2023, 4:39 p.m. ET10 minutes ago
10
minutes ago
Charlie
Savage
Lauro
requests that the government be required to give the defense, within two or
three days, an understanding of the scope of discovery.
Aug.
3, 2023, 4:40 p.m. ET10 minutes ago
10
minutes ago
Charlie
Savage
Windom
says the government is prepared, as soon as a protective order is issued, to
produce a substantive volume of discovery, including discovery it is not yet
required to turn over. As a general matter, he says, this case — like any other
— would benefit from normal order, including a speedy trial.
Aug.
3, 2023, 4:37 p.m. ET13 minutes ago
13
minutes ago
Benjamin
Protess
A
central component of the defense strategy will be to delay the proceedings as
much as possible. So, when given options for court dates, it can be assumed
that Trump will always opt for the later one.
Aug.
3, 2023, 4:37 p.m. ET13 minutes ago
13
minutes ago
Charlie
Savage
Upadhyaya
ordered the government to file a brief seven days from today, setting forth a proposal
for a trial date and an estimate of how long it expects to take to make its
case. Within seven days of that, Trump’s lawyers are required to file their own
proposal for a trial date and estimate of how long it will take.
Aug.
3, 2023, 4:36 p.m. ET14 minutes ago
14
minutes ago
Maggie
Haberman
It
cannot be stressed enough how much of Trump’s time in the next 15 months could
be spent being required, as a criminal defendant, to be present in courtrooms
in Miami, Washington, New York and possibly Georgia.
Aug.
3, 2023, 4:35 p.m. ET14 minutes ago
14
minutes ago
Charlie
Savage
Upadhyaya
said Judge Chutkan was willing to waive Trump’s appearance at the first hearing
if he wants.
Aug.
3, 2023, 4:35 p.m. ET15 minutes ago
15
minutes ago
Charlie
Savage
On
behalf of the prosecution, Windom said the government was available all three
dates but requested the soonest date, Aug. 21. On behalf of the defense,
Blanche requested Aug. 28. Judge Upadhyaya set the hearing for Aug. 28.
Aug.
3, 2023, 4:34 p.m. ET16 minutes ago
16
minutes ago
Charlie
Savage
Upadhyaya
says she has consulted with the district judge, Tanya S. Chutkan, and they will
set the first hearing with her now. She offers three dates and will give the
lawyers an opportunity to consult their calendars and Trump. The options are
Aug. 21, Aug. 22 or Aug. 28, all at 10 a.m.
Aug.
3, 2023, 4:34 p.m. ET15 minutes ago
15
minutes ago
Maggie
Haberman
The
first two dates are just before the first Republican primary debate, Aug. 23, which
Trump has not yet said if he is attending.
Aug.
3, 2023, 4:32 p.m. ET18 minutes ago
18
minutes ago
Charlie
Savage
Judge
Upadhyaya signed the document outlining the conditions of release and told the
lawyers they would all receive copies.
Aug.
3, 2023, 4:31 p.m. ET19 minutes ago
19
minutes ago
Charlie
Savage
Trump
is leaning forward in his chair watching the judge as she looks though the
document with the assistance of a clerk. The judge says she is confirming that
the conditions are as stated on the record.
Aug.
3, 2023, 4:30 p.m. ET20 minutes ago
20
minutes ago
Charlie
Savage
Trump
is signing the document outlining his conditions of release, after being sworn
in again. Upadhyaya set a court date and said Trump must appear unless the
district judge relieves him of that responsibility.
Aug.
3, 2023, 4:30 p.m. ET20 minutes ago
20
minutes ago
Charlie
Savage
Upadhyaya
asks if Trump is prepared to comply with the conditions, and he nods and says
yes.
Aug.
3, 2023, 4:29 p.m. ET21 minutes ago
21
minutes ago
Charlie
Savage
Upadhyaya
is now warning Trump against violating the conditions of release and tells him
to listen carefully. If he fails to comply, a warrant may be issued for his
arrest, the conditions of release may be revoked, and he may be held pending
trial and receive a longer sentence. He could also be charged with contempt of
court.
Aug.
3, 2023, 4:27 p.m. ET22 minutes ago
22
minutes ago
Alan
Feuer
It
is no surprise that the government did not seek to detain Trump on the charges he
faces. He was not detained after his arraignment in Florida either.
Aug.
3, 2023, 4:32 p.m. ET18 minutes ago
18
minutes ago
Benjamin
Protess
It’s
also no surprise that prosecutors did not require Trump to surrender his
passport or attach any other serious condition to his release. The same thing
happened in the Florida case.
Aug.
3, 2023, 4:27 p.m. ET23 minutes ago
23
minutes ago
Charlie
Savage
Windom
tells the judge that the parties have agreed that, as a condition of release, Trump
must not violate federal or state law, must appear in court as directed and
must sign an appearance bond. He must not communicate with anyone he knows to
be a witness, except through his lawyers or in the presence of his lawyers.
Aug.
3, 2023, 4:28 p.m. ET22 minutes ago
22
minutes ago
Charlie
Savage
Lauro
says this accurately states the defense’s understanding of the conditions of
release.
Aug.
3, 2023, 4:28 p.m. ET22 minutes ago
22
minutes ago
Alan
Feuer
The
order imposed on Trump not to communicate with any witnesses in the case is the
same one imposed on him in the documents case.
Aug.
3, 2023, 4:26 p.m. ET23 minutes ago
23
minutes ago
Charlie
Savage
In
response to a question from Judge Upadhyaya, Windom confirms that the
government is not seeking to detain Trump.
Aug.
3, 2023, 4:26 p.m. ET24 minutes ago
24
minutes ago
Maggie
Haberman
It
can’t be stressed enough that Trump values projecting strength, and these
indictments and arraignments are events he spent a lifetime avoiding before his
presidency.
Aug.
3, 2023, 4:25 p.m. ET25 minutes ago
25
minutes ago
Charlie
Savage
Trump
returns to his chair and sits down.
Aug.
3, 2023, 4:25 p.m. ET25 minutes ago
25
minutes ago
Charlie
Savage
“Not
guilty,” Trump says to Counts 1 through 4.
Aug.
3, 2023, 4:25 p.m. ET25 minutes ago
25
minutes ago
Charlie
Savage
Upadhyaya
says Trump has a right to remain silent and asks Trump if he understands. He
says yes. She tells the government it has responsibilities, like sharing
evidence with the defendant. Windom says he understands.
Aug.
3, 2023, 4:24 p.m. ET26 minutes ago
26
minutes ago
Charlie
Savage
Upadhyaya
is reading the charges and explaining the possible maximum sentences for each one.
Count 1, Section 341, conspiracy to defraud the United States, carries a
maximum of five years in prison. Counts 2 and 3, the Section 1512 charges,
corrupt obstruction of a proceeding and conspiracy, carry penalties of up to 20
years. Count 4, Section 241, conspiracy against rights, carries a term of up to
10 years, she says.
Aug.
3, 2023, 4:21 p.m. ET29 minutes ago
29
minutes ago
Charlie
Savage
Judge
Upadhyaya asks Trump his name, and Trump stands up and starts walking toward
her. She advises him that he can sit and talk into the microphone. She asks his
name again, and he says, “Yes, your honor, Donald J. Trump, John.” She asks his
age and he says 77. She asks if he is on drugs today, and he says he is not.
Aug.
3, 2023, 4:21 p.m. ET28 minutes ago
28
minutes ago
Alan
Feuer
The
question about a defendant using drugs is standard operating procedure and not
specific to Trump.
Aug. 3, 2023, 4:20 p.m. ET29 minutes ago
29 minutes ago
Charlie Savage
Trump stands to be sworn in. Upadhyaya greets
him and informs him that they are here to deal with the indictment. She gives
him a roadmap: First she will advise him of the counts and the associated
penalties. Then she will inform him of his rights and government
responsibilities. Then she will arraign him. Then she will deal with any
conditions of release.
Aug.
3, 2023, 4:20 p.m. ET30 minutes ago
30
minutes ago
Neil
Vigdor
The legal issues with Ron DeSantis’s push to move cases away from
Washington, D.C.
Legal
experts say that an idea floated by Gov. Ron DeSantis of Florida about
transferring criminal cases out of Washington, D.C., is a flawed concept.
Mr.
DeSantis made the unusual suggestion in the moments after his rival, former
President Donald J. Trump, was indicted on Tuesday for trying to overturn the
2020 election, writing on Twitter that
“we need to enact reforms so that Americans have the right to remove cases from
Washington, D.C. to their home districts.” (Both men call Florida home.)
“It’s
going to be hard to square with the Constitution,” said Elizabeth Earle Beske,
an associate law professor at American University in Washington, D.C.
Several
scholars and lawyers noted that the Constitution says that trials “shall be held in the state where the said crimes shall
have been committed.” The federal rules of criminal procedure further
specify that the proceedings be held in the district of the alleged offense.
Defendants
can already seek a change of venue for their cases under the current law, the
experts pointed out, but the bar is high: They must demonstrate to the court
that they cannot otherwise obtain a fair and impartial trial.
Mr.
DeSantis, in echoing Mr. Trump’s “swamp” pejorative for Washington, seemed to
suggest that his rival could not get a fair trial in the nation’s capital.
Bryan Griffin, a campaign spokesman for Mr. DeSantis who went to Harvard Law
School and previously practiced law, said in an email that the governor’s idea
for moving cases had merit.
“Congress
can certainly change the rules of criminal procedure to allow defendants to
change venues out of D.C. for politically charged cases,” he said.
But
that premise was challenged by David B. Rivkin Jr., who served in the White
House Counsel’s Office and the Department of Justice during the Reagan and
George H.W. Bush administrations and practices appellate and constitutional law
in Washington.
“I
think it’s extremely unfortunate to characterize the D.C. jury pool in this
fashion,” he said. “Whatever you think about the U.S. government, the notion
that means that people who live in the district can be accused of being part of
the swamp, to me, is neither fair nor appropriate.”
Arthur
Hellman, a law professor emeritus at the University of Pittsburgh, suggested
that Mr. DeSantis had “not thought that through completely.”
“Criminal
venue was so important to the framers,” of the Constitution, he said.
Aug.
3, 2023, 4:18 p.m. ET31 minutes ago
31
minutes ago
Charlie
Savage
The
magistrate judge, Moxila A. Upadhyaya, just warned people not to record
anything in the courtroom or media overflow rooms.
Aug.
3, 2023, 4:18 p.m. ET32 minutes ago
32
minutes ago
Charlie
Savage
The
defense lawyer John F. Lauro introduced himself and Todd Blanche, and said
“President Trump” was present.
Aug.
3, 2023, 4:17 p.m. ET32 minutes ago
32
minutes ago
Charlie
Savage
A
prosecutor, Thomas P. Windom, introduced himself and a fellow prosecutor, Molly
Gaston. He identified the other woman at the prosecutors’ table as “F.B.I.
Special Agent Garner.”
Aug.
3, 2023, 4:19 p.m. ET31 minutes ago
31
minutes ago
Alan
Feuer
Generally,
an F.B.I. agent who appears with prosecutors in the courtroom is the case agent
on the investigation. We will see if that’s the case with Agent Garner.
Aug.
3, 2023, 4:16 p.m. ET34 minutes ago
34
minutes ago
Charlie
Savage
The
gavel just banged. Trump stood with his lawyers and everyone else at the “all
rise” order, then sat back down.
Aug.
3, 2023, 4:16 p.m. ET34 minutes ago
34
minutes ago
Maggie
Haberman
Privately,
people who have spoken with Trump recently have described him as angrier than they
recall seeing him in the past. This indictment is different than the others: a
true bill stating in no uncertain terms that he lost the 2020 election.
Aug.
3, 2023, 4:14 p.m. ET36 minutes ago
36
minutes ago
Charlie
Savage
Todd
Blanche, one of Trump’s lawyers, yawns and rubs his chin. Trump picks up a
paper and discusses it with another lawyer, John F. Lauro, who again hides his
mouth behind his hands like a football coach calling in the next play, trying
to thwart lip readers. The special counsel, Jack Smith, sits impassively. A
line of U.S. marshals blocks the door, shoulder to shoulder.
Aug.
3, 2023, 4:15 p.m. ET34 minutes ago
34
minutes ago
Charlie
Savage
A
reporter tries to come up with yet another descriptive way to convey that nothing
is happening yet.
Aug.
3, 2023, 4:13 p.m. ET37 minutes ago
37
minutes ago
Maggie
Haberman
Trump
has done everything he can do to try to make these indictments roll out on his
own terms. But now he’s at the mercy of prosecutors and the judge.
Aug.
3, 2023, 4:12 p.m. ET38 minutes ago
38
minutes ago
Charlie
Savage
Trump
came into the room at 3:51 p.m., so he has now been waiting 20 minutes.
Aug.
3, 2023, 4:10 p.m. ET40 minutes ago
40
minutes ago
Charlie
Savage
Trump
appeared to stare at Jack Smith for several moments. Now he is leaning forward
and appears to be staring at the prosecutors sitting at their table across from
him.
Aug.
3, 2023, 4:09 p.m. ET41 minutes ago
41
minutes ago
Luke
Broadwater
The
crowd outside the courthouse has grown and now outnumbers the hundreds of
members of the news media here.
Aug.
3, 2023, 4:08 p.m. ET42 minutes ago
42
minutes ago
Benjamin
Protess
It
is somewhat unexpected that Evan Corcoran is attending the arraignment. He
provided crucial evidence against Trump in the first federal indictment, over
the classified documents, though even after doing so, he continued to advise on
the case in Washington.
Aug.
3, 2023, 4:12 p.m. ET38 minutes ago
38
minutes ago
Maggie
Haberman
Corcoran
was brought into Trump’s world by Boris Epshteyn, an adviser who is traveling
with the former president today.
Aug.
3, 2023, 4:07 p.m. ET43 minutes ago
43
minutes ago
Charlie
Savage
Everyone
is waiting for the magistrate judge. Trump is conferring with John F. Lauro,
his lawyer, gesturing with his hands as he says something and then clasping
them again. Lauro is leaning close, resting on an elbow and covering his mouth
with his hand. Trump looks left, looks right, looks forward and waits.
Aug.
3, 2023, 4:00 p.m. ET50 minutes ago
50
minutes ago
Charlie
Savage
Todd
Blanche, one of Trump's lawyers, said something to Trump, who nodded. Trump
clasped, unclasped and re-clasped his hands. About 20 feet away is Jack Smith, the
special counsel, talking to another man and not looking at the former
president.
Aug.
3, 2023, 3:59 p.m. ET51 minutes ago
51
minutes ago
Charlie
Savage
Steven
Cheung, a spokesman for Trump’s 2024 campaign, is standing in the corner behind
the defense table area, along with some men who may be Trump’s Secret Service
detail based on their pins.
Aug.
3, 2023, 3:55 p.m. ET56 minutes ago
56
minutes ago
Charlie
Savage
Trump
ambled in and sat down at the defense table. He messed with some papers in
front of him and is now sitting, hands clasped. His lawyers, John F. Lauro and
Todd Blanche,
have sat down on either side of him.
Aug.
3, 2023, 3:56 p.m. ET54 minutes ago
54
minutes ago
Charlie
Savage
Lauro
is whispering something into Trump’s ear behind his hand. Blanche has gotten up
and is talking with Windom — one of the prosecutors — and another person at the
center of the room. They are flipping through papers.
Aug.
3, 2023, 3:57 p.m. ET53 minutes ago
53
minutes ago
Charlie
Savage
Aug.
3, 2023, 3:55 p.m. ET55 minutes ago
55
minutes ago
Charlie
Savage
Here are the charges Trump is facing.
The
indictment of former President Donald J. Trump on Tuesday leveled four criminal
counts against him over his efforts to stay in power after the 2020 election.
Those
charges are conspiracy to violate civil rights, conspiracy to defraud the
government, the corrupt obstruction of an official proceeding and conspiracy to
carry out such obstruction. Here is a closer look at those charges, and their
potential punishments.
Conspiracy to violate rights
Conspiracy
to violate rights is Section 241 of Title 18, the portion of the United States
Code that concerns federal criminal offenses. A conviction on this charge is
punishable by up to five years in prison.
Congress
enacted what is now Section 241 after the Civil War to go after white Americans
in the South, including members of the Ku Klux Klan, who used terrorism to
prevent formerly enslaved African Americans from voting. But in a series of
cases in the 20th century, the Supreme Court upheld an expanded use of the
statute to election-fraud conspiracies, like ballot-box stuffing.
In
invoking the statute, the indictment frames Mr. Trump’s conduct as “a
conspiracy against the right to vote and to have one’s vote counted.”
Essentially,
Mr. Smith accused Mr. Trump of trying to rig the outcome of the election.
“The
purpose of the conspiracy was to overturn the legitimate results of the 2020
presidential election by using knowingly false claims of election fraud to obstruct
the federal government function by which those results are collected, counted
and certified,” the indictment said.
The
indictment cites five means by which Mr. Trump and six unnamed co-conspirators
sought to reverse the results of the election, including pushing state
legislators and election officials to award electoral votes won by his
opponent, Joseph R. Biden Jr., to him instead.
“On
the pretext of baseless fraud claims, the defendant pushed officials in certain
states to ignore the popular vote; disenfranchise millions of voters; dismiss
legitimate electors; and ultimately, cause the ascertainment of and voting by
illegitimate electors in favor of the defendant,” the indictment said.
The
indictment said that involved the recruitment of fake electors in swing states
Mr. Biden won, trying to wield the power of the Justice Department to fuel lies
about election conspiracy, and pressuring Vice President Mike Pence to delay
the certification of the election or reject legitimate electors.
And
when all that failed, the indictment said, Mr. Trump and his co-conspirators
“exploited” the violent disruption of the riot on Jan. 6, 2021, by “redoubling
efforts to levy false claims of election fraud and convince members of Congress
to further delay the certification based on those claims.”
The
indictment, which recounts each of those episodes in detail, relies on the same
basic facts for the other counts against Mr. Trump.
Conspiracy to defraud the United States
Conspiracy
to defraud the United States involves Section 371. Any conviction on this
charge is also punishable by up to five years in prison.
This
charge has long been seen as a possible result of the investigation. In March
2022, for example, a federal judge ruled that emails belonging to John Eastman,
a lawyer who advised Mr. Trump in his efforts to remain in power, qualified for
an exemption from attorney-client privilege because they most likely involved a
Section 371 offense.
And
the House select committee investigating Jan. 6 recommended in its final report
in December 2022 that the Justice Department charge Mr. Trump and others with
conspiracy to defraud the United States.
Corrupt obstruction of an official proceeding
and conspiracy to commit that crime
Both
of the closely related third and fourth counts are provisions of Section 1512.
Any conviction under that statute is punishable by up to 20 years in prison.
Prosecutors
have used this law to charge hundreds of
people who participated in the storming of the Capitol on Jan. 6,
accusing them of obstructing the joint session of Congress to certify Mr.
Biden’s victory.
