Federal prosecution of Donald Trump (election obstruction case) explained

United States v. Trump
Court:United States District Court for the District of Columbia
Full Name:United States of America v. Donald J. Trump
Judges:Tanya S. Chutkan (District Judge)
Docket:1:23-cr-00257-TSC
Italic Title:no

United States of America v. Donald J. Trump is a pending federal criminal case against Donald Trump, the president of the United States from 2017 to 2021, regarding his alleged participation in attempts to overturn the 2020 U.S. presidential election, including his involvement in the January6 Capitol attack.

Trump has pleaded not guilty for having attempted to overturn the results of the election through a plot in which pro-Trump slates of fake electors would be created. Trump pressured then-vice president Mike Pence to count the fake electors instead of the electors certified by state legislators. The Department of Justice opened an investigation in January 2022 into the plot, expanding it to encompass January6. In November 2022, Attorney General Merrick Garland appointed Jack Smith to lead a special counsel investigation encompassing the investigations into attempts to overturn the election and Trump's handling of government documents.

On August1, 2023, a grand jury indicted Trump in the District of Columbia U.S. District Court on four charges for his conduct following the 2020 presidential election through the January6 Capitol attack: conspiracy to defraud the United States under Title 18 of the United States Code, obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002, and conspiracy against rights under the Enforcement Act of 1870.[1] [2] [3] The indictment mentioned six unnamed co-conspirators. It is Trump's third indictment and the first indictment against a U.S. president concerning actions while in office.[4] Trump appeared at an arraignment on August3, where he pleaded not guilty.[5] The charge with the longest sentence carries a maximum of 20 years in prison.[6]

On February2, 2024, Judge Tanya Chutkan said she would not schedule a trial until the DC Circuit Court of Appeals decided whether Trump was immune from prosecution. After that court unanimously ruled that Trump was not immune,[7] Trump appealed to the U.S. Supreme Court,[8] [9] which ruled on July 1 that former presidents have "some immunity from criminal prosecution" for their "official acts" made during their presidency.[10]

Background

Accusations of electoral fraud and attempts to overturn the election

Throughout his 2016 presidential campaign, Trump repeatedly sowed doubt on the election certification process. Campaigning in Colorado, Trump claimed without evidence that the Democratic Party "[rigged] the election at polling booths". In October 2016, Trump claimed through a series of tweets that widespread voter fraud would occur in the 2016 presidential election. These statements were echoed by Rudy Giuliani, Trump's legal advisor.[11] Trump continued expressing these sentiments into the 2020 presidential election; for months, he prepared arguments in the event of his loss, primarily relating to mail-in ballots.[12] As early as August 2020, he enlisted conservative activist and lawyer Cleta Mitchell to help overturn the election.[13] The Department of Homeland Security warned that Russia was amplifying claims of fraud occurring in mail-in voting to intentionally sow distrust in the voting process as a whole.[14] Two days before Election Day, Trump told reporters that he would be "going in with [his] lawyers" as soon as the election was over.[15]

Bolstered by pro-Trump pundits and perceived strong turnouts at rallies, the Trump campaign was confident that they were going to win the election. On Election Day, preliminary surveys at polling places showed Trump in the lead as his supporters were more likely to turn out in person amid the COVID-19 pandemic, but his lead diminished as mail-in ballots were counted. Following Trump's final campaign event in Grand Rapids, Michigan, Trump's son Eric wagered that he would win at least 322 electoral votes.[16] At the behest of Giuliani, Trump declared in a 2 a.m. election night speech in the East Room that he had won the election and that the counts being reported were fraudulent. As ballots were being counted, campaign data expert Matt Oczkowski bluntly informed Trump that he was going to lose the election. White House Counsel Pat Cipollone told him that invalidating the results of the election would be a "murder-suicide pact".[17] Under then-attorney general William Barr, the Department of Justice failed to find widespread voter fraud in the election.[18] Former speaker of the House Newt Gingrich predicted that Trump voters would erupt in "rage",[19] a sentiment shared by House Republican leader Kevin McCarthy, who told Laura Ingraham on The Ingraham Angle that Republicans should not "be silent about this".[20]