In
April, a federal appeals court upheld the viability of applying that charge in
relation to the Capitol attack. But using it against Mr. Trump may raise
different issues, because he did not personally participate in the riot.
Aug.
3, 2023, 3:52 p.m. ET58 minutes ago
58
minutes ago
Charlie
Savage
Trump
is entering the room.
Aug.
3, 2023, 3:51 p.m. ET59 minutes ago
59
minutes ago
Charlie
Savage
Evan
Corcoran, a lawyer for Trump who played a central role in the dispute that led to
his indictment over hoarding classified documents at Mar-a-Lago, has entered
the room and is sitting at the bench behind the defense table, which remains
empty for now.
Aug.
3, 2023, 3:51 p.m. ET59 minutes ago
59
minutes ago
Charlie
Savage
The
prosecutors have entered the courtroom. Jack Smith is sitting not at the
counsel table but on a pew-like bench between it and the public gallery. Thomas
P. Windom and Molly Gaston are at the table.
Aug.
3, 2023, 3:45 p.m. ET1 hour ago
1
hour ago
Benjamin
Protess
We
might not learn anything today about the timing of Trump’s trial, but once the
schedule is set, it could have far-reaching implications. Trump is already
facing two other criminal trials next year, in the thick of the 2024
presidential race, and the trial calendar in federal court in Washington is
quite backlogged.
Aug.
3, 2023, 3:42 p.m. ET1 hour ago
1
hour ago
Charlie
Savage
In
an unusual move on an unusual day, the district court’s chief judge, James E. Boasberg,
has entered the courtroom and is apparently going to watch the proceedings as a
spectator. As noted earlier, he presides over the grand jury that investigated
Trump, and this is normally his courtroom, but a magistrate judge will be in
his seat today.
Aug.
3, 2023, 3:35 p.m. ET1 hour ago
1
hour ago
Jonathan
Swan
The
Trump team handed this reading material to the reporters traveling with his
motorcade. It synthesizes their theme: trying to portray the indictments as
part of a sinister scheme by Democrats to cover up for President Biden and his
son Hunter.
Aug.
3, 2023, 3:33 p.m. ET1 hour ago
1
hour ago
Alan
Feuer
Earlier
today, one of Trump’s lawyers, John F. Lauro, filed a notice that he would
appear in the case. Just now, his other lawyer, Todd Blanche, filed what’s
known as a motion for admission pro hac vice. That’s how lawyers who aren’t
licensed to practice in a given district are allowed to represent clients
there.
Aug.
3, 2023, 3:36 p.m. ET1 hour ago
1
hour ago
Benjamin
Protess
Blanche,
who left his law firm partnership to lead Trump’s defense, is serving as the
former president’s lawyer in his two other criminal cases as well. Blanche also
represents Boris Epshteyn, a Trump adviser whose conduct has come under
scrutiny from federal investigators.
Aug.
3, 2023, 3:30 p.m. ET1 hour ago
1
hour ago
Kayla
Guo
A
mini rock concert has broken out among Trump’s opponents on the steps outside
the courthouse. The primary lyric is cursing white supremacy.
Aug.
3, 2023, 3:30 p.m. ET1 hour ago
1
hour ago
Reporting
from Washington
What happens if Trump is elected while facing charges? Or after he’s
convicted?
Despite
multiple criminal indictments, former President Donald J. Trump is still the
front-runner for the Republican nomination.
If
former President Donald J. Trump wins the presidency even as criminal charges
against him still loom, a series of extraordinary complications would ensue.
The
indictment on Tuesday over his attempts to remain in power after he lost the
2020 election added to the mounting legal peril that Mr. Trump, the
front-runner for the Republican Party, faces as he campaigns for a second term
in the White House.
Mr.
Trump currently faces three criminal cases: The federal case brought in
Washington this week by the special counsel, Jack Smith; a separate federal
case brought by Mr. Smith in Florida accusing Mr. Trump of mishandling national
security secrets; and a case in New York State Court accusing him of falsifying
business records in connection with a hush money payment to a porn star.
Were
Mr. Trump to be elected again and a federal case still be pending on
Inauguration Day, he could simply use his power as president to force the
Justice Department to drop the matter, as he has suggested he might do.
(It
is not yet clear when a trial over his efforts to overturn the 2020 election
will start. The classified documents case has a trial date set
for May,
although that could be pushed back.)
The
Constitution does not give presidents supervisory authority over state
prosecutors, so Mr. Trump would not be able to simply call off the case in New
York, which is scheduled for trial in March. Nor would that approach work for a
potential case in Georgia, where the Fulton County district attorney, Fani
Willis, has indicated she is nearing a decision on charges in her own
election-interference investigation.
But
Mr. Trump could essentially try to hit pause on any state charges. In the past,
the Justice Department has taken the position that a criminal legal proceeding
against a president while he is in office would be unconstitutional because it
would interfere with his ability to perform his duties.
There
is, however, no definitive Supreme Court ruling on the matter because the issue
has never arisen before. In 1997, the Court allowed a federal lawsuit against
President Bill Clinton to proceed while he was in office — but that was a civil
case, not a criminal one.
Things
would get even more complicated if Mr. Trump were to be convicted in one or
more cases and still win the 2024 election.
For
a conviction in a federal case, he would most likely move to pardon himself, a
power Mr. Trump claimed in 2018 that
he had the “absolute right” to wield.
It
is not clear whether a self-pardon would be legitimate. But no text in the
Constitution bars a president from doing so, and the issue has never been
tested in court.
In
1974, the Justice Department did issue a terse legal opinion stating
that President Richard Nixon did not appear to have the authority to pardon
himself “under the fundamental rule that no one may be a judge in his own
case.”
But
the opinion did not explain what transformed that principle into an unwritten
limit on the power the Constitution bestows on presidents, and legal experts
have disagreed on that question.
And
Mr. Trump would almost certainly use his control of the Justice Department to
ensure that it reverses its position.
If
the Justice Department opted not to challenge a self-pardon, it is not clear
who else would have legal standing to pursue the matter.
Again,
a state case would be different. A self-pardon is not an option because the
Constitution does not empower a president to forgive state offenses; that is a
power wielded by governors.
If
Mr. Trump were unable to secure a governor’s pardon, he could seek a federal
court order delaying any incarceration — or requiring his release from prison —
while he is the sitting president, on constitutional grounds.
Yet
another possibility: If Mr. Trump were incarcerated upon the start of his
second term, he could be removed from office under the 25th Amendment as
“unable to discharge the powers and duties of his office.”
That
section of the 25th Amendment requires the vice president and a majority of the
president’s cabinet to determine he is unable to serve.
Among
the questions that possibility would raise is who qualifies as a cabinet member
if the Senate has not confirmed any new political appointees by Mr. Trump. But
perhaps as important, it would also require Mr. Trump’s running mate — a person
who would have agreed to join the campaign of a candidate facing multiple
indictments — to sign off on his removal from power.
Aug.
3, 2023, 3:22 p.m. ET1 hour ago
1
hour ago
Charlie
Savage
The
hearing will take place in the courtroom normally used by the district court’s
chief judge, James E. Boasberg.
The reason is technical, court staff said: It was already wired in a way that
allowed for a closed-circuit video feed to be easily routed to spillover rooms
for the news media and the public.
Aug.
3, 2023, 3:22 p.m. ET1 hour ago
1
hour ago
Charlie
Savage
The
room has light blue-gray carpet, four rows of wooden pew-style seating for the
gallery, wood paneling and marble facing on the wall behind the dais. Here is
a photograph of Judge Boasberg that
shows some of the room. (While Judge Boasberg has presided over the grand jury
investigating Trump, a magistrate judge, Moxila A. Upadhyaya, will preside over
the arraignment.)
Aug.
3, 2023, 3:16 p.m. ET2 hours ago
2
hours ago
Jonathan
Swan
Here’s
Boris Epshteyn, who is part of Trump’s traveling party. Epshteyn has not been
indicted by Jack Smith, but his private communications indicate that he could
be the unnamed co-conspirator 6, as we reported
Wednesday.
He remains in Trump’s inner circle and played a significant role in trying to
help him overturn the 2020 election.
Aug. 3, 2023, 3:16 p.m. ET2 hours ago
2 hours ago
Kayla Guo
Tom Goodman, a New Yorker whose shirt declared “ULTRA
EXTREME MAGA,” said he had come to Washington to “support the boss in what some
people would call enemy territory.” Standing outside the courthouse, he called
the indictment a “sham.” He added that Trump had such a “proven track record”
of putting America first that there was little, if anything, he could do to
shake Goodman’s support.
Aug. 3, 2023, 3:12 p.m. ET2 hours ago
2 hours ago
Maggie Haberman and William K.
Rashbaum
A new lawyer, John Lauro, is joining Trump’s team for the
latest case.
Mr. Lauro, who has not represented Mr. Trump in his previous
two indictments, and Todd Blanche, who has, will be at the defense table in the
courtroom, aides to Mr. Trump said. Earlier in the day, Mr. Lauro filed a
notice of appearance in the case.
He is joining Mr. Trump’s defense team strictly to focus on
the indictment stemming from Mr. Trump’s efforts to remain in office after the
2020 election, aides said. But he brings deep experience with white-collar
criminal cases and a measured and unflappable nature, according to people who
have worked with him.
Christopher M. Kise — a member of the Trump legal team who
has worked with Mr. Lauro before — described him as a “tenacious lawyer with an
eye for critical details and masterful at cross-examination.” Mr. Kise, who is
working on other cases, said the Trump team was “privileged to have him.”
Among Mr. Lauro’s highest-profile cases was a 2007 defense
of Tim Donaghy, a former N.B.A. referee who pleaded guilty to betting on games
and taking payoffs from gamblers.
Mr. Blanche is representing Mr. Trump in the two other cases
in which he has been indicted: the state case in Manhattan related to hush
money payments to a porn star during the 2016 race, and the federal indictment
in Miami accusing Mr. Trump of retaining reams of national defense information
after his presidency and obstructing the government’s efforts to retrieve the
material.
Mr. Blanche, who went to law school while working as a
paralegal in the United States Attorney’s Office for the Southern District of
New York and then served as a prosecutor there for nine years, has also
represented other high-profile clients. They include Igor Fruman, a former
associate of Rudolph W. Giuliani, who worked for Mr. Trump during the 2020
election. Mr. Fruman pleaded guilty in a campaign finance case and was
connected to Mr. Giuliani’s efforts to find “dirt” against President Biden and
his son Hunter.
Mr. Blanche also represented Paul Manafort, Mr. Trump’s
campaign chairman in 2016, in a successful fight to get a New York case against
him dismissed. Mr. Manafort had also been charged federally, and his lawyers
argued that it was essentially double jeopardy to charge him at the state
level, too. Mr. Manafort is among those who recommended Mr. Blanche to Mr.
Trump, a person close to the former president said.
Mr. Kise, who is working with Mr. Blanche on the federal
documents case, said he has been “honored” to work with him and that he has “an
exceptional legal mind and a compelling courtroom presence.”
Aug. 3, 2023, 3:10 p.m. ET2 hours ago
2 hours ago
Charlie Savage
Trump’s appearance is taking place on the same day as some
regular proceedings. Waiting to go through security this morning, I was
standing behind Jeffrey Grace of Oregon, who was here for his sentencing
hearing after pleading guilty to a misdemeanor trespassing charge arising from
the Jan. 6 riot. He and his lawyer told me that they had asked for him to be
sentenced to time served (he was held for one day in Oregon for this offense),
and that prosecutors had asked for six months. The court docketing system shows
that Judge Randolph D. Moss sentenced him to 75 days of incarceration and 12
months of supervised release.
Aug. 3, 2023, 3:07 p.m. ET2 hours ago
2 hours ago
Jonathan Swan
Trump just got off his plane at Reagan National Airport. I’m
in the motorcade following him with more than a dozen other reporters.
Aug. 3, 2023, 3:03 p.m. ET2 hours ago
2 hours ago
Kayla Guo
Trump’s detractors arrived at the courthouse in a
celebratory mood. Nadine Seiler, wearing a T-shirt reading “Trump Indicted,”
said she was so giddy that she had hardly been able to work since the news came
out.
“America likes to go around the world pointing fingers at
everybody, telling us about democracy and telling us about human rights,”
Seiler, who is from Trinidad, said. “I’m so glad that America is finally,
finally making a step toward living up to her ideals of accountability for
everyone. No one is above the law.”
Aug. 3, 2023, 3:02 p.m. ET2 hours ago
2 hours ago
Maggie Haberman
Trump is traveling without any family members, as has been
typical of these indictment motorcades.
Aug. 3, 2023, 3:01 p.m. ET2 hours ago
2 hours ago
Here are the prosecutors who will lead the case against
Trump.
Thomas P. Windom is a veteran prosecutor known for a successful
case against members of a white supremacist cell in Maryland.Credit...
While former President Donald J. Trump’s indictment in
Florida over his retention of classified documents came at relative warp speed
for the Justice Department, the criminal inquiry into his efforts to overturn
the results of the 2020 election was slower to unfold.
But that investigation accelerated quickly after the
appointment last November of a special counsel, Jack Smith, who has overseen a
small team of veteran prosecutors inherited, for the most part, from an
existing investigation into the Jan. 6, 2021, attack on the Capitol that had
been based in the United States attorney’s office in Washington.
A central player has been Thomas
P. Windom, a veteran prosecutor known for a successful case against
members of a white supremacist cell in Maryland. He was quietly brought on in
late 2021 — nearly a year before Mr. Smith’s appointment — when it was clear
the inquiry would inevitably lead to Mr. Trump.
Working under the close supervision of aides to Attorney General
Merrick B. Garland, Mr. Windom began to methodically seek information about the
roles played by some of Mr. Trump’s top advisers, including Rudolph W.
Giuliani, Jenna Ellis and John Eastman, with a mandate to go as high up the
chain of command as the evidence warranted.
He continued in that role after Mr. Smith’s appointment and
has become a familiar figure at a federal courthouse that has been the venue
for dozens of cases concerning the Capitol riot, including Mr. Trump’s. (A
little too familiar to some: Last month, a federal judge hauled
Mr. Windom out of a Trump-related proceeding, upset that he had
prevented a lawyer representing a witness in front of a grand jury from
appearing in his courtroom.)
Another key player — and someone Mr. Smith knew from his
days as chief of the department’s public corruption unit — is J.P. Cooney, a
veteran of the public corruption division of the U.S. attorney’s office in
Washington.
Mr. Cooney, in particular, is known for his aggressive
approach. He unsuccessfully prosecuted two Democrats — Senator
Bob Menendez of New Jersey and Gregory
B. Craig, a White House counsel during the Obama administration —
and investigated Andrew G. McCabe, the former F.B.I. deputy director, whom Mr.
Trump vilified for the bureau’s investigation into ties between Mr. Trump’s
2016 campaign and Russia. (Mr. McCabe was never prosecuted.)
In early 2021, Mr. Cooney pressed federal law enforcement
officials to turn their attention to people in Mr. Trump’s orbit, including his
flamboyant political adviser Roger J. Stone Jr., according to The Washington
Post. He would eventually work on the successful prosecutions of
Mr. Stone and another Trump adviser, Stephen K. Bannon.
He joined Mr. Windom’s team in mid-2022, then moved into Mr.
Smith’s office late last year.
The assistant U.S. attorney in federal court on Tuesday,
when a grand jury handed up a four-count indictment against Mr. Trump, was
Molly Gaston, who has worked closely with Mr. Cooney on the Stone and McCabe
cases.
Aug. 3, 2023, 2:55 p.m. ET2 hours ago
2 hours ago
Alan Feuer
The prosecutors likely to appear in court across from Trump
today are Thomas P. Windom, J.P. Cooney and Molly Gaston. Windom was brought in
from Maryland in late 2021 to look at Trump’s role in election interference.
Cooney has been working on related investigations into Trump’s fund-raising,
and Gaston is said to be the prosecutor who handed the indictment to a
magistrate judge on Tuesday.
Aug. 3, 2023, 2:56 p.m. ET2 hours ago
2 hours ago
Alan Feuer
It’s not clear whether the special counsel, Jack Smith, will
join his team in the courtroom today, but he was in the room when Trump was
arraigned in Miami in June in a separate case related to his handling of classified
documents.
Aug. 3, 2023, 2:51 p.m. ET2 hours ago
2 hours ago
Charlie Savage
Inside the courthouse, there are more security officers and
U.S. marshals than usual pacing the halls and blocking a stairway that is
normally accessible. Most reporters, including me, are in two overflow rooms
where we can watch a closed-circuit video feed, and a small subset — 15, chosen
by lottery, with no outlet allowed more than one — have been taken into the
courtroom. My colleague Glenn Thrush is one of them; we can see them in the
back two rows on the left side, from the judge’s vantage point.
Aug. 3, 2023, 2:48 p.m. ET2 hours ago
2 hours ago
Campaigning between trial dates: The 2024 presidential
race will look like no other before it.
With Donald J. Trump’s expected not-guilty plea Thursday on
charges that he criminally attempted to overturn the 2020 presidential
election, the campaign of 2024, as we know it, may effectively end.
The former president’s rivals — a half dozen or so — will
still be on the hustings in the early primary and caucus states of Iowa, New
Hampshire and South Carolina. And later, if Mr. Trump wins the Republican
nomination, both he and President Biden will still swing into battleground
states and blare ads on cable in an attempt to sway voters, who
will ultimately decide whether Mr. Trump returns to power.
But Mr. Trump’s stunning pileup of criminal indictments and
civil cases has ensured that the outcomes of the trials may have more bearing
on the 2024 election results than the agitprop of American politics: the
rallies, advertising blitzes, dueling party conventions and presidential
debates.
Mr. Trump’s open deliberation about skipping the first
primary debate, a pillar of American campaigns, is perhaps the first bit of
evidence.
“This day is all the more tragic and regrettable because the
former president has cynically chosen to inflict this embarrassing spectacle on
the nation — and a spectacle it will be,” J. Michael Luttig
wrote, a retired conservative appeals court judge, wrote after
Mr. Trump’s most recent indictment. He added, “For the first time in history, an American president will
be on criminal trial in multiple venues — federal and state — during a
presidential campaign in which he will be the presumptive nominee of the
Republican Party.”
At this point, it is getting harder to see how the other
contenders for the Republican nomination can dislodge Mr. Trump from the lead.
Seventeen percent of voters who prefer him over Mr. Biden think either that he
has committed serious federal crimes or that he threatened democracy with his
actions after the 2020 election, according to the
latest New York Times/Siena College poll.
A far larger 71 percent of Republicans say the former
president has not committed serious crimes, the same percentage who say
Republicans need to stand behind Mr. Trump through his legal trials.
“I hate to use his words, because I do think he’s kind of
silly sometimes, but it is a witch hunt,” said Lynette Dashner, 54, of Concord,
Calif. “The Democratic Party has been going after Donald Trump since the get
go.”
The Biden campaign has promised the president will campaign
for re-election, making no mention of Mr. Trump’s legal trials and travails.
That may be so, but will people be listening amid the Trump-centered barrage?
After Thursday’s arraignment will come the countdown to another possible
indictment in the coming weeks from a grand jury in Fulton County, Ga.,
considering charges that would stem from Mr. Trump’s efforts to overturn the
2020 election results in that state.
A civil
fraud trial brought by Attorney General Letitia James of New York
is expected to begin in October. A second
defamation suit against Mr. Trump, brought by the writer E. Jean Carroll, who already
secured Mr.
Trump’s liability for sexually assaulting her, is set to begin Jan. 15.
A six-year-old federal lawsuit accusing Mr. Trump and his family of promoting a
pyramid scheme is set for trial Jan. 29. The felony case brought by the Manhattan district
attorney, Alvin L. Bragg, connected to hush money paid to a pornographic film
actress just before the 2016 election, is set
for trial March 25.
Two
months later — and less than two months before the Republican convention in
Milwaukee — Mr. Trump is set to stand trial in Florida on federal charges that he mishandled
highly classified national security documents, then obstructed the government’s
efforts to retrieve them.
His trial date for the charges surrounding efforts to cling
to power after his election loss has not been set.
Show more
Aug. 3, 2023, 2:47 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
At the arraignment, prosecutors will also tell the judge
what, if any, conditions they want for Trump’s release. At his last arraignment
in Miami, they didn’t seek any conditions, and at the moment, there’s no reason
to think that will change today.
Aug. 3, 2023, 2:42 p.m. ET2 hours ago
2 hours ago
Who is the judge handling Trump’s initial court
appearance?
Former President Donald J. Trump’s court appearance in
Washington on Thursday, his first since he was indicted in the 2020 elections
case, will be presided over by Magistrate Judge Moxila A. Upadhyaya.
Any trial over Mr. Trump’s efforts to stay in power despite
his electoral loss will be overseen by Judge
Tanya S. Chutkan. But magistrate judges like Judge Upadhyaya handle many
preliminary proceedings for criminal cases, including arraignments, which Mr.
Trump’s appearance on Thursday is expected to be. (He is expected to enter a
“not guilty” plea, as he did in two
previous arraignments this year.)
Judge Upadhyaya was appointed last
year, and has handled proceedings for several Jan. 6 defendants
at the E. Barrett Prettyman Federal Courthouse in Washington.
Before being appointed to the bench, she was a complex
commercial litigation lawyer and a law clerk for judges on the United States
District Court in Washington and the United States Court of Appeals for the
District of Columbia Circuit. The law firm where she eventually became a
partner, Venable L.L.P., described her experience with the federal and state
court systems as “second to none.”
Judge Upadhyaya was born in Gujarat, India, and raised in
Missouri before she attended American University’s Washington College of Law.
Her biography on the Federal District Court’s website includes
an audio
clip demonstrating the correct pronunciation of her name.
She donated at least $2,550 to political candidates, all
Democrats, in the decade before her judicial appointment, according to OpenSecrets.
Aug. 3, 2023, 2:41 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
Trump’s court appearance should last less than an hour,
barring some unforeseen fireworks. He will hear the charges against him and
plead not guilty.
Aug. 3, 2023, 2:40 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Perhaps for security reasons, Trump’s court appearance has
not been listed in any of the usual places. There is no entry for it on the
public docket connected to his case, and it is not mentioned on the
courthouse’s daily calendar of hearings.
Aug. 3, 2023, 2:43 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Normally, proceedings at the federal courthouse in
Washington are open to the public and easy to access. Today’s proceeding for
Trump will be a little different given the security concerns and the army of
reporters who have descended on the building. There will be no way to watch or
listen remotely.
Aug. 3, 2023, 2:40 p.m. ET2 hours ago
2 hours ago
Kayla Guo
A couple hundred members of the news media are set up under
overcast skies outside the federal courthouse where Trump will soon be
arraigned. A few dozen of his supporters and opponents are also here lapping up
the attention. Outnumbering them, though, are ordinary tourists who happened to
be sightseeing nearby when they stumbled upon the historic scene.
Aug. 3, 2023, 2:39 p.m. ET2 hours ago
2 hours ago
Alan Feuer
With his hearing today, Trump will finally make an
appearance in the courthouse where hundreds of his followers have been
prosecuted on various charges connected to the attack on the Capitol on Jan. 6,
2021. His name has been invoked in countless trials and proceedings for other
rioters. Now he will take center stage himself.
Aug. 3, 2023, 2:32 p.m. ET2 hours ago
2 hours ago
Alan Feuer
Trump will appear in Federal District Court in Washington
this afternoon after receiving a summons. He is not being “arrested,” as he
recently claimed on his social media platform.
Aug. 3, 2023, 2:29 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
This is becoming a familiar routine for Trump. It will be
his third arraignment in four months. In March, he was indicted in Manhattan on
charges related to covering up a potential sex scandal with a porn star, and in
June, he was indicted in Miami on charges of mishandling classified records and
obstructing the government’s investigation.
Aug. 3, 2023, 2:28 p.m. ET2 hours ago
2 hours ago
No mug shot, but Trump’s fingerprints will be taken at the
courthouse.
Former President Donald J. Trump’s second federal
arraignment this year is expected to follow a rhythm similar to his first: He
will be fingerprinted but not have his mug shot taken.
As happened before his arraignment in Miami on charges of
mishandling government documents, the U.S. Marshals Service, which is
responsible for security inside federal courthouses, will escort him to a
booking area.
Like last time, they will not take his picture, according to
a law enforcement official involved in the planning. But federal rules dictate
that an accused person be reprocessed in each jurisdiction in which he or she
faces charges, so Mr. Trump will have to be fingerprinted for a second time
using an electronic scanning device. He is also expected to answer a series of
intake questions that include personal details, such as his age.
Mr. Trump also did not have a mug shot taken when he was
arraigned earlier this year in New York on state charges in connection with a
hush-money payment to a pornographic actress before the 2016 election. But his
campaign did immediately start selling
shirts with a pretend booking photo.
A genuine booking photo could still be in Mr. Trump’s
future. The sheriff in Fulton County, Ga., where another potential indictment
connected to Mr. Trump’s efforts to undermine the 2020 election looms, has
suggested that if Mr. Trump is charged, he will be processed like anybody
else, mug
shot and all.
Aug. 3, 2023, 2:23 p.m. ET2 hours ago
2 hours ago
Benjamin Protess
Before Trump appears in court, he will have to be booked and
fingerprinted. Secret Service agents will accompany him at all times.
Aug. 3, 2023, 2:17 p.m. ET3 hours ago
3 hours ago
Trump’s fund-raising surged after each of his first two
indictments.
Former President Donald J. Trump’s legal challenges have
proven to be lucrative fund-raising opportunities. His first two indictments
and court appearances have been followed by steep increases in online donations
to his committees.
Trump
Fund-Raising Surges From Indictments
Online donations to Donald J. Trump, by day
Note: Fund-raising totals include money raised for Donald J.
Trump For President 2024 and Trump Save America J.F.C. via WinRed.
Source: Federal Election Commission
By Andrew Fischer
Mr. Trump appears to be looking to capitalize on his third
indictment, which was announced on Tuesday. By Wednesday, he had already sent
out emails urging supporters to stand with him by making contributions and
purchasing merchandise.
A quarter of Mr. Trump’s online fund-raising this year
occurred in the weeks around his first indictment. Contributions around the
second indictment were not nearly as substantial, and it remains to be seen
whether donors stick with Mr. Trump as his legal troubles have multiplied.
Aug. 3, 2023, 2:15 p.m. ET3 hours ago
3 hours ago
Reid Epstein
President Biden has said very little about the various
charges against Trump. When he was asked by the White House
press pool Thursday if he would be following the arraignment,
Biden, while zooming past on his bike, replied, “No.”
Aug. 3, 2023, 2:03 p.m. ET3 hours ago
3 hours ago
Here’s what to expect from Trump’s court appearance.
Former President Donald J. Trump’s arraignment on a
four-count federal indictment on Thursday will mark a momentous and once
unimaginable turn in Mr. Trump’s long public life. And yet his appearance in a
public courtroom in Washington should be a relatively routine affair.
Arraignments typically last an hour or less and cover a few
mundane topics. They are by now familiar to Mr. Trump, who has already been
arraigned once each in state and federal court in the past four months.
After he arrives at the courthouse, Mr. Trump will be booked
and fingerprinted, all part of the behind-the-scenes process of being a
criminal defendant at the E. Barrett Prettyman courthouse, the venue for dozens
of trials stemming from the Jan. 6, 2021, attack on the Capitol.
Once in court, Mr. Trump will hear the charges against him,
which center on his effort to overturn the 2020 election results. Moxila A.
Upadhyaya, the federal magistrate judge overseeing the arraignment, will then
ask for his plea. Mr. Trump, or one of the lawyers acting on his behalf, will
almost certainly respond “not guilty.”
Judge Upadhyaya, who will soon hand off the case to a trial
judge, Tanya S. Chutkan, will also probably ask prosecutors to present any
conditions for Mr. Trump’s release. The prosecutors — working for the special
counsel, Jack Smith — might attach few if any strings. When Mr. Trump was
indicted in June, accused
of mishandling classified documents and obstructing the government’s investigation, Mr.
Smith requested no bail and no restrictions on Mr. Trump’s travel, reflecting
his status as the leading contender for the 2024 Republican presidential
nomination.
At some arraignments, judges set a preliminary calendar for
the case. The schedule could have far-reaching implications, with Mr. Trump
already facing two other criminal trials next year, in the thick of the 2024
race. (In addition to the documents case, the Manhattan district attorney
brought charges against Mr. Trump in March, accusing him of trying to cover up
a potential sex scandal with a porn star before the 2016 election.)
But because the magistrate judge, not Judge Chutkan, is
presiding over the arraignment, those more consequential matters will probably
have to wait.
Although arraignments are typically low-key proceedings,
nothing about Mr. Trump and his legal woes is ever fully devoid of drama. It
remains unclear whether any of his lawyers or advisers, who have been publicly
attacking the indictment the last two days, will air their grievances at the
arraignment or save their concerns for Judge Chutkan’s courtroom.
If the proceeding goes as planned, it should conclude around
5 p.m., at which point Mr. Trump is expected to return to his private jet,
which will take him back to his golf club in Bedminster, N.J.
Aug. 1,
2023, 5:33 p.m. ETAug. 1, 2023
Aug. 1,
2023
Ben
Protess, Alan
Feuer and Danny
Hakim
Donald Trump faces several investigations.
Former
President Donald J. Trump faces a host of investigations, at both the state and
federal levels, into matters related to his business and political careers.
He had
been indicted in two cases, including on federal criminal charges as part of
the special counsel’s investigation into Mr. Trump’s
handling of classified documents and
whether he obstructed the government’s efforts to recover them after he left
office.
In April,
Mr. Trump was indicted in New York state court in Manhattan on 34 felony counts
related to his role in what prosecutors described as a hush-money scheme to
cover up a potential sex scandal in order to clear his path to the presidency
in 2016.
A Georgia
prosecutor is also in the final stages of an investigation into Mr. Trump’s
attempts to reverse the election results in that state.
The Events on Jan. 6
·
Timeline: On
Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President
Donald Trump raided the Capitol.
Here is a close look at how the attack
unfolded.
·
A Day
of Rage: Using thousands of videos and police
radio communications, a New York Times investigation reconstructed in
detail what happened — and why.
·
Lost
Lives: A bipartisan Senate report found that at
least seven people died in
connection with the attack.
·
Jan.
6 Attendees: To many of those who attended the Trump rally but
never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.
ATTACHMENT “C” – From
x26 Guk
Trump appears in court to face charges of election subversion
efforts
Former
president’s arraignment comes two days after special counsel Jack Smith issued
an indictment for four felony counts
By Hugo Lowell and Joan E Greve Thu 3 Aug 2023 14.29 EDT
Donald
Trump appeared in a Washington courthouse to surrender to federal authorities on Thursday afternoon.
He was expected to plead not guilty to charges that he conspired to defraud the United States among other crimes in his quest to
subvert the results of the 2020 presidential election.
The
twice-impeached former president,
who has now been indicted three times since leaving the White House, was
expected to be booked and fingerprinted in the federal district court before
being escorted to his arraignment, which has been set for 4pm.
Trump
left his Bedminster gold club in New Jersey on Thursday afternoon to make his
way to Newark Liberty international airport, where he boarded a plane bound for
DC. He arrived at the E Barrett Prettyman federal courthouse in Washington
shortly before his scheduled arraignment.
Some
of his supporters gathered outside the courthouse to welcome the former
president. Anti-Trump protesters also congregated outside the courthouse,
holding signs that read, “Save our democracy!” and “Lock him up”.
In
a post Foxd to his social media
platform Truth Social, Trump said he viewed the indictment as “a great honor
because I am being arrested for you”, speculating that the criminal charges
would actually bolster his presidential campaign. Meanwhile, Joe Biden, who is
currently on vacation in Delaware, maintained his silence on the arraignment,
ignoring reporters’ questions about the case.
The
initial appearance from Trump to enter a plea formally starts the months-long
pre-trial process that will run into the timetable for his other criminal
trials next year and the 2024 presidential race, where Trump is the frontrunner for the Republican nomination.
Thursday’s
arraignment follows the release of a 45-page indictment alleging fundamentally
that Trump convened fake slates of electors and sought “sham election
investigations” from the justice department in order to obstruct the
certification of the election result in an attempt to remain president.
The
indictment also listed six co-conspirators who were not charged in the
indictment. While they were unnamed, the descriptions of five of the six
matched those of the Trump lawyers Rudy Giuliani, Sidney Powell, John Eastman,
Kenneth Chesebro as well as the former US justice department official Jeff
Clark.
Thursday’s
hearing in the courthouse – just blocks from the Capitol building, where
Trump’s efforts to reverse his election defeat to Biden culminated in the
January 6 riot – was expected to be overseen by US magistrate judge Moxila
Upadhyaya.
Magistrate
judges typically handle the more routine or procedural aspects of court cases,
such as arraignments, but the case itself has been assigned to US district
court judge Tanya Chutkan, a former assistant public defender who was nominated
to the bench by Barack Obama.
In
2021, Chutkan was the judge who rejected Trump’s attempt to block the House
January 6 select committee investigating the Capitol riot from gaining access
to presidential records. “Presidents are not kings, and plaintiff is not
president,” she wrote at the time.
The
charges in Washington came in the second indictment brought by the special
counsel Jack Smith, who previously charged Trump in June with retaining national security documents at his Mar-a-Lago club in Florida and obstructing the
government’s efforts to retrieve them.
Trump has also been indicted in an unrelated case by the
Manhattan district attorney, who charged him over hush-money payments to adult film star Stormy Daniels before the 2016 election.
He is expected to be indicted a fourth time over 2020 election-related charges
in Georgia.
ATTACHMENT “D” – From
x31 Fox
Donald Trump pleads 'not guilty' during arraignment in
Jan. 6 case
Former
President Donald Trump pleaded "not guilty" in federal court in Washington,
D.C., Thursday afternoon after being indicted on charges that stem from Special
Counsel Jack Smith's investigation into 2020 election interference and the
Capitol riot on Jan. 6, 2021.
By: Chris Pandolfo, Brandon Gillespie, Houston Keene, Brooke Singman and Liz Elkind
Former President Trump's plane departed Ronald Reagan Washington
International Airport after he pleaded "not guilty" on
Thursday to four federal charges stemming from Special Counsel Jack Smith's
investigation into 2020 election interference and the Capitol riot on Jan. 6,
2021.
Trump, the 2024 GOP front-runner, is charged
with conspiracy to defraud the United States, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official
proceeding, and conspiracy against rights.
Trump traveled from his resort in Bedminster,
New Jersey on Thursday to Washington D.C. His first court appearance took place
at the U.S. District Court for the District of Columbia.
Fox:
Posted by Brandon Gillespie
BREAKING NEWS25 min(s) ago
approx 1635 Trump
departs DC courthouse after ‘not guilty’ plea in Jan. 6 case
Former President Trump departed the
federal courthouse in Washington, D.C. after pleading "not guilty" on Thursday to four federal
charges stemming from Special Counsel Jack Smith's investigation into 2020
election interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP front-runner, is charged
with conspiracy to defraud the United States, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official
proceeding, and conspiracy against rights.
Trump traveled from his resort in Bedminster,
N.J., Thursday to Washington D.C. His first court appearance took place at the
U.S. District Court for the District of Columbia.
U.S. District Judge Tanya
Chutkan presided over the proceedings. Chutkan, a former assistant public
defender before her appointment to the bench by President Barack Obama, has
handled several cases involving individuals who entered the Capitol on January
6.
Fox: Posted by Brandon Gillespie Fox
29 min(s) ago
1631
John
Bolton says Jack Smith has 'strong case' on Trump, warns an acquittal could be
'devastating'
Special
Counsel Jack Smith has
built a “strong case” against former President Donald Trump, his own
ex-National Security Advisor said just after he entered a Washington, DC
courthouse for his arraignment.
However, he warned that Trump’s political fate
likely hinges on the outcome – and said a “not guilty” verdict would be
“devastating.”
“I think this indictment lays out a pretty
strong case,” Bolton said on CNN. “I think it was right to bring the
[classified] documents case, I think it's important to have both of these cases
brought to trial before the election, as far in advance of the election as
possible. But I want to underline what we're doing. I think it's the right
thing to do, but it is a modified form of Russian roulette.”
Bolton is one of several former Trump
officials to have turned against the former president after Jan. 6.He
explained, “If Trump is convicted in one or both of the federal cases, I think
that will turn things upside down. I think he could be denied the Republican
nomination. He'd certainly lose the election.”
“But the risk is real… the impeachment efforts
against Trump failed twice to convict him, and what it what was the consequence
of the failure? Emboldening and empowering Trump. Acquittals here would be even
more devastating.”
49 min(s) ago
1611
Trump
pleads 'not guilty' to charges stemming from special counsel's Jan. 6 probe
Former President Donald
Trump pleaded "not guilty" on Thursday to four
federal charges stemming from Special Counsel Jack Smith's investigation into
2020 election interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP front-runner, is charged
with conspiracy to defraud the United States, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official proceeding,
and conspiracy against rights.
Trump traveled from his resort in Bedminster,
N.J., Thursday to Washington D.C. His first court appearance took place at the
U.S. District Court for the District of Columbia.
U.S. District Judge Tanya
Chutkan presided over the proceedings. Chutkan, a former assistant public
defender before her appointment to the bench by President Barack Obama, has
handled several cases involving individuals who entered the Capitol on January
6.
Fox: Posted by Brandon Gillespie Fox
1 hour(s) ago
1600
Trump’s
lawyer slams 2020 indictment as ‘election interference’
A lawyer for former President Donald Trump claimed that the three indictments
against him amount to “election interference.”
Speaking to reporters outside of the
Washington, DC courthouse on Thursday afternoon, Alina Habba repeated
suggestions by several Trump allies that the timing of his indictments were
made to distract from negative media attention on the Biden family.
“This is not a coincidence. This is election
interference at its finest against the leading candidate right now for
president for either party,” Habba said. “President Trump is under siege in a
way that we have never seen before. President Trump and his legal team and
everyone on his team will continue to fight. Not for him, but for the American
people.”
She would not say directly whether she thought
the case should move forward before or after the next presidential election,
but said, “I think that every court needs to look at this as a whole.”
“It's not about the Jan. 6 case. It's about the
fact that in the matter of a couple of months, we have seen them try and tie up
– and me as an attorney, I've never seen this – tie up one individual… who's
running a campaign, in a campaign, running for office for president, so that he
is in court in depositions and distract him so that he won't properly run for
2024. And frankly, it's not going to work,” Habba said.
1 hour(s) ago
1600
Trump
to plead 'not guilty' to charges stemming from special counsel's Jan. 6 probe
Former President Donald
Trump will plead "not guilty" on Thursday to four
federal charges stemming from Special Counsel Jack Smith's investigation into
2020 election interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP front-runner, is charged
with conspiracy to defraud the United States, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official
proceeding, and conspiracy against rights.
Trump traveled from his resort in Bedminster,
N.J., Thursday to Washington D.C. His first court appearance took place at the
U.S. District Court for the District of Columbia.
U.S. District Judge Tanya
Chutkan presided over the proceedings. Chutkan, a former assistant public
defender before her appointment to the bench by President Barack Obama, has
handled several cases involving individuals who entered the Capitol on January
6.
Fox:
Posted by Brandon Gillespie
Rep. Ro Khanna, D-Calif., praised “the rule of law” on
Thursday just before former President Donald Trump arrived at a Washington, DC
courthouse for his arraignment on charges related to the 2020 election.
“The reality is that there was an elaborate
plot that the Trump administration had to try to overturn a legitimate
election, and we in this country need to hold election sacred,” Khanna said in
a video for The Hill.
“We can’t have politicians, after the fact,
trying to nullify what the voters say. And so I’m glad that the rule of law
will be upheld.”
The top two Congressional Democrats previous
said that Tuesday’s charges were the gravest brought against Trump so far.
“The third indictment of Mr. Trump illustrates
in shocking detail that the violence of that day was the culmination of a
months-long criminal plot led by the former president to defy democracy and
overturn the will of the American people,” Senate Majority Leader Chuck Schumer
and House Minority Leader Hakeem Jeffries said. “This indictment is the most
serious and most consequential thus far and will stand as a stark reminder to
generations of Americans that no one, including a president of the United
States, is above the law.
1 hour(s) ago
1600
Protesters
gather outside DC courthouse as Trump faces federal charges related to January
6
Protesters gathered outside the
Washington, D.C. federal courthouse as former President Donald
Trump was scheduled to be arraigned Thursday afternoon.
Trump is facing charges of conspiracy to
defraud the United States, conspiracy to obstruct an official proceeding,
obstruction of and attempt to obstruct an official proceeding, and conspiracy
against rights.
He was already charged in a previous federal
indictment stemming from Smith's investigation, and has pleaded not guilty to
37 counts relating to his alleged improper retention of classified records.
Eric Lamar, who was outside the courthouse
protesting Trump, told Fox News Digital that the former president "for the
first time he will be held accountable for his criminal acts before and during
January 6."
Another person told Fox News Digital that he
has been to every arraignment for the former president and predicts
that his support will only increase.
Fox: Posted by Brandon Gillespie Fox
BREAKING NEWS1 hour(s) ago
1600
Trump
arrives at DC courthouse for hearing on federal charges
Former
President Donald Trump has arrived at the federal courthouse in
Washington, D.C. to face federal charges stemming from the DOJ investigation
into the Jan. 6, 2021 Capitol riot and efforts to overturn the 2020
presidential election.
Trump arrived by motorcade from Ronald Reagan
Washington International Airport after flying from New Jersey earlier in the
afternoon.
Trump's hearing is scheduled for 4:00 p.m. ET.
He faces four federal charges, including conspiracy to defraud the United
States, conspiracy to obstruct an official proceeding, obstruction of and
attempt to obstruct an official proceeding, and conspiracy against rights.
Fox: Posted by Brandon Gillespie
BREAKING NEWS2 hour(s) ago 1500
Trump
Force One arrives at DC airport ahead of federal court hearing
Former President Donald Trump's plane has
arrived at Ronald Reagan Washington National Airport in Arlington, Virginia.
He will travel into Washington, D.C., where he
will appear in federal court for a 4 p.m. ET hearing.
He was indicted Wednesday on charges that stem
from Special Counsel Jack Smith’s investigation into 2020 election interference
and the Capitol riot on Jan. 6, 2021.
He faces
four federal charges ,
including conspiracy to defraud the United States, conspiracy to obstruct an
official proceeding, obstruction of and attempt to obstruct an official
proceeding, and conspiracy against rights.
This is the second federal
indictment the former president faces out of Smith’s investigation. Trump,
who leads the 2024 GOP presidential primary field, has already pleaded not
guilty to 37 counts related to his alleged improper retention of classified
records from his presidency.
Fox: Posted by Brandon Gillespie
2 hour(s) ago 1500
Pence
starts fundraising off Trump indictment fallout: 'Too honest'
Former Vice
President Mike Pence has
started fundraising off of his former running mate’s latest indictment.
The top of Pence’s 2024 campaign online store
advertises hats and shirts with the words “Too Honest” across the front, a
reference to revelations in the 45-page indictment that alleges former
President Trump tried to overturn his 2020 loss. Both the baseball cap and
t-shirt are selling for $30 each, according to the site.
A section of that indictment describes a call
between Trump and Pence on New Year’s Day in 2021, when Pence rejected the
legal theory that he as vice president had the authority to reject or return
certain states’ electoral college ballots.
“You’re too honest,” Trump told Pence
according to the indictment. Pence also recalled the exchange in his memoir,
“So Help Me God,” released last November.
Pence sharply criticized Trump after the
indictment came down on Tuesday. “Today's indictment serves as an important
reminder: Anyone who puts himself over the Constitution should never be
president of the United States,” he said in a statement posted online.
3 hour(s) ago 1400
Trump
lashes out en route to D.C., says trial and judge will be 'UNFAIR'
Former President Donald Trump lashed out
against his arrest Thursday as he traveled to Washington, D.C., to appear in
federal court.
Trump, who faces a federal grand jury
indictment for allegedly attempting to overturn the 2020 presidential election,
took to Truth Social to call both the venue and the judge overseeing his case
"UNFAIR."
"Biden and his family steal Millions and
Millions of Dollars, including BRIBES from foreign countries, and I’m headed to
D.C. to be ARRESTED for protesting a CROOKED ELECTION," Trump wrote.
"UNFAIR VENUE, UNFAIR JUDGE. We are a Nation in Decline. MAGA!!!"
The judge
assigned to Trump's case, U.S. District Judge Tanya Chutkan, has a
reputation for being tough on Jan. 6 riot defendants.
The Associated Press called her the "toughest
punisher" and reported that she has "consistently taken the hardest
line against Jan. 6 defendants of any judge serving on Washington’s federal
trial court." The Justice Department has brought more than 800 cases so
far, marking the largest prosecution in the department's history.
In seven cases, Chutkan even handed out
tougher sentences than what DOJ was seeking. She matched the prosecution's
requests in four others and sent all 11 riot defendants who have come before
her behind bars, the outlet notes.
In four cases in which DOJ did not seek jail
time, Chutkan gave prison sentences ranging from 14 days to 45 days.
Fox News' Brianna Herlihy contributed to this
report.
BREAKING NEWS3 hour(s) ago
1400
Trump
Force One departs New Jersey en route to DC
Former President Donald Trump's plane has
departed New Jersey en route to Ronald Reagan Washington National Airport in
Arlington, Va.
Trump will then travel into Washington, D.C.,
where he will appear in federal court for a 4 p.m. ET hearing.
He
was indicted Wednesday on
charges that stem from Special Counsel Jack Smith’s investigation into 2020
election interference and the Capitol riot on Jan. 6, 2021.
He faces four federal charges, including
conspiracy to defraud the United States, conspiracy to obstruct an official
proceeding, obstruction of and attempt to obstruct an official proceeding, and
conspiracy against rights.
This is the second federal
indictment the former president faces out of Smith’s investigation. Trump,
who leads the 2024 GOP presidential primary field, has already pleaded not
guilty to 37 counts related to his alleged improper retention of classified
records from his presidency.
Fox: Posted by Brandon Gillespie
3 hour(s) ago
1400
Lindsey
Graham goes off on 'night and day' difference between Trump, Hunter Biden cases
Sen. Lindsey Graham, R-S.C., described the
"night and day" difference in how the Justice Department and FBI have
handled former President Trump's legal cases versus Hunter Biden's.
He told Sean Hannity that Americans have a "right to be
mad" about the double standard, adding "there are no rules" when
it comes to going after Trump.
"It's night and day. So Hunter Biden gets
a plea deal that nobody in your audience would get. Millions of dollars of
unpaid taxes, he's not going to jail, illegal possession of a gun, he gets a
diversion opportunity never to go to jail. Hidden in the plea deal is a promise
never to prosecute based on all the financial dealings you've been talking
about," Graham said.
"When it comes to Donald Trump, they make
up lies. They push to a court, a dossier that's absolutely Russian
disinformation. They manipulate the stream of evidence, and nothing happens. So
if you're sitting at home and you're mad, you have a right to be mad. When it
comes to Donald Trump, there are no rules. Destroy him, destroy his family.
When it comes to Hunter Biden and Joe Biden, they get away with almost
everything. If you want to change that, we better win in 2024."
BREAKING NEWS4 hour(s) ago 1300
Former
President Trump departs Bedminster to travel to Washington, D.C. for hearing
Former President Donald Trump has left his residence in Bedminster,
New Jersey, to appear in court in Washington, D.C., Thursday afternoon.
Trump announced his departure on Truth Social
shortly before he left.
"I AM NOW GOING TO WASHINGTON, D.C., TO
BE ARRESTED FOR HAVING CHALLENGED A CORRUPT, RIGGED, & STOLEN ELECTION. IT
IS A GREAT HONOR, BECAUSE I AM BEING ARRESTED FOR YOU. MAKE AMERICA GREAT
AGAIN!!!," Trump wrote.
The former president faces four felony charges
related to his alleged efforts to overturn the 2020 election in the days
leading up to the Capitol riot on Jan. 6, 2021.
The charges are conspiracy to defraud the
United States; conspiracy to obstruct an official proceeding; obstruction of
and attempt to obstruct an official proceeding; and conspiracy against
rights.
U.S.
District Judge Tanya Chutkan was
assigned to oversee the case. Chutkan is notorious for issuing tougher
sentences to other Jan. 6 defendants than what the Justice Department
requested, and put every one of them behind bars.
Trump is expected to plead not guilty.
Fox News' Brianna Herlihy contributed to this
report.
4 hour(s) ago 1300
Christie
says GOP rivals are 'unwilling' to attack Trump, 'auditioning' for his next
administration
President Donald Trump will deliver the
keynote address at tomorrow evening's "Patriot Gala" dinner. (Photo
by Drew Angerer/Getty Images)
Republican
presidential hopeful Chris Christie accused
some of his 2024 competitors of being "unwilling" to attack former
President Donald Trump, the front-runner in the race.
Christie suggested on a podcast released
Thursday that his opponents were not running for the White House but were
instead "auditioning" for a role in the next Trump administration.
“In the end, I think that some of them are
unwilling to do it because they don’t think it’s politically smart, some of
them are auditioning for a potential Trump administration, and I think some of
them just aren’t able to do it,” Christie told host Kara Swisher. “They
just physically aren’t equipped to be able to be in that combat.”
Christie said Trump is "morally
responsible" for the Jan. 6 Capitol riot but hesitated to say whether
Trump was criminally liable. The podcast was recorded before special counsel
Jack Smith unveiled a federal grand jury indictment against Trump on Tuesday.
Other Trump rivals have stood by the former
president and accused the Biden administration of weaponizing the Department of
Justice against a potential 2024 opponent.
Vivek Ramaswamy went
to the courthouse where Trump will attend a hearing on Thursday and demanded
that the government "tell us the truth about what's really driving this
flurry of prosecutions, with trial dates set during the height of the upcoming
election."
"That’s why I sued the DOJ this week to
tell us exactly what Biden told Garland & what Garland told Jack Smith
about the Trump indictments. That’s why I was in Nashville yesterday to demand
the release of the transgender school shooter’s manifesto. That’s why I’ve
pledged to release the state action files about what the government tells tech
companies to suppress. We *can* handle the TRUTH," Ramaswamy said.
Fox: Posted by Chris Pandolfo 1300
5 hour(s) ago
1200
Republican
voter tells 'Fox & Friends' that Trump is being 'victimized'
A diverse panel of voters weighed in on the
latest indictment against former President Donald Trump on "Fox &
Friends" Thursday morning.
"It just seems like an ex-boyfriend
seeking revenge in court and just slamming their spouse," said Republican
voter Lydia Dominguez, an Air Force veteran and former Democrat from Las Vegas.
"All these different charges, it's just overwhelming. I'm over it. They
just need to move on."
Republican voter Moses Sanchez of Arizona said
he thinks "most people aren't paying attention to the specifics" of
the charges against Trump.
"I think the average American couldn't
tell you the difference between the third indictment, the second indictment —
which indictment is this? I think a lot of people are just checked out,"
Sanchez said. "Clearly [Trump] has calcified his support during this time
and during this indictment and a lot of voters feel like he is being attacked
by the mainstream media and he's being victimized."
Bernadette Wright, an independent from
Georgia, agreed with the others that the timing of the indictment is
"strange."
"It's taking over all of the election
news," said Wright. "He has gotten so big that it's gotten out of
control."
5 hour(s) ago
1200
Levin
warns Trump indictment is part of 'passive revolution' by Democrats
Former Reagan Justice Department chief of
staff Mark Levin warned the current DOJ's legal
pursuit and indictment of former President Donald Trump is another step in the
"unraveling" of America at the hands of Democrats.
Levin, host of "Life, Liberty &
Levin" on Fox News, said Wednesday he is praying that his premonitions are
wrong, but asserted the Democratic Party is intentionally creating a
"combustible situation" among the populace, even beyond its
indictment of a former president on charges that could land Trump in
prison for hundreds of years.
"You see what's going on. You see we're
unraveling… The Democrat Party is destroying our schools, it's destroying
parental rights, it's destroying the nuclear family, it's destroying people of
faith. It's gone after the Catholic Church. The Democrat Party is promoting
censorship in all of its departments and agencies. It's destroying our
traditions," Levin said.
Levin said President Biden's claim his
administration is building a "bottom up; middle out" society is
anything but true, instead contending the behavior of the president and
Democratic Party is that of a "passive revolution" that is nonviolent
but radically transforms longstanding institutions to control all aspects of
life and repress political opposition.
"It's the kind of revolution that Antonio
Gramsci, an Italian Communist, and even [Soviet leader Vladimir] Lenin talked
about, where they take over the institutions of government, they take over the
institutions of the culture and they impose their will."
"We now have a government that's banning
household products from light bulbs to automobiles in order to control your
life. We have a government that is destroying your lifestyle; driving up the
cost of energy. It's going to get worse before it gets better."
He said of Trump's latest indictment that
nothing like this has happened since 1776, and said all of the prosecutors
charging or potentially preparing to charge Trump are politically opposed to
him.
"They will use any tool they can. They
don't care about free speech. They don't care about the Bill of Rights. They
don't care about attorney-client privilege… This is a Democrat Party that is
power-hungry, and they see an opportunity right now to monopolize the
government and politics forevermore."
Fox News' Charles Creitz contributed to this
report.
6 hour(s) ago
1100
New
Trump charges hammered by former FBI official: 'Thought I was reading a NY
Times op-ed'
On "Fox & Friends
First" on Wednesday, former Assistant FBI Director Chris Swecker
sounded off on the "extraordinary" indictment against Trump, arguing
it read more like an "op-ed or political manifesto."
"This is an extraordinary indictment.
When I read it, I thought I was reading a New York Times op-ed or a political
manifesto. Where's the beef? There is nothing in there that goes beyond
opinion, talking, expressing things," Swecker said.
"And I'm not defending President Trump
because I think he did a lot of things that were ill-advised and unwise,
probably against his lawyers' advice," he continued. "But these
charges are conspiracy charges. That means there are other people involved. And
I think there are six or seven lawyers that are... unnamed or not named, but they
are unnamed co-conspirators. And it is alleging basically that Trump provided
some sort of disinformation campaign, that he knew that the election was not
stolen, that there was not enough fraud to have stolen the election. And yet he
went forward with all of these actions and tried to get the election overturned
in a lot of different ways. But those charges are extraordinary.
"I don't think I've ever seen an
indictment like this in my 40-plus years in this business. So, it'll be
interesting to see. I know he does not have a favorable judge. He has an
unfavorable judge. We'll see. I think this case could get thrown out if it
really were an objective Constitution-adhering judge, you would see this case
thrown out very early in the process."
Fox News' Madeline Coggins contributed to this
report.
6 hour(s) ago
1100
GOP
presidential candidate Nikki Haley breaks silence on Trump indictment
Ambassador
Nikki Haley speaks to guests during a campaign stop at Wildwood Smokehouse on
July 29, 2023 in Iowa City, Iowa. Yesterday Haley joined 12 other GOP
presidential contenders at the Republican Party of Iowa 2023 Lincoln Dinner.
(Photo by Scott Olson/Getty Images)
Republican presidential candidate Nikki Haley explained Thursday why she did not
release a statement after her 2024 rival Donald Trump was indicted by a federal
grand jury.
Speaking on a New Hampshire talk radio
station, Haley reportedly said she kept silent "because like most
Americans, I'm tired of talking about it. We should be talking about the
security threat posed by China." Haley's comments were reported by NH
Journal.
Several other GOP hopefuls weighed in this
week on the blockbuster announcement that former President Trump had been
indicted in the probe into the Jan. 6, 2021, storming of the U.S. Capitol and
efforts to overturn the 2020 election.
One of the first to release a statement was
former CIA spy and former Rep. Will Hurd of Texas, a long-shot for the
nomination and a very vocal GOP Trump critic.
"Let me be crystal clear: Trump's
presidential bid is driven by an attempt to stay out of prison and scam his
supporters into footing his legal bills. Furthermore, his denial of the 2020
election results and actions on Jan. 6 show he's unfit for office," Hurd
wrote.
Former Vice President Mike Pence also issued a
statement highly critical of Trump, writing that "today's indictment
serves as an important reminder: anyone who puts himself over the Constitution
should never be President of the United States."
Florida Gov. Ron DeSantis, on the
other hand, pledged to "end the weaponization of government, replace the
FBI Director, and ensure a single standard of justice for all Americans,"
without mentioning Trump by name.
Sen. Tim Scott, R-S.C., said he also was
concerned about the "weaponization" of the Justice Department. Vivek
Ramaswamy went further by committing to pardon Trump.
Fox News' Andrew Murray and Paul Steinhauser
contributed to this report.
7 hour(s) ago
1000
Trump
accuses Biden DOJ of strategy to drain campaign funds for legal defense before
election
Donald Trump on Thursday accused the Biden administration of bringing up criminal charges against
him to drain funds from his 2024 presidential campaign.
In a post on Truth Social, Trump said the
Department of Justice has forced him "to spend large amounts of time &
money" on his legal defense instead of his campaign.
"Look, it’s not my fault that my
political opponent in the Democrat Party, Crooked Joe Biden, has told his
Attorney General to charge the leading (by far!) Republican Nominee &
former President of the United States, me, with as many crimes as can be
concocted so that he is forced to spend large amounts of time & money to
defend himself," Trump said. "The Dems don’t want to run against me
or they would not be doing this unprecedented weaponization of “Justice.” BUT
SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"
Campaign finance documents show Trump, the
Republican presidential front-runner, burned through at least $42.8 million
this year, much of it used to cover costs related to his mounting legal
peril. The former president has $31.8 million cash on hand.
Fox News' Danielle Wallace contributed to this
report.
7 hour(s) ago
1000
Trump
says he's 'never had so much support' as critics rip latest indictment
Former President Donald Trump boasted that he’s "never had so
much support" the morning after he was indicted by a grand jury
on federal charges related to his alleged efforts to overturn his loss in the
2020 election.
It’s the second federal indictment brought
against Trump in investigations led by Special Counsel Jack Smith, who also
probed the former president’s removal and possession of classified documents
from the White House.
"Thank you to everyone!!! I have never
had so much support on anything before," Trump wrote in an all-caps
message on his Truth Social app.
"This unprecedented indictment of a
former (highly successful!) president, & the leading candidate, by far, in
both the Republican Party and the 2024 general election, has awoken the world
to the corruption, scandal, & failure that has taken place in the United
States for the past three years," the former president said.
"America is a nation in decline, but we
will make it great again, greater than ever before. I love you all!!!"
Fox News' Elizabeth Elkind contributed to this
report.
8 hour(s) ago
0900
Pence
comes out swinging at Trump following Jan 6 indictment: 'Should never be
president'
Former Vice President Mike Pence did not parse words when reacting to
former President Trump's indictment by Special Counsel Jack Smith on Tuesday.
In a statement released following Trump's indictment on charges related to the Jan. 6, 2021
riot at the U.S. Capitol and efforts to overturn the 2020 presidential
election, Pence accused Trump of putting himself over the Constitution, and
said a Trump candidacy would serve as a distraction from President Biden's
"disastrous" record.
"Today's indictment serves as an
important reminder: anyone who puts himself over the Constitution should never
be President of the United States," Pence said. "I will have more to
say about the government’s case after reviewing the indictment."
"The former president is entitled to the
presumption of innocence but with this indictment, his candidacy means more
talk about January 6th and more distractions. As Americans, his candidacy means
less attention paid to Joe Biden's disastrous economic policies afflicting
millions across the United States and to the pattern of corruption with
Hunter," he said.
Pence declared the country was "more
important than one man," and that the Constitution was
"more important than any one man’s career."
"On January 6th, former President Trump
demanded that I choose between him and the Constitution. I chose the
Constitution and I always will," he said.
"As your president, I will not yield an
inch in defending America, our people, or our values, and I promise you: I will
do so in a way consistent with my oath to the Constitution and the character
and decency of the American people. We will restore a threshold of integrity
and civility in public life so we can bring real solutions to the challenges
plaguing our nation," he added.
Fox News' Brandon Gillespie and Andrew Murray
contributed to this report.
8 hour(s) ago
0900
Jack
Smith 'should be indicted for stupidity' after latest Trump charges: legal
analyst
Special Counsel Jack Smith, who brought four new
2020-election-related charges against former President Donald Trump earlier
Tuesday, should be "indicted for stupidity" according
to one legal analyst.
Gregg Jarrett told Fox News that the 45-page
indictment of Trump, in which Smith lays out charges including one count better
known for being used against the Ku Klux Klan in the 1870s, is an
"amateurish joke."
Trump was charged with conspiracy
to defraud the United States, attempt to obstruct an official proceeding,
conspiracy to obstruct an official proceeding and conspiracy against rights –
the latter of which was drafted to counteract intimidation of recently freed
slaves newly protected by the 14th and 15th Amendments.
"This indictment strikes me as an
amateurish joke, frankly," Jarrett said. "Jack Smith as special
counsel should be indicted for stupidity – It's that bad."
Jarrett told "Hannity" that Smith
has a "disreputable habit" of charging "politically driven
prosecutions."
Fox News' Charles Creitz contributed to this
report.
9 hour(s) ago
0800
Latest
Trump indictment draws cheers from leftists on social media: 'Popping the
champagne'
Special Counsel Jack Smith’s latest
indictment against former President Donald Trump was a cause for celebration
for many left-wing Twitter users on Tuesday.
"Happy #TrumpIndictment Day! Waiting for
Jack Smith to drop in for victory drinks. I’ve already started popping the
champagne," former MSNBC analyst Malcolm Nance cheered with a photo of
himself celebrating with a drink in a restaurant.
"Happy 3rd Indictment Day to all who
celebrate! #TrumpIndictment," YouTuber Sarah O’Connell tweeted.
Blue Amp Strategies CEO Cliff Schecter wrote,
"Ok said this was the one thing that would get me to break
my Tweetless Tuesday. Happy pending indictment 112th Trump
indictment everyone!"
Journalist Sophia A. Nelson said, "This
is a good day for the Republic, it shows the checks and balances work. We will
be okay as long as the institutions hold."
"RT if you agree that Jack Smith is an
American hero," political strategist Rachel Bitecofer commented.
Celebrity hair stylist Elgin Charles agreed,
"Jack Smith is a true American hero."
Fox News' Lindsay Kornick contributed to this
report.
9 hour(s) ago
0800
Eric
Trump says father will 'fight like hell' against special counsel's indictment
Trump Organization vice president Eric Trump pledged his father Donald
will "fight like hell" against Special Counsel Jack Smith's latest
indictment.
Smith indicted former President
Trump Tuesday on four charges – conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstructing an official
proceeding, as well as a post-Civil War law intended to blunt Ku Klux Klan
intimidation of newly-freed slaves; conspiracy against rights.
"We've dealt with this nonsense from the
very beginning. We dealt with it with all the impeachments," Eric Trump,
who also serves as president of Trump Winery in Virginia, told Fox News on
Wednesday.
"We dealt with the slanderous Russia lies
the [allegations] that we were colluding with the Kremlin [and] that we had
secret servers in the basement of Trump Tower."
The younger
Trump told "Jesse Watters Primetime" that
allegations from the Washington, D.C. establishment have been "lie after
lie" intended to weaken him and his populist movement.
"They've slandered him from
day-one," he said, collectively calling Smith and other detractors
"desperate."
Fox News' Charles Creitz contributed to this
report.
9 hour(s) ago
0800
'View'
co-host bets audience member that Trump 'will go to jail'
"The View" co-host Sunny Hostin bet an audience member, CNN's Elie
Honig, on Wednesday that Donald Trump would go to jail following his latest
indictment related to Jan. 6.
At the end of "The View" on
Wednesday, co-host Alyssa Farah Griffin was recommending some books and
included one of Honig's books, "Untouchable: How Powerful People Get Away
with It," and pointed to the CNN legal analyst in the audience.
"I picked this book, it came out in
January 2023 but one of the most common questions I get, we talk about a lot on
this show, how do people like Trump or how do the rich and powerful seem to get
away with it? There doesn’t seem to be the same accountability that the average
Joe has, and this book explains the methodology of why it’s tough to nail these
people down. And he profiles, I mean he predicts a lot of what we’re seeing
with Donald Trump but Harry Weinstein, Jeffrey Epstein and Donald Trump. It’s a
must read when you try to figure out how people weaponize the legal system to
help them," Griffin said.
Co-host Joy Behar turned
to Honig and asked him if he thinks Trump would go to jail.
"No," he said. "Sorry, but no.
Doesn't mean he won't be convicted, but I don't believe he'll go to jail,
certainly not before the election, if you're counting on that."
Hostin chimed in and said, "I'll take
that bet, Elie."
"Ok, I know you have one with Alyssa,
I'll double on it," he responded.
Fox News' Hanna Panreck contributed to this
report.
9 hour(s) ago 0800
CNN
analyst's comparison of Trump indictment to killing bin Laden leaves anchor
taken aback
Former D.C. Metropolitan police officer
and CNN analyst Michael Fanone claimed Tuesday’s federal
indictment of former President Donald Trump in relation to the Jan. 6, 2021,
Capitol riot made him feel the exact same way he felt when the U.S. military
"killed Osama bin Laden."
Fanone, who was present at the U.S. Capitol on
Jan. 6 and who has testified before the U.S. House select committee
investigating the riot that day, told CNN host Laura Coates on Tuesday he believed that Trump’s
actions surrounding the event were "absolutely" comparable to bin
Laden’s terror attack against the U.S. on 9/11.
"When I first learned about the
indictment, I had a long conversation with a friend of mine, Ryan Reilly, and I
told him how proud I felt to be an American at that moment. Much in the way
that I did when I learned that our military had killed Osama bin Laden. I just
felt incredibly proud," Fanone said.
HIs words seemed to perturb Coates, who paused
and admitted to the former law enforcement officer that his statement was an
"eyebrow-raising" one.
Fox News' Gabriel Hays contributed to this
report.
9 hour(s) ago
0800
DeSantis
blasted by critics, Trump world over indictment response: 'Not a wartime
conservative'
Supporters of former President Donald Trump and other conservatives lashed out at
Florida Gov. Ron DeSantis for what they said was an underwhelming response to
news of the latest indictment against Trump and said it shows he's the wrong
pick for 2024.
"As President, I will end the
weaponization of government, replace the FBI Director, and ensure a single
standard of justice for all Americans," DeSantis tweeted shortly after
news broke Tuesday that Trump had been indicted
on charges stemming from Special Counsel Jack Smith's investigation
into the Capitol riot on Jan. 6, 2021.
"While I’ve seen reports, I have not read
the indictment. I do, though, believe we need to enact reforms so that
Americans have the right to remove cases from Washington, DC to their home
districts. Washington, DC is a ‘swamp’ and it is unfair to have to stand trial
before a jury that is reflective of the swamp mentality. One of the reasons our
country is in decline is the politicization of the rule of law. No more excuses
— I will end the weaponization of the federal government."
The DeSantis tweet calling
for an end to the weaponization of government was seen over 4 million times and
"ratioed" mostly by Trump supporters and surrogates. They accused the
Florida Republican of not speaking out forcefully enough against the specific
targeting of Trump, not mentioning him by name and not promising a pardon.
"It makes me really sad that the best,
most based governor in America decided to base his entire presidential campaign
on not knowing what time it is," Federalist CEO Sean Davis tweeted.
"Robotically reciting ‘I will enact reforms’ is not how you respond when a
corrupt government announces that it plans to throw its opposition in prison
for the crime of opposition."
"Not a wartime conservative,"
political commentator Jack Posobiec tweeted.
"YOUR TOP POLITICAL OPPONENT IS BEING
UNJUSTLY PERSECUTED," Fox News contributor Caitlyn
Jenner tweeted. "Agree to pardon him! This is a sham and you know it.
But you hope you benefit from it. SHAME ON TEAM DESANTIS!"
Fox News' Andrew Mark Miller contributed to
this report.
9 hour(s) ago
0800
Jonathan
Turley concerned about 'chilling' new Trump charges: 'When is the price too
high?'
Constitutional law professor Jonathan Turley
warned the latest indictment of former President Donald Trump has
"chilling" implications for free speech in America. On "The Brian Kilmeade Show" on Wednesday, Turley explained that the
Constitution protects Trump's ability to claim the 2020 election was stolen,
even if he knew his claim was false.
"The burden is on the prosecution. And
the question is, how do you actually prove this? What the indictment says is
lots of people told Trump that the election wasn't stolen and that the
challenge, the certification was invalid. Well, fine. I was one of those people
saying that. But he had other people saying the opposite. He had attorneys, not
a small number saying, ‘No, you can make these challenges. So the election was
stolen. There is this evidence.’ Millions of Americans believe that. And so
it's a weird indictment," Turley said.
"What concerns me here is that the
implications of this filing for free speech are quite chilling. And those
people celebrating this indictment are dismissing that, and they shouldn't. ...
When is the price too high?"
10 hour(s) ago
0700
Trump's
court appearance will be 'short' and 'choreographed': Andy McCarthy
Fox News contributor Andy McCarthy said
Wednesday that Donald Trump's appearance in federal court in Washington, D.C.,
at 4 p.m. ET will be short and appear "choreographed."
"Because there's been an indictment, this
will be an arraignment, which means it's a proceeding before the court in which
the former president will be asked to enter a plea to the indictment that was
just filed yesterday," McCarthy said.
"He'll obviously enter a plea of not
guilty. It'll be choreographed in the sense that because of the security
concerns, the Secret Service will have collaborated with the court personnel
and the other agencies involved in the case to make sure that the former
president is ushered into the court," he added.
"It'll be short. He'll enter a plea. Bail
will not be an issue in this case."
McCarthy discussed Trump's court appearance
with former FBI special agent Nicole Parker and former DOJ official Tom Dupree
on "Your World" with Neil Cavuto.
10 hour(s) ago
0700
Legal
experts slam Jack Smith for bringing 'lousy' case against Trump:
'Disinformation indictment'
Legal experts
are criticizing special counsel Jack Smith for
his latest indictment against Donald Trump for accusing the
former president of spreading disinformation and other activities protected by
the First Amendment.
Trump was indicted out of Special
Counsel Jack Smith’s investigation related to 2020 election
interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as
conspiracy to obstruct an official proceeding.
"The most jarring thing about this
indictment is it basically just accuses him of disinformation — this is a
disinformation indictment," said legal scholar Jonathan Turley, a
professor of public interest law at George Washington University and a Fox News
contributor.
"It said [Trump] was spreading
falsehoods, that [he] was undermining integrity of the election — that is all
part of the First Amendment," Turley said. "And I think that courts
will look skeptically."
Andy McCarthy, a former federal prosecutor and
assistant U.S. attorney for the Southern District of New York and a Fox News
contributor, told Fox News Digital that Smith brought "a lousy case."
"I think all the counts have significant
legal problems, and that’s even before you get to the complex problems of
trying to prove Trump’s intent," McCarthy said.
But not every legal expert says Smith's case
is weak. Laurence Tribe, professor of constitutional law emeritus at Harvard
University, told Fox News Digital that Smith has brought an
"airtight" indictment against the former president.
"The factual details, if true as claimed,
leave Trump with no legitimate legal defenses," Tribe said. "And the
sources for all the damning direct quotations, including those by Mr. Trump
himself, are all individuals he hand-picked for their loyalty to him — they
have no conceivable motive to lie. And there’s no chance they’re misremembering
anything so stark."
Tribe told Fox News Digital that Trump’s
"only hope to avoid conviction" on this latest set of charges is
"to get someone installed as president who would pardon him or get the
Justice Department to drop the case."
Fox news' Brooke Singman contributed to this
report.
10 hour(s) ago
0700
Pence
rejects Trump lawyer's suggestion he could have 'paused' 2020 electoral vote
certification
Former Vice President Mike Pence on
Wednesday rejected the notion by former President Donald Trump's then-attorney
John Eastman that he could have "paused" the certification of the
Electoral College vote on January 6, 2021, referring to him as a
"crackpot" lawyer.
Pence made the comments during an appearance
on Fox News' "The Story," telling host Martha MacCallum that he
did his duty as vice president according to the Constitution by not bowing to
calls for him to stop the certification of the 2020 presidential election
results.
"I was confident as a student of American
history that those founders would have never vested the vice president or
anyone else with unilateral authority to decide what Electoral College votes to
count and which not to count. I was clear on that throughout. I was clear with
President Trump throughout all the way up to the morning of January
6th," Pence said.
"But let's let's be clear on this point.
It wasn't just that he asked for a pause. The president specifically asked me —
and his gaggle of crackpot lawyers asked me — to literally reject votes, which
would have resulted in the issue being turned over to the House of
Representatives. And literally chaos would have ensued," he added.
Fox News' Brandon Gillespie contributed to
this report.
10 hour(s) ago
0700
Mike
Pence's secret notes revealed in Jack Smith's Trump indictment
Then-Vice President Mike Pence took "contemporaneous notes"
of his conversations with Donald Trump in the days before the Capitol riot on
Jan. 6, 2021, Special Counsel Jack Smith's indictment of the former president
revealed Tuesday.
Pence's previously unreported notes are presented
as evidence against Trump, who faces four federal charges related to his
actions after the 2020 presidential election and unproven claims the election
was stolen. Trump is charged with conspiracy to defraud the United States;
conspiracy to obstruct an official proceeding; obstruction of and attempt to
obstruct an official proceeding; and conspiracy against rights.
The indictment cites several phone calls
between Trump and Pence in late December 2020 and early January 2021 in which
Trump allegedly made "knowingly false" claims about the election and
pressured his vice president to stop Congress from certifying Joe Biden's
victory. Pence recounted some of these conversations in his memoir, "So
Help Me God."
Pence's notes recount how Trump told him the
"Justice Department [was] finding major infractions" in the election,
a claim the special counsel calls false.
During a meeting on Jan. 3, 2021, Trump
allegedly said "Bottom line-won every state by 100,000s of votes" and
"We son every state." Citing Pence's notes, the indictment also
claims Trump asked, "What about 205,000 votes more in PA than
voters?" — a claim his senior Department of Justice officials had debunked
as early as the day before, the indictment alleges.
10 hour(s) ago
0700
Trump
to appear in federal court after being charged with crimes related to Jan 6
Former President Donald Trump is scheduled to appear in
federal court in Washington, D.C., Thursday afternoon after being indicted on
charges that stem from Special Counsel Jack Smith’s investigation into 2020
election interference and the Capitol riot on Jan. 6, 2021.
Trump, the 2024 GOP front-runner, faces four
federal charges, including conspiracy to defraud the United States, conspiracy
to obstruct an official proceeding, obstruction of and attempt to obstruct an
official proceeding, and conspiracy against rights.
The former president is expected to travel
from Bedminster, New Jersey, to Washington, D.C., on Thursday. He was ordered
to appear in federal court for a 4 p.m. arraignment.
This is
the second federal indictment the
former president faces out of Smith’s investigation. Trump, who leads the 2024
GOP presidential primary field, has already pleaded not guilty to 37 counts
related to his alleged improper retention of classified records from his
presidency.
Those charges include willful retention of
national defense information, conspiracy to obstruct justice, and false
statements. Trump was charged with an additional three counts as part of a
superseding indictment out of that probe last week.
Trump is the first former president in U.S.
history to face federal criminal charges.
Fox News' Brooke Singman contributed to this
report.
ATTACHMENT “E” – From x35
New York Post
Trump indictment live updates: Ex-prez rips Jan. 6
arraignment, calling it ‘persecution of a political opponent’
By New York Post
August
3, 2023 5:20pm Updated
Former
President Donald Trump is being arraigned today on four felony counts related to
the January 6th Capitol Riot over the outcome of the 2020 election. He will
appear in federal court on Thursday in Washington, DC. Follow the New York
Post’s live coverage for the latest updates, news and reaction.
1457
What do you think? Post a comment.
What
you need to know:
·
Ex-AG William Barr says Justice Department has ‘legitimate
case’ in latest Trump indictment
·
Every
Trump indictment brings us closer to the rematch America really doesn’t need
·
Possible
‘Co-Conspirator 6’ in Trump indictment trolls Twitter as mystery lingers on
a minute ago 1719
Trump
departs Reagan Airport
By Ryan King
Former
President Donald Trump departed Reagan National Airport en route back to his
Bedminster, New Jersey, golf club.
Trump's
Boeing 757 was spotted wheels up from the Arlington, Virginia, airfield that's
just outside of the nation's capital at around 5:30 p.m. Thursday.
The
so-called Trump Force One took not long after the 77-year-old pleaded not
guilty to the four-count indictment against him for his alleged efforts to
subvert the 2020 election.
His
next hearing in this case is slated for Aug. 28.
20 minutes ago 1700
Trump
blasts arraignment over Jan. 6 as 'persecution of a political opponent'
Former
President Donald Trump blasted the indictment against him as "persecution
of a political opponent" not long after pleading not guilty to charges he
tried to overturn the 2020 election.
"This
is a very sad day for America. And it was also very sad driving through
Washington, DC, and seeing the filth and the decay and all of the broken
buildings and walls of the graffiti. This is not the place that I left, it's a
very sad thing to see it," he told reporters before boarding his so-called
Trump Force One at Reagan National Airport.
"When
you look at what's happening, this is a persecution of a political opponent.
This was never supposed to happen in America. This is the persecution of the
person that's leading by very very substantial numbers in the Republican
primary and leading Biden by a lot," he continued.
"So,
you can't beat him you persecute him or you prosecute them. We can't let this
happen in America. Thank you very much."
Trump
77, pleaded not guilty to four counts: conspiracy to defraud the United States,
conspiracy to obstruct an official proceeding, obstruction of and attempt to
obstruct an official proceeding and conspiracy against rights.
38 minutes ago 1642
Trump
leaves DC federal courthouse after pleading not guilty to Jan. 6 charges
Former
President Donald Trump has left the federal courthouse in Washington, DC, after
he was arraigned on charges of conspiring to overturn the 2020 election.
The
45th president, 77, pleaded not guilty to the four counts during the hearing,
which lasted just 27 minutes, according
to CNN. The
next hearing has been scheduled for Aug. 28 at 10 a.m., although Trump may not
be required to appear in person.
“I
will also note, Mr. Trump, that to the extent you are not able to attend as a
result of your schedule, I have consulted with Judge Chutkan and she is willing
to waive your appearance,” Magistrate Judge Moxila Upadhyaya said.
an hour ago 1620
Trump's
release conditions revealed as next hearing date set —will come 5 days after
first GOP debate
By Ryan King
The
next hearing in the 2020 election case against former President Donald Trump is
set for Aug. 28.
A
trial date will be scheduled during that hearing, according to Magistrate Judge
Moxila A. Upadhyaya, who oversaw the arraignment Thursday.
That
hearing is just five days after the first GOP debate, which is slated for Aug.
23 in Milwaukee. Trump has dangled the prospect of skipping the crowded verbal
bout.
After
pleading not guilty, Trump is expected to be released on personal recognizance
or signature bond.
Conditions
for the 77-year-old's release include requirements that he can't communicate
with individuals known to be a witness in the case unless he goes through an
attorney.
He
must also not violate federal or state law, sign an appearance bond and appear
in court when told.
an hour ago 1620
Rep.
Elise Stefanik laments Trump arraignment as 'chilling chapter' for Biden's DOJ
By Ryan King
House
Republican Conference Chair Elise Stefanik (R-NY) decried former President
Donald Trump's latest indictment.
“The
unconstitutional and unprecedented arrest of President Donald J. Trump is truly
a chilling chapter in Joe Biden’s weaponization of the Department of Justice
against his leading political opponent who is beating Biden in many independent
polls," Stefanik said in a statement.
"President
Trump had every right under the First Amendment to correctly raise concerns
about election integrity in 2020,” she added, echoing criticisms from many
Trump supporters.
Notably,
Special Counsel Jack Smith sought to evade First Amendment concerns by harping
on alleged procedural efforts by Trump to subvert the 2020 election.
Trump
is charged with conspiracy to defraud the United States, conspiracy to obstruct
an official proceeding, obstruction of and attempt to obstruct an official
proceeding and conspiracy against rights.
Stefanik
endorsed Trump's 2024 reelection bid last November.
"President
Trump will defeat these charges in court, defeat Joe Biden at the ballot box on
November 5, 2024, will be sworn in as President of the United States of America
in January 2025 and we will Save America!” she added.
an hour ago 1620
Trump
sends fundraising email to supporters while in courthouse: 'My last email
before the arraignment'
Former
President Donald Trump sent a fundraising email to his supporters asking for
donations moments before he was arraigned in federal court in Washington, DC,
on charges related to his alleged efforts to overturn the 2020 election.
"It
sounds like a chapter you’d read out of an old history book on the Soviet Union
or Maoist China …But sadly, it’s taking place right here in America," the email
said about the latest federal indictment against him.
The
subject line read "My last email before the arraignment."
Trump,
the frontrunner in the GOP presidential race, said he is not losing any hope
"even as I now stare down a threat of 561 YEARS in prison as an innocent
man."
Trump's political action committee has
reportedly spent north of $40 million in
donations on the former president's legal fees in 2023 alone.
an hour ago 1620
Trump
pleads not guilty to federal Jan. 6 indictment
Former
President Donald Trump was arraigned in Washington, DC, federal court Thursday
for allegedly trying to overturn the results of the 2020 election.
Trump,
77, surrendered to law enforcement and pleaded not guilty to a four-count
indictment from the Justice Department for disrupting the peaceful transfer of
power with his “stolen” election claims that culminated in the storming of the
US Capitol building by hundreds of his supporters on Jan. 6, 2021.
Special
counsel Jack Smith charged the former president with conspiracy to defraud the
US government, conspiracy to obstruct an official proceeding, obstruction of
and attempt to obstruct an official proceeding and conspiracy against rights.
The
indictment states Trump made “knowingly false” claims about the 2020 election
and unlawfully pressured former Vice President Mike Pence and various state
officials to reject President Biden’s victory.
Trump
and Smith reportedly exchanged glances inside the courtroom on Thursday — and
the former president gazed backward a few times at the roughly 100 spectators
and reporters allotted seats for the hearing.
an hour ago 1620
Here
are the notable Trump allies tagging along for his court date
By Ryan King
Former
President Donald Trump was flanked by an entourage of his closest confidants
ahead of his expected arraignment Thursday.
While
departing the so-called Trump Force One at Reagan National Airport, his
personal valet Walt Nauta and attorney Todd Blanche were seen exiting the
Boeing 757.
Nauta
notably pleaded not guilty to six federal counts levied against him by Special
Counsel Jack Smith for the Mar-a-Lago document case back in June. Blanche, who helped Trump navigate the
document case, was widely expected to attend the court hearing along with
fellow attorney John Lauro.
Other
advisers spotted include senior strategists Susie Wiles, Boris Epshteyn and
Chris LaCivita.
Trump's
former senior advisor Boris Epshteyn, left, and senior strategist Chris
LaCivita.
Longtime
adviser Jason Miller, who appears to have been referenced in the four-count
indictment against Trump, 77, was also seen near Reagan National Airport, where
the former commander in chief's plane touched down.
an hour ago 1620
Most
Americans say Biden White House ethics ‘not good’ or ‘poor,’ poll shows
It’s
not just Hunter.
Most
Americans believe the Biden administration’s ethical standards are “not good”
or “poor,” according to a new national poll released Thursday.
A
majority of US adults (55%) surveyed by Gallup throughout July gave top White
House officials a negative ethics rating — the lowest of any administration in
recent history with the exception of former President Donald Trump.
The
poll showed 42% of respondents gave the Biden administration a positive ethics
rating, with 34% calling the current standards “good” and 8% calling them
“excellent.”
Trump
officials had the lowest ethics ratings of any presidential administration on
record, with only 38% giving an “excellent” or “good” rating.
an hour ago 1620
Jack
Smith and Trump reportedly 'exchanged looks' inside courtroom at ex-president's
arraignment
By Ryan King
Both
special counsel Jack Smith and former President Donald Trump have entered the
courtroom for the 77-year-old's arraignment, according to multiple reports.
Trump
was reportedly seen quietly chatting with his lawyer in the courtroom.
Smith
also attended the former commander in chief's arraignment in Miami for the 37-
(now 40-) count indictment over alleged hoarding of national security
documents.
The
two men are said to be seated roughly 15 feet away from each other and
exchanged looks.
Ahead
of the hearing lawyers were seen signing various paperwork.
an hour ago 1620
Trump
'checking out the audience' inside courtroom
Donald
Trump looked around the DC courtroom at the 100 or so spectators as the former
president awaited Magistrate Judge Moxila Upadhyaya on Thursday — seated not
far from special counsel Jack Smith, whom he has bashed as a "rabid
wolf."
"More
so today than in Manhattan court or Miami federal court.... Trump is checking
out the audience. Looking around the room. And at the spectators," tweeted CBS journalist Scott MacFarlane.
Journalists
in the courtroom are not allowed to use electronics such as cellphones, but the
courthouse, located at the base of Capitol Hill, set up a special media room nearby
to allow for more rapid filing.
A
journalist for The Post was among the few chosen by lottery to sit in the
courtroom.
2 hours ago 1520
Jan.
6 first responders spotted at courthouse ahead of Trump arraignment
By Ryan King
Capitol
Police Sgt. Harry Dunn and retired Sgt. Aquilino Gonell were spotted entering
the federal courthouse ahead of former President Donald Trump's expected
arraignment.
Both
responded to the Jan. 6, 2021, Capitol riot and have been outspoken critics of
Trump.
Dunn
waved to the cameras as he headed inside.
.
Metropolitan
Police Officer Daniel Hodges, another first responder to the riot, was
also expected to head toward the courthouse ahead of the arraignment, NBC
reported.
All
three recounted physical and emotional injuries from the riot, with Gonell
ultimately opting to retire. They also participated in the House Jan. 6
Committee investigation.
2 hours ago 1520
Ex-Trump
attorney says federal prosecutors may have ignored ‘exculpatory’ evidence in
Jan. 6 case
Special
counsel Jack Smith may have ignored “exculpatory” evidence his office received
before indicting former President Donald Trump for allegedly trying to overturn
the 2020 election, according to a former Trump attorney.
Tim
Parlatore, who left the former president’s legal team in May, confirmed to The
Post that federal prosecutors had apparently not consulted what he called
“absolutely exculpatory” records as part of their Jan. 6 investigation.
The
records included sworn affidavits from Trump allies who believed the 2020
election had been fraudulent and were seeking to substantiate proof of any
illegal voting activity, CBS
News first reported.
Parlatore
said he turned over the records on July 23 following a separate inquiry into
his client, former NYPD Commissioner Bernard Kerik, a friend of the 77-year-old
former president whose communications had previously been withheld by the Trump
campaign.
But
one of Smith’s prosecutors asked for the documents two days after the
indictment dropped, according to an Aug. 2 email reviewed by The Post.
“They
bear directly on the essential element of whether Rudy Giuliani, and therefore
Donald Trump, knew that their claims of election fraud were false,” Parlatore
told CBS.
“Good-faith
reliance upon claims of fraud, even if they later turn out to be false, is very
different from pushing fraud claims that you know to be false at the time.”
A
spokesman for Smith’s office did not immediately respond to a request for
comment.
2 hours ago 1520
Nearly
half of Republicans may ditch Trump if he's convicted of a felony: poll
By Ryan King
Some
45% of Republicans say they don't intend on voting for former President Donald
Trump if he's "convicted of a felony crime by a jury," a new poll found.
Thirty-five percent of respondents indicated
they would, according
to the Reuters/Ipsos poll released Thursday — the
day Trump faces his third arraignment in four months, this time for his alleged
attempts to overturn the 2020 presidential election.
Other
respondents said they were unsure.
Those
figures ticked up when GOP voters were asked about Trump getting hit with
prison time. Roughly 52% of Republican voters indicated they wouldn't back him
if he were "currently serving time in prison" while 28% would.
Still,
the GOP voters largely appeared sympathetic to the 77-year-old former
president, who has denied wrongdoing and blasted each of his three indictments
as a "witch hunt."
Seventy-five
percent of respondents felt that the charges against Trump were
"politically motivated," per the poll. Additionally, 66% deemed the
accusations against him in the latest indictment "not believable."
The
poll surveyed 1,005 US adults with a margin of error of plus or minus 4
percentage points.
2 hours ago
1520
Ex-Trump
aide John Bolton calls Trump cases 'a modified form of Russian roulette'
Donald
Trump's former White House national security adviser John Bolton warned
Thursday that the two federal cases against Trump are "a modified form
of Russian roulette."
Bolton,
who is now a vocal Trump critic, said he believes that bringing charges against
Trump is "the right thing to do" and that he wants trials to happen
before the November 2024 election — but cautioned that his former boss could
come out on top.
"I
think it's the right thing to do, but it is a modified form of Russian
roulette," Bolton said on CNN as Trump was placed under arrest inside DC's
federal district court.
"If
Trump is convicted in one or both of the federal cases, I think that will turn
things upside down. I think he could be denied the Republican nomination, he'd
certainly lose the election," Bolton went on.
"But
if he is acquitted, or a hung jury results, which I think would be understood
by most people as being the equivalent of acquittal, I think he would get the
Republican nomination and he could quite possibly win the election on the back
of that."
Bolton
likened failed prosecutions to Trump's two Senate impeachment trials, which
resulted in acquittals due to overwhelming Republican support.
"The
impeachment efforts against Trump failed twice to convict him and what was the
consequence of the failure? Emboldening and empowering Trump. Acquittals here
would be even more devastating," Bolton said.
2 hours ago
1520
Trump Foxs old video of Ron DeSantis complimenting
his record en route to courthouse
Former
President Donald Trump posted an edited clip of Florida Gov. Ron DeSantis
praising him on Thursday as his motorcade made its way to the federal
courthouse in Washington, DC, where he will be arraigned on his latest
indictment.
"THANK YOU!" Trump
wrote on his Truth Social.
The
minute-long clip is a compilation of DeSantis, Trump's most formidable opponent
in the 2024 Republican presidential primary, thanking Trump for everything he
had done while in office.
"Even
his worst critic would say he is somebody determined to keep the promises he
made," DeSantis says in the video.
Despite
Trump's legal troubles, he has maintained a dominant lead in the polls.
According to the latest data from
FiveThirtyEight, Trump is ahead of DeSantis 53.5% to 15.6%
2 hours ago 1520
Trump
arrives at courthouse for indictment on alleged efforts to overturn 2020
election
By Ryan King
Former
President Donald Trump has arrived at the E. Barrett Prettyman Courthouse,
where he is expected to plead not guilty to the four-count indictment over his alleged attempts to overturn
the 2020 presidential election.
He
will also likely be arraigned on the indictment which was announced Tuesday and
marks his third spate of charges in four months.
2 hours ago 1520
Trump
campaign fundraises with 'Never Surrender' shirt as motorcade enters DC
Donald
Trump's 2024 presidential campaign blasted out an email fundraising appeal as
the former president's motorcade traversed DC traffic en route to his
arraignment in federal court in Washington.
"Even
with Crooked Joe’s corrupt DOJ ARRAIGNING President Trump in federal court *TWICE* now, our movement has only
grown STRONGER and even more UNITED!" the fundraising email
said.
"And what better way to SHOW the radical Left and the Deep State
thugs just how UNBREAKABLE we truly are than to wear your very own “NEVER SURRENDER”
T-Shirt."
A
link directs supporters to a webpage entry form for a "FREE" shirt
that's available for a donation of the contributor's choice.
Trump has turned his two prior criminal
arraignments into major fundraising events. His
campaign raised $6.6 million in six days after federal charges were brought in
Miami in June for his alleged mishandling of classified records — after raising
$10 million in five days in March and April after he was indicted in New York
on state charges linked to 2016 hush money payments.
3 hours ago 1420
Stoic
Trump enters motorcade en route to courthouse for arraignment
By Ryan King
A
grim-faced Donald Trump disembarked his Boeing 757 at Reagan National Airport
Thursday afternoon and entered a black SUV en route to the Washington, DC,
federal courthouse where he will be arraigned.
The
77-year-old gave a quick wave to the cameras as he walked down the staircase
off his so-called Trump Force One as the wind rustled his hair and red tie.
He
mouthed "Thank you" before getting into the SUV.
The
former president's plane landed at the airfield in Arlington, Virginia, just
outside the nation's capital, and the motorcade will take him to E. Barrett
Prettyman Courthouse, where he is expected to plead not guilty to the
four-count indictment over his attempts to allegedly overturn the 2020
presidential election.
3 hours ago
1420
Trump
haters dance to 'Happy' outside DC court
Anti-Donald
Trump protesters celebrated his looming third arrest and arraignment outside
DC's federal district court on Thursday.
Activists
danced to the song "Happy" by Pharrell Williams with longtime antiwar
Code Pink protester Medea Benjamin holding a sign that advocated "Trump 2024... Prison."
An
apparent Trump supporter could be heard bellowing, "No, I'm not happy —
very unhappy," in a video tweeted by journalist Andrew Leyden.
3 hours ago 1420
Trump
supporters protest Kamala Harris visit to Wisconsin
As
former President Donald Trump traveled to DC to face charges for allegedly
trying to overturn his narrow 2020 losses in swing states, Vice President
Kamala Harris was greeted by pro-Trump protesters in one of those states.
As
Harris arrived at a technology manufacturing facility in Pleasant Prairie,
Wis., near the Illinois border, her motorcade "passed a dozen or so
pro-Trump demonstrators with a flag and signs complaining about U.S.-Mexico
border management and 'Bidenomics failed America' on approach to
facility," according to a pool report from a Milwaukee Journal Sentinel
journalist.
Trump
lost in Wisconsin by 20,682 ballots after narrowly carrying the state in 2016.
3 hours ago 1420
Trump
plane arrives at Reagan Airport for former president's arraignment
By Ryan King
Former
President Donald Trump's airplane touched down at Reagan National Airport.
He
will soon depart his Boeing 757 and take a motorcade to the E. Barrett
Prettyman Courthouse for his 4 p.m. arraignment.
Trump is expected to plead not guilty
to all four felony counts lodged
against him related to his efforts to overturn the 2020 election.
3 hours ago 1420
Donald
Trump Jr. warns father's indictment won't 'end well' for 'our civilization'
By Ryan King
Donald
Trump Jr. panned the indictment of his father, starkly warning that it won't
end well.
"Each
one of these things, I think only solidifies that to the American people just
how far we have fallen as a country, just how corrupt the Biden administration
and their weaponized form of government is," Trump Jr. told NewsMax
Thursday.
"And
hopefully that wakes up people because, you know, this doesn't end well, for
our country, for our civilization."
The
former first son joked that it was like "at this point it's like Taco
Tuesday" with these legal predicaments for his father.
"It's
a regular occurrence, usually happens right after you know actual criminal
stuff is found on Hunter and/or Joe Biden," he said.
Trump
Jr. also revealed that he had a phone call with his father after news broke of
his new four-count indictment.
He
described the 77-year-old former president as being in good spirits despite the
specter of a possible conviction, underscoring that the Trump family is
"probably built a little different" and has tougher skin in these
sorts of situations.
"I
mean, we're really living in crazy times. I spoke to my father the other day,
right after it was announced and honestly, he's doing great. We were laughing
about things."
3 hours ago 1420
GOP
senator says Trump 'victim' of 'weaponization,' vows to block Biden DOJ picks
Sen. JD Vance (R-Ohio) called former President Donald Trump
a "victim" of a "weaponized"
Justice Department Thursday and doubled down on a pledge to block President Biden's
Justice Department appointees in protest.
“Donald
Trump is merely the latest victim of a Department of Justice that cares more
about politics than law enforcement," Vance said in a press release as
Trump traveled to a federal courthouse in DC for his arraignment on charges for
trying to overturn his 2020 election loss.
"[Attorney
General] Merrick Garland’s department harasses Christians for pro-life
advocacy, but allows hardened criminals to walk our streets unpunished,"
Vance added. "This must stop, and I will do everything in my ability to
ensure it does.
"Starting
today, I will hold all Department of Justice nominations," Vance added.
"If Merrick Garland wants to use these officials to harass Joe Biden’s
political opponents, we will grind his department to a halt.”
Vance
previously threatened to hold up DOJ nominees in June when Trump faced an
initial indictment in Miami for allegedly mishandling classified records. He blocked unanimous consent on a DOJ nominee last week.
3 hours ago 1420
Dozens
of Trump supporters, anti-Trump artist gather outside courthouse
Roughly
40 demonstrators had arrived at the E. Barrett Prettyman Courthouse by noon – the vast majority of whom were
supporters of former President Donald Trump.
Not
far from the commotion, artist Tim Smith from Gettysburg, Pa., quietly sketched
the scene on a large canvas, the back of which read “LOSER” in the style of
Trump campaign signs.
“I
think everyone's just done with it,” Smith said when asked why he thought there
were so few anti-Trump demonstrators. “I think, especially on the left, people
are seeing actual actions happen. They're seeing accountability is happening,
and so they're more apt to just stay home and watch on the TV or on their news
feeds. And the right is probably a little scared s---less to come here, because
last time, you know, they're here for Trump and bunch of them went to
prison."
Smith's
work – to be titled “The Kraken” – features a large octopus stretching its
tentacles around scenes of Trump campaign events, court hearings and government
buildings. In a corner, Rudy Giuliani’s sweaty, grimacing face is prominent.
On
the top, Trump is depicted as Jesus Christ on the cross with a crown of thorns.
The
mural’s title and theme were inspired by post-election texts from Virginia
"Ginni" Thomas, the wife of Supreme Court Justice Clarence Thomas,
telling Trump’s then-chief of staff Mark Meadows to “Release the Kraken and
save us from the left taking America down.”
3 hours ago 1420
Trump
Force One wheels up to DC
Former President Donald Trump's airplane has
taken off from Newark Liberty International Airport. His arraignment is
scheduled to begin in less than two hours.
4 hours ago 1320
New
York Trump fan brings mock presidential limo to DC courthouse
James
Robinson, of Long Island, drove five hours to Washington in his decked-out
Donald Trump limousine – complete with a presidential seal on its doors – to
cheer on the former commander-in-chief.
“It's
important because it’s showing support for the president,” he told The Post. “I
mean, I'm local, I can make it, I was able to take the day off of work. You
know, a lot of people, I understand, can’t take off work.”
Throughout
Thursday morning, Robinson and two other members of the “Setauket Patriots”
group cruised around the courthouse just blocks from the Capitol, playing
pro-Trump recordings on a loudspeaker.
Some
passersby took photos and waved at the vehicle, while others yelled
profanities.
During
a midmorning stop at a local restaurant that doubles as a MAGA hangout, an
unidentified counter-protester stuck a miniature handmade “Black Lives Matter”
sign on the limo's front passenger window, while another person rushed up to
bicker with the group.
“All
lives matter,” Robinson told the unknown man. “Your life matters.”
4 hours ago
1320
Former
President Donald Trump alleges the Bidens stole 'millions and millions of
dollars,' took foreign bribes
By Post Staff
Former
President Donald Trump bashed the Biden family on his social media platform,
Truth Social, on Thursday, and went on to slam the federal judge handling his
arraignment and once again claim the 2020 election was rigged. \Former
President Donald Trump blasted the Biden's in a post on Truth Social.@realdonaldtrump/truthsocial
"Biden
and his family steal Millions and Millions of Dollars," Trump wrote before
going on to allege that the Bidens took bribes from "foreign
countries."
Trump
raged that he is being arrested for "protesting a CROOKED ELECTION," once
again repeating his claim that the 2020 election was rigged.
The
ex-president further slammed his charges by saying, "UNFAIR VENUE, UNFAIR
JUDGE."
Trump
ended his missive by claiming the US is "a nation in decline."
4 hours ago
1320
Trump
arrives at Newark Airport
After
a 40-minute trip from Bedminster, former President Donald Trump has arrived at
Newark Liberty International Airport and boarded Trump Force One.
He
will soon fly less than an hour to Ronald Reagan Washington National Airport in
northern Virginia, just across the Potomac River from Washington, DC.
4 hours ago
1320
Mike
Pence shames Trump with 'Too Honest' merch
By Ryan King
Former
Vice President Mike Pence's White House campaign is throwing shade at his old
boss Donald Trump with some pointed merchandise.
The
former Indiana governor is selling hats and T-shirts emblazoned with the phrase
"Too Honest."
Trump
had "berated" Pence on New Year’s Day 2021 over the veep's insistence
that he lacked the authority to reject electoral votes cast for Joe Biden in
battleground states.
At one point, the 45th president told Pence, "You’re too
honest," according to both the recent indictment and Pence's own memoir.
Pence,
64, testified before a federal grand jury earlier this year and his notes were
cited in the 45-page charging document against Trump.
4 hours ago
1320
Anti-Trump
protester arrested at Florida arraignment re-emerges in DC
By Ryan King
An anti-Donald Trump protester who was arrested for hopping in front of the former
president's motorcade following his June arraignment in Florida is back.
Domenic
Santana wore his signature black-and-white prison stripes again outside the
federal courthouse in the nation's capital Thursday, clamoring for Trump to
become an inmate.
"I'm
here to let the world know that Donald Trump is a con artist, that he should've
been locked up a long time ago, that he shouldn't have left New York to go to
the White House," Santana, the former owner of Asbury Park's legendary
Stone Pony rock club, told a reporter Thursday, adding that he has
no plans to get cuffed this time.
4 hours ago
1320
Bikin'
Biden goes on yet another ride, largely ignores press while shouting he won't
follow Trump's arraignment
By Ryan King
Joe couldn’t resist the media forever.
President
Biden largely
ignored his press pool while taking another leisurely bike ride Thursday
morning, shouting a one-word answer to a CNN photographer who asked if he would
be following his predecessor’s arraignment on
federal charges in connection with the aftermath of the 2020 election.
“Mr.
President, will you be following the arraignment today, sir?” asked cameraman
Jay McMichael as the commander-in-chief cycled toward him along a path in
Rehoboth Beach, Del.
“No,”
the 80-year-old Biden answered as he pedaled by.
5 hours ago 1220
Trump
en route to Washington
Former
President Donald Trump's motorcade is pulling out of his golf club in
Bedminster, NJ, and is en route to Newark Liberty International Airport for the
short flight to the nation's capital.
The
45th president's arraignment is set for 4 p.m. in DC federal court.
5 hours ago
1220
Trump
claims he is being arrested for challenging a 'rigged and stolen' election,
says "I am being arrested for you"
By Post Staff
Former
President Donald Trump took to Truth Social to lash out at his charges regarding his role in the January 6,
2021, Capitol riot.
"I
AM NOW GOING TO WASHINGTON, D.C., TO BE ARRESTED FOR HAVING CHALLENGED A
CORRUPT, RIGGED, & STOLEN ELECTION," the former president wrote on his
social media site.
Trump
went on to call the indictment a "GREAT HONOR" and claim "I AM
BEING ARRESTED FOR YOU."
Former
President Donald Trump lashed out at his charges on Truth Social.@Realdonaldtrump/Truthsocial
Trump, 77, was indicted by a grand jury on four counts including conspiracy to defraud
the United States for his claim that the 2020 election was rigged.
“These
claims were false, and the Defendant knew that they were false," the
indictment read.
5 hours ago
1220
Read
the entire 45-page Trump indictment over his alleged attempts to overturn 2020
election
Special
counsel Jack Smith’s federal indictment against former President Donald Trump
charges the 45th commander-in-chief with conspiring with six others for months
to knowingly spread lies that there had been widespread election fraud.
The indictment, the third criminal case against
Trump, alleges that his unfounded claims that he had, in fact, actually
defeated former Vice President President Joe Biden culminated in the riot at
the Capitol on Jan. 6, 2021.
“These claims were false, and the Defendant
knew that they were false. But the Defendant repeated and widely disseminated
them anyway — to make his knowingly false claims appear legitimate, create an
intense national atmosphere of mistrust and anger, and erode public faith in
the administration of the election,” the indictment claims.
Could
Trump run for office if convicted, and could he pardon himself if elected?
Donald Trump’s political future had plenty of life left a day
after he was indicted on four federal charges in connection with his
efforts to overturn the 2020 election.
The
77-year-old former president and current 2024 GOP front-runner faces 78 felony
charges in three separate cases that could see him sentenced to prison for
hundreds of years if convicted.
Additional election interference charges may also be handed
down later this month by prosecutors in Georgia.
And…
X36 CNN analyst says Trump’s indictment made him feel
the same as when the US ‘killed Osama bin Laden’
By
Gabriel
Hays, Fox News August 3, 2023 12:33pm
Levin warns Trump indictment is part of 'passive
revolution' by Democrats
·
Georgia sheriff vows to get Trump’s mug shot if he’s
indicted
·
DOJ
raises possible 'conflicts of interest' with Trump aide Walta Nauta's defense
lawyer
Former
D.C. Metropolitan police officer and CNN analyst Michael Fanone
claimed Tuesday’s federal indictment of former President Donald Trump in
relation to the Jan. 6, 2021, Capitol riot made him feel the exact same way he
felt when the U.S. military “killed Osama bin Laden.”
Fanone,
who was present at the U.S. Capitol on Jan. 6 and who has testified before the
U.S. House select committee investigating the riot that day, told CNN host
Laura Coates on Tuesday he believed that Trump’s actions surrounding the event
were “absolutely” comparable to bin Laden’s terror attack against the U.S. on 9/11.
Fanone’s
words seemed to perturb Coates, who paused and admitted to the former law
enforcement officer that his statement was an “eyebrow-raising” one.
The
segment occurred Tuesday night, only hours after Department of Justice Special
Counsel Jack Smith announced
the indictment of Trump on charges surrounding the 2020
presidential election.
These charges included conspiracy to
defraud the United States; conspiracy to obstruct an official proceeding;
obstruction of and attempt to obstruct an official proceeding; and conspiracy
against rights.
Fanone
reacted to the news on “CNN Tonight,” telling Coates he felt as proud about the
indictment as he did when bin Laden was killed in 2011.
He
said, “When I first learned about the indictment, I had a long conversation
with a friend of mine, Ryan Reilly, and I told him how proud I felt to be an
American at that moment. Much in the way that I did when I learned that our
military had killed Osama bin Laden. I just felt incredibly proud.”
Looking
somewhat perplexed, Coates asked, “These two seem comparable to you?” She
added, “Why that comparison in particular?”
Fanone
obliged the host, saying, “I believe they are comparable.” Coates interjected,
“In what way?” The former officer continued, saying, “Absolutely. Osama bin
Laden was a terrorist who committed a horrific act against the American people
and against our republic. And I believe that Donald Trump is a terrorist who
committed horrific acts against the American people.”
The
host reminded Fanone of the intensity of such a comparison, telling him, “You
can imagine that is a very eyebrow-raising statement, to say the least, the
notion of Osama bin Laden in comparison to Donald Trump.”
Coates
gave her guest the benefit of the doubt, stating, “It likely speaks to just how
deeply you have been concerned and have felt about all of this.”
Still,
she pushed back again on his claim, asking, “But are you concerned that
statements like that or the rhetoric surrounding what his role has been is
going to cloud people’s view of this indictment as a fair process?”
Fanone
replied by noting that the people involved in the legal process are the only
ones whose views matter on the subject.
He
said, “I think that the only person or people whose view matters with regards
to this indictment are the jurors who will eventually be sat and listen to the
facts and ultimately make a judgment as to whether or not Donald Trump is guilty of the charges that Jack Smith and the Department of
Justice have brought forward.”
ATTACHMENT “F” – From CNN
Trump pleads not guilty on 2020
election interference charges
By Aditi Sangal,
Matt Meyer, Maureen Chowdhury, Elise Hammond and Tori
B. Powell,
CNN
Updated 5:24
p.m. ET, August 3, 2023
8 min ago
1716
Federal
judge intends to set trial date in case against Trump at next hearing
From CNN's
Tierney Sneed, Holmes Lybrand and Hannah Rabinowitz
Federal
Judge Tanya Chutkan, who will preside over the case against former President
Donald Trump, intends to set a trial date at the next hearing on August 28,
according to Magistrate Judge Moxila Upadhyaya.
Prosecutors
pushed for a speedy trial at the hearing on Thursday, and for the
case to proceed just as others do.
“This case
will benefit from normal order, including speedy trial," prosecutor Tom
Windom said.
John
Lauro, an attorney for the former president, highlighted the “massive amount”
of discovery they would need to look through before suggesting a trial
date.
Upadhyaya said
prosecutors are required to file a recommendation within seven days of when the
trial should be held. After their recommendation is filed, Trump’s attorneys
will have another seven days before filing their own
recommendations.
“We don’t
know the scope of it,” Lauro said of the massive amount of discovery in the
case. “We are going to have to go through information … in order for us to
properly address” when a trial date should be set, Lauro said.
“These are weighty issues,” Lauro continued. “Obviously the United States has
had three and a half years to investigate this matter. And also, there are a
number of agents and lawyers assisting the government in this proceeding, and
all that we would ask your honor is the time to fairly defend our
client.”
Lauro added: “And to do that we need a little time.”
28 min ago
1656
Here's
what GOP lawmakers have said about Trump's historic court appearance — and who
hasn't spoken up yet
From CNN
staff
Some
Republican lawmakers condemned former President Donald Trump's historic third
indictment in the hours before and during his court appearance Thursday in
Washington, DC. Other influential GOP figures have not yet weighed in.
Here's
some of what we've heard so far:
·
Rep. Elise
Stefanik, a Republican from New York and one of Trump's staunchest
defenders on Capitol Hill, released a statement criticizing the indictment
while Trump was in the courtroom. "The American people are smart, and they
know this is a politically charged witch hunt orchestrated by Joe Biden’s
corrupt DOJ," she said.
·
Sen. Rick
Scott, a Republican from Florida, tweeted a
graphic from Fox News on Thursday that compares dates in the Hunter
Biden investigation with
the dates that Trump has been indicted in multiple cases, and captioned it,
“Every time we learn more about potential Biden family corruption, @JoeBiden’s
DOJ indicts his top political opponent.”
·
Sen. Ted
Cruz, the Texas Republican, wrote earlier Thursday on Twitter, “The
DOJ: the DNC's legal arm? Indictments as political tools? This isn't
impartiality; it's partisanship.”
·
Sen.
Marsha Blackburn, a Republican from Tennessee, alleged the judge assigned to
the case won’t be impartial. “The judge presiding over Trump’s newest case — an
Obama-appointed jurist — has previously ruled against the former president. Do
you think she’ll judge in a fair and impartial manner?” she said in a tweet shortly
before Trump's appearance.
Still not heard from: Notably,
Senate Minority Leader Mitch McConnell and Senate Minority Whip John Thune have
not weighed in on the indictment or the arraignment.
CNN's
Morgan Rimmer and Lauren Fox contributed reporting to this post.
36 min ago
1648
Trump's
arraignment hearing has concluded
From CNN's
Tierney Sneed, Hannah Rabinowitz and Holmes Lybrand
The
first appearance and arraignment for
former president Donald Trump in the 2020 election interference case has
officially ended.
The
proceeding lasted 27 minutes.
Trump has
departed the courtroom.
48 min ago
1636
Next
hearing in Trump election interference case set for August 28
From CNN's
Tierney Sneed, Hannah Rabinowitz and Holmes Lybrand
Magistrate
Judge Moxila Upadhyaya scheduled the next hearing in the election
subversion case for August 28 at 10 a.m. ET.
That
proceeding will happen before US District Judge Tanya Chutkan.
Prosecutor
Thomas Windom said the government was available on all of the days that the
magistrate judge offered as potential hearing days, but would prefer the
earliest one.
The Trump
team requested August 28, the latest of the three options.
“I will
also note, Mr. Trump, that to the extent you are not able to attend as a result
of your schedule, I have consulted with Judge Chutkan and she is willing to
waive your appearance,” Upadhyaya said.
57 min ago
1627
Trump will
be released pending trial
From CNN's
Holmes Lybrand
Prosecutors
from special counsel Jack Smith’s office did not seek pretrial detention for
Donald Trump.
Instead,
the former president will be released on very minimal conditions of release,
which include not being allowed to communicate with anyone known to be a
witness in the case unless through an attorney.
Trump
stood and raised his right hand, swearing to abide by the conditions of
release.
He also
signed papers agreeing to the conditions.
1 hr ago
1624
JUST IN:
Trump pleads not guilty to 2020 election interference charges
From CNN's
Tierney Sneed and Hannah Rabinowitz
Former
President Donald Trump has pleaded not guilty to
four federal charges stemming from his efforts to overturn the 2020 election.
Trump was indicted on Tuesday as
part of special counsel Jack Smith’s investigation into Trump's efforts to
reverse the election leading up to the January 6, 2021, attack on the US
Capitol.
He was
charged with these four counts:
·
Conspiracy to defraud the United
States
·
Conspiracy to obstruct an official
proceeding
·
Obstruction of and attempt to
obstruct an official proceeding
·
Conspiracy against rights
Magistrate
Judge Moxila Upadhyaya asked Trump how he pleaded to counts 1-4 in the
indictment.
“How does
Mr. Trump plead?” she asked.
“Not
guilty,” Trump said.
1 hr 3 min
ago 1621
NOW: Trump
is sworn in as arraignment hearing gets underway in DC court
From CNN's
Tierney Sneed
The arraignment hearing for
former President Donald Trump in special counsel Jack Smith’s election
subversion case has begun in the Washington, DC, federal court.
US
Magistrate Judge Moxila Upadhyaya is presiding.
Trump is
joined by his attorneys John Lauro and Todd Blanche. Another Trump attorney,
Evan Corcoran, who has not formally entered an appearance in the case, is
seated at a row behind the defense table.
Trump has
been sworn in, raising his right hand and saying, "I do," and was
advised of his rights.
When asked
to say his name, Trump replied “Donald J. Trump. John,” and said he was
“seven-seven” when asked his age.
Trump
confirmed to the judge that he had not taken any substances or medications in
the past day.
The
magistrate judge advised Trump of his rights under the Fifth Amendment, as well
as the charges and maximum penalties he faces if convicted, including a maximum
of up to 20 years behind bars for two of the charges.
1 hr 12
min ago 1612
Trump in
custody at DC courthouse and being arraigned on 2020 election interference
charges
From CNN's
Tierney Sneed, Holmes Lybrand, Hannah Rabinowitz and Katelyn Polantz
Former
President Donald Trump is in custody at
the US District Court in Washington, DC, and being arraigned on criminal charges related
to special counsel Jack Smith’s investigation into efforts to overturn the 2020
presidential election leading up to the January 6, 2021, attack on the US
Capitol.
Part of
the purpose of Thursday’s first appearance hearing is for the magistrate
judge, Judge Moxila Upadhyaya, to approve of the bail conditions that will
allow Trump to be released from federal custody up until trial.
Smith is
present in the courtroom and similarly attended Trump’s first appearance in the
case the special counsel brought against him for allegedly mishandling classified
documents.
1 hr 14
min ago 1610
Trump
enters courtroom for initial appearance in 2020 election interference case
From CNN's
Tierney Sneed and Hannah Rabinowitz
Former
President Donald Trump has entered the courtroom for his first appearance hearing
in the election subversion case brought against him by special counsel Jack
Smith.
CNN's
senior legal affairs correspondent Paula Reid noted that Trump and special
counsel Jack Smith are seated about 15 feet away from each other, according to
sources inside the courtroom.
"Now,
apparently the two men have exchanged several looks as they await
this hearing to get underway. We're told it's very quiet in the
courtroom right now. The former president is seated with his lawyers,
he's been signing some paperwork, talking to them, for a little
while," Reid said.
Prosecutors
are seated at a separate table and Smith is not expected to participate in the
hearing.
Reid also
said that this is one of a handful of times Trump will come face-to-face with
Smith before the case goes to trial.
1 hr 35
min ago 1549
Special
counsel Jack Smith is present for Trump’s first appearance in election
subversion case
From CNN's
Tierney Sneed and Hannah Rabinowitz
Special
counsel Jack Smith is present in the courtroom for former President Donald
Trump’s first appearance Thursday in the election subversion case.
Smith also
attended Trump’s first appearance in the case the special prosecutor brought
against the former president for allegedly mishandling classified documents.
Some background: Smith, in remarks when the
indictment was unsealed on Tuesday, described the January 6 insurrection as an
“unprecedented assault on the seat of American democracy" that was “fueled
by lies” told by the former president. He encouraged all Americans to read
the full document.
Smith's
move to bring charges will test whether the criminal justice system can be used
to hold Trump to account for his post-election conduct after he was acquitted
in his impeachment trial related to his actions that day.
2 hr 1 min
ago 1523
Trump has
arrived at the DC court for his arraignment. Here are the charges he faces in
the 2020 election case
From CNN's
Tierney Sneed, Holmes Lybrand, Hannah Rabinowitz and Katelyn Polantz
Former
President Donald Trump has arrived at the US District Court in Washington,
DC, to make his initial appearance in federal court after
being indicted in special counsel Jack Smith’s investigation into his efforts
to overturn the 2020 presidential election leading up to the January 6, 2021,
attack on the US Capitol.
Trump will
be placed in the custody of the US Marshals Service and he will be processed as
part of the proceedings.
When he
was placed into custody for the first appearance in the classified documents
prosecution last month in Miami’s federal courthouse, he submitted to
fingerprints and provided other information to court officials, though he was
not required to take a mugshot.
The
processing for the DC appearance will likely be more streamlined, given that
Trump is now already in the federal system.
Part of
the purpose of Thursday’s hearing is for the magistrate judge, Judge
Moxila Upadhyaya, to approve of the bail conditions that will allow him to be
released from federal custody up until trial.
Trump is
expected to plead not guilty. He has been charged with four counts:
·
Conspiracy to defraud the United
States
·
Conspiracy to obstruct an official
proceeding
·
Obstruction of and attempt to
obstruct an official proceeding
·
Conspiracy against rights
·
2 hr 24
min ago 1500
Chief
judge greets reporters and the public ahead of Trump's historic arraignment at
DC courthouse
From CNN's
Hannah Rabinowitz
Chief
Judge James Boasberg has spent part of this historic day meeting and greeting
reporters and members of the public at the E. Barrett Prettyman federal
courthouse ahead of former President Donald Trump's arraignment.
Boasberg
assumed the chief judge role — one of the most influential judgeships in the
nation’s capital – just a few months ago.
As the
judge who oversees the grand jury, he has played a key role in deciding issues
in the investigation that culminated in the criminal case against the former
president.
2 hr 24
min ago 1500
Security
sweeps being conducted in federal court where Trump will soon appear
From CNN's
Holmes Lybrand
The US
Secret Service has made several security sweeps inside the federal courthouse,
including on the second floor, where Donald Trump will appear before a
magistrate judge for his initial appearance on Thursday.
The
probation office and pretrial services — where the former president will likely
be processed — are also on the second floor.
Court
security has cleared the atrium on the courthouse's first floor, all but
guaranteeing Trump will only be seen in the courtroom and not walking through
the building itself.
Court
security and Secret Service members have been stationed around the courtroom
since earlier this afternoon.
Trump has
landed at Reagan National Airport, and a motorcade has departed special counsel
Jack Smith’s office in Washington, DC.
1 hr 2 hr? 28 min ago 1456
Trump
lands at Reagan National Airport ahead of federal arraignment in DC
From CNN
staff
Donald
Trump's plane has landed at Reagan National Airport in Virginia and the former
president will soon head to a Washington, DC, federal courthouse to be arraigned on charges related
to efforts to overturn the 2020 election.
After
arriving at the courthouse, Trump will be placed under arrest, processed and
likely arraigned in court.
2 hr 46
min ago 1438
Pence
campaign selling "Too Honest" merchandise in reference to Trump
indictment
From CNN's
Kyung Lah
Former
Vice President Mike Pence’s campaign is selling T-shirts and hats branded with
"Too Honest," referencing a phrase Donald Trump allegedly uttered to
Pence when he refused to go along with the former president’s request to reject
electoral votes and change the outcome of the 2020 election.
According
to the federal indictment, in one conversation on January 1, 2021, Trump told
Pence he was “too honest” when the vice president said he lacked the authority
to change the results.
After
Trump was indicted earlier this week, Pence said that "anyone who
puts themselves over the Constitution should never be president," and
added that Trump "was surrounded by a group of crackpot lawyers who kept
telling him what his itching ears wanted to hear."
2 hr 52
min ago 1432
As he
heads to Washington, Trump criticizes judge overseeing the 2020 election
interference case
From CNN's
Kaitlan Collins
As he
headed to Washington, DC, for a court appearance, former
President Trump claimed both the venue and judge overseeing the latest case
against him are "UNFAIR."
"Biden
and his family steal Millions and Millions of Dollars, including BRIBES from
foreign countries, and I’m headed to D.C. to be ARRESTED for protesting a
CROOKED ELECTION. UNFAIR VENUE, UNFAIR JUDGE. We are a Nation in Decline.
MAGA!!!" Trump
posted on Truth Social.
Trump is
expected to publicly address the new charges, stemming from his efforts to
overturn the 2020 election, after he leaves court Thursday, according to a
person familiar with the schedule.
The former
president is set to appear before a Magistrate Judge Moxila Upadhyaya
this afternoon. Handling the case going forward will be federal District Judge Tanya Chutkan.
Chutkan
has repeatedly spoken out in very strong terms against the efforts to overturn
the election and disrupt the transfer of power. Though she was randomly
appointed to oversee the special counsel’s criminal case, she is no stranger to
January 6, 2021, litigation.
In
November 2021, Chutkan forcefully rejected Trump’s
attempts to block the House select committee investigating January 6 from
accessing more than 700 pages of records from his White House.
Earlier,
Trump posted on Truth Social: “I NEED ONE MORE INDICTMENT TO ENSURE MY
ELECTION!”
CNN's
Hannah Rabinowitz and Marshall Cohen contributed reporting to this post.
3 hr 14
min ago 1410
Trump en
route to Washington, DC, for federal arraignment
From CNN
staff
Former
President Donald Trump's plane has departed Newark, New Jersey, and he is
headed to Washington, DC, to be arraigned on charges related
to efforts to overturn the 2020 election.
As part of
special counsel Jack Smith’s investigation, Trump was charged on Tuesday with:
conspiracy to defraud the United States; conspiracy to obstruct an official
proceeding; obstruction of and attempt to obstruct an official proceeding; and
conspiracy against rights.
What to expect later today: After
arriving at the US District Court this afternoon, Trump will be placed under
arrest, processed and likely arraigned in court.
Because
Trump has already been processed in the federal system for his arrest in the
Mar-a-Lago classified documents case, his booking today is likely to be
streamlined.
Trump is
expected to plead not guilty and to be released pending trial.
This is
Trump's third arrest in four months. Smith charged Trump in
the classified documents probe in June, and a Manhattan grand jury charged the former president for
business fraud in March. Trump, who is running for president in 2024, pleaded
not guilty in both cases.
3 hr 43
min ago 1341
Talking
point that Trump faces a two-tiered justice system is disingenuous, CNN legal
analyst says
Following
the latest indictment of Donald Trump, the
former president's allies immediately began defending him and repeatedly said
that he is facing a "two-tiered justice system" — a
claim CNN's chief legal analyst Laura Coates said is disingenuous.
"It's
an interesting talking point — I have been a prosecutor. I will
be the first to tell you, yes, when it comes to the justice system,
there's a divide between the haves and have-nots," Coates noted,
however; she went on to say that you can walk into any courthouse in America
and see that those with extraordinary means have a very different experience
than those who do not.
"The
conflation of this notion of this two-tiered justice system is only
applicable if your person is the one who is now going to be held to
account, is just not a fair or accurate assessment of it,"
Coates said.
She added,
"I think it's really disingenuous to have a talking point that
suggests that this is a continuation of what the rest of the nation's been
talking about" with regard to injustices within the justice system.
Coates
then acknowledged that despite the claim not aligning with the reality of what
most people face in the country, it is still a valuable talking point and
"it has legs."
3 hr 38
min ago 1336
Trump will
face his 3rd arrest in 4 months. Here's what we expect to unfold in the DC
courthouse today
From CNN's
Tierney Sneed, Holmes Lybrand, Hannah Rabinowitz and Katelyn Polantz
Former
President Donald Trump is set to have his initial appearance in federal court in
Washington, DC, after being indicted in special counsel Jack Smith’s
investigation into his efforts to overturn the 2020 presidential election
leading up to the January 6, 2021, attack on the US Capitol.
Trump is
flying to Washington before heading to US District Court for his 4 p.m. ET
appearance. He is expected to speak after the appearance, before he departs to
return to Bedminster, New Jersey.
The former
president is scheduled to appear before Magistrate Judge Moxila
Upadhyaya. Handling the case going forward will be federal District Judge Tanya Chutkan.
After
arriving at the courthouse, Trump is expected to be placed under arrest,
processed and likely arraigned in court. Because Trump has already been
processed in the federal system for his arrest in the Mar-a-Lago classified
documents case, his booking today is likely to be streamlined.
Trump is
expected to plead not guilty and to be released pending trial. He has been
charged with four counts:
·
Conspiracy to defraud the United
States
·
Conspiracy to obstruct an official
proceeding
·
Obstruction of and attempt to
obstruct an official proceeding
·
Conspiracy against rights
Law
enforcement officials are monitoring for potential threats, protests and online
chatter as well as coordinating with one another on security plans. DC’s
Metropolitan Police Department will be leading security in the district, while
US Secret Service oversees protection of the former president, and the US
Marshals Service runs security inside the courthouse.
This is
Trump's third arrest in four months. Smith charged Trump in
the classified documents probe in June, and a Manhattan grand jury charged the former president for
business fraud in March. Trump, who is running for president in 2024, pleaded
not guilty in both cases.
4 hr 40
min ago 1244
Fact
check: The indictment lays out 21 lies Trump made about the 2020 election
From CNN's
Daniel Dale
Special
counsel Jack Smith said Tuesday that
the January 6, 2021 attack on the US Capitol was “fueled by lies” told by
former President Donald Trump. The indictment of Trump on four new federal criminal charges, all
related to the former president’s effort to overturn his defeat in the 2020
election, lays out some of those lies. Here is an abbreviated list:
1. The
lie: Fraud changed the outcome of the 2020 election, that Trump “had actually
won,” and that the election was “stolen.” (Pages 1 and 40-41 of the
indictment)
Trump’s
claim of a stolen election whose winner was determined by massive fraud was
(and continues to be) his overarching lie about the election. The indictment
asserts that Trump knew as early as 2020 that his narrative was false – and had
been told as such by numerous senior officials in his administration and allies
outside the federal government – but persisted in deploying it anyway,
including on January 6 itself.
2. The
lie: Fake pro-Trump Electoral College electors in seven states were legitimate
electors. (Pages 5 and 26)
The
indictment alleges that Trump and his alleged co-conspirators “organized”
the phony slates of
electors and then “caused” the slates to be transmitted to Vice President Mike
Pence and other government officials to try to get them counted on January 6,
the day Congress met to count the electoral votes.
3. The
lie: The Justice Department had identified significant concerns that may have
affected the outcome of the election. (Pages 6 and 27)
Attorney
General William Barr and other top Justice Department officials had told Trump that
his claims of major fraud had proved to be untrue. But the indictment alleges
that Trump still sought to have the Justice Department “make knowingly false
claims of election fraud to officials in the targeted states through a formal
letter under the Acting Attorney General’s signature, thus giving the
Defendant’s lies the backing of the federal government and attempting to
improperly influence the targeted states to replace legitimate Biden electors with
the Defendant’s.”
4. The
lie: Pence had the power to reject Biden’s electoral votes. (Pages 6,
32-38)
Pence had
repeatedly and correctly told Trump that
he did not have the constitutional or legal right to send electoral votes back
to the states as Trump wanted. The indictment notes that Trump nonetheless
repeatedly declared that Pence could do so – first in private conversations and
White House meetings, then in tweets on January 5 and January 6, then in
Trump’s January 6 speech in Washington at a
rally before the riot – in which Trump, angry at Pence, allegedly inserted the
false claim into his prepared text even after advisors had managed to
temporarily get it removed.
4 hr 41
min ago 1343
While DC
courthouse hunkers down for Trump to arrive, judges are sentencing January 6
defendants
From CNN's
Hannah Rabinowitz and Casey Gannon
As the
federal court in Washington, DC, hunkered down for
Donald Trump’s expected appearance later
today, a sentencing hearing was underway this morning for a man charged in
connection with the January 6 insurrection.
District
Judge Randolph Moss addressed Trump’s appearance as he began the hearing for
Jeffrey Grace, a Proud Boy from
Washington state who pleaded guilty to illegally entering and remaining in the
US Capitol building with his son on January 6, 2021.
“Nothing
that is going on in the courthouse will have any bearings on what I decide
today,” Moss said. Later on, the judge sentenced Grace to 75 days behind bars.
Moss urged
lawyers for both the government and Grace not to rush through the proceeding in
an effort to leave the courthouse before Trump arrives.
“I
recognize that other things happening in the courthouse today are garnering
public attention,” Moss said to the attorneys, adding that Grace’s sentencing
is his “sole focus.”
There are
several additional proceedings for Capitol riot defendants scheduled to take
place in the courthouse Thursday, including a father and son from South
Carolina accused of breaching the Capitol and a Florida man who, according to
prosecutors, texted someone on January 6: “Loved every minute of it dude.”
While Judge
Amit Mehta did not say anything about the Trump-related court proceedings
at the courthouse during the sentencing of the Florida man, Richard Escalera,
he called the attack on the US Capitol a “dark day in the nation’s history.”
Mehta also
said there “continues to be concerns” to this day.
Mehta
sentenced Escalera to seven days of incarceration and two years of probation.
The judge
has presided over several January 6 cases, including several of the Oath
Keepers. During Thursday’s hearing, he said he has tried to stay
consistent among the sentences he has imposed.
4 hr 50
min ago 1334
What the
security presence is like outside the federal courthouse where Trump will be
arraigned today
Washington
Metropolitan Police talk as they patrol the area outside the E. Barrett
Prettyman US Federal Courthouse on Thursday. Julio Cortez/AP
A few
hours before former President Donald Trump's arraignment Thursday, the
federal courthouse in Washington, DC, is teeming with security measures but not
yet any large public gatherings.
Around 11
a.m. ET — about 5 hours before Trump is expected to arrive — the scene was not
as hectic outside the courthouse as before Trump's other proceedings in Florida
and New York, CNN's Shimon Prokupecz reports.
Few protesters,
either in favor or opposed to the former president, have materialized,
Prokupecz said. "By this point in all the other arraignments, we have seen
a fair number of people gather," he said.
Prokupecz
was reporting from the side of the courthouse where Trump is expected to arrive
around 4 p.m. ET. This is where security efforts are particularly concentrated.
Members of
the US Marshals Service, Secret Service agents, DC police and federal law
enforcement can be seen milling around the security barriers outside the
building. Snow plows are lined up outside the metal barriers as another
impediment to anyone potentially trying to cross the line, though it isn't
clear if they will ultimately be moved into a different position when the
former president's motorcade arrives.
Prokupecz
said security appears tighter than it was at Trump's Florida arraignment:
"They're not taking any chances."
Law
enforcement officials involved in the preparation for Trump’s court
appearance have told CNN they
are monitoring for potential threats, protests and online chatter – as well as
coordinating with one another on security plans for the former
president's hearing.
DC’s
Metropolitan Police Department will be leading security in the
district while US Secret Service oversees the protection of the former
president and the US Marshals Service runs security inside the
courthouse.