Trump and several co-conspirators repeatedly sought to overturn the results of the election. The Department of Justice investigation into these attempts focused on the implementation of the Trump fake electors plot, in which Trump and his allies would draft allegedly fraudulent certificates of ascertainment affirming Trump as the winner. The effort to write these documents and persuade Republican officials to sign them was performed by Trump's lawyers, including Giuliani and John Eastman, who claimed that irregularities in the election had occurred and proposed that an "alternate" slate of electors should be established while they gathered evidence. Although dozens of these electors were installed and affirmed Trump as the winner, the seven state legislatures targeted in the plot—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin—certified Biden's victory, although Pennsylvania and New Mexico agreed to consider Trump the winner if he succeeded in the many lawsuits challenging the election. The scheme involved sending the fake electoral slates to vice president Mike Pence, pressuring him to count the fake votes. Alternatively, Trump allies posited that Pence could consider the election "defective" under the Electoral Count Act and allow the House of Representatives to decide the outcome.[21]

During the two months following the election, Trump made multiple phone calls to Republican officials in states that had narrowly been won by Biden, asking them to reverse the results and give the victory to him. One such call was to Georgia secretary of state Brad Raffensperger, asking him to "find 11,780 votes". Raffensperger recorded the call and subsequently released it to the public.[22] Both Trump and Giuliani called Rusty Bowers, the speaker of the Arizona House of Representatives, asking him to look into claims of fraud, but he declined to do so without evidence. John Eastman also called Bowers on January 4 asking him to undo the state's certification of Biden's win, but he refused.[23] Trump and his attorneys, as well as Republican members of Congress, also called or met with state officials in Michigan and Pennsylvania, urging them to report that Trump had actually won their states.[24]

January 6 Capitol attack and investigations

See main article: January 6 United States Capitol attack.

See also: Criminal proceedings in the January 6 United States Capitol attack. On December 19, 2020, six weeks following his election loss, Trump urged his followers on Twitter to protest in Washington, D.C., on January 6, the day Congress was set to certify the results of the election, writing, "Be there, will be wild!" Over the course of the following weeks, Trump would repeat the January 6 date. Militant organizations such as the Proud Boys and groups affiliated with the conspiracy theory QAnon formulated logistical plans to gather at the United States Capitol. The Red-State Secession Facebook page encouraged its followers to post the addresses of its "enemies". Trump continued to repeat false claims about the election in multiple states leading up to January 6, including Georgia, Pennsylvania, Michigan, Nevada, and Arizona. On the morning of January 6, Trump gave a speech in the Ellipse, an elliptical park near the White House, and encouraged his followers to walk down to Pennsylvania Avenue to incite within Republicans lawmakers the "kind of pride and boldness that they need to take back our country". Provoked by Trump, the mob of Trump supporters stormed the Capitol.[25]

The January 6 Capitol attack resulted in hundreds of criminal proceedings.[26] The House of Representatives voted to impeach Trump for a second time on January 13.[27] He was acquitted by the Senate on February 13.[28] The House of Representatives voted to create a select committee to investigate the attack in June 2021.[29] Ahead of its final report, the committee voted to accuse Trump of the four charges.[30] and referred him to the Department of Justice.[31] Two of the four charges brought by the Select Committee were brought against him in the indictment, with the charges of "inciting or assisting those in an insurrection" (18 U.S.C. § 2383) notably not in the indictment nor "Conspiracy to Make a False Statement" (18 U.S.C. §§ 371, 1001). In a CNN interview in January 2022, deputy attorney general Lisa Monaco stated that the Department of Justice would investigate the Trump fake electors plot.[32] By March 2022, the Department of Justice had opened an investigation into the events of January 6 and Trump's attempts to overturn the election.[33] The Department of Justice began obtaining White House phone records in April in connection with the January 6 investigation,[34] and a federal grand jury issued subpoenas to Trump's lawyers in connection with the fake electors plot in May.[35] The Washington Post reported in July that the Department of Justice was investigating Trump's actions on January 6.[36]

The January 6 investigation was overseen by Thomas Windom, an obscure federal prosecutor.[37] On November 18, 2022, attorney general Merrick Garland appointed Jack Smith to serve as special counsel for the January 6 investigation and the FBI investigation into Donald Trump's handling of government documents.[38] Smith intensified both investigations ahead of increased efforts by Trump to focus on his 2024 presidential campaign.[39] In June 2023, Trump was indicted in connection with the classified documents investigation.[40] Leading up to Trump's indictment in the January 6 investigation, prosecutors continued investigating several strands, including through hundreds of documents provided by former New York Police Department commissioner Bernard Kerik.[41] On July 18, Trump was given a target letter.[42] The following week, his lawyers met with prosecutors, signaling the investigation was nearly complete.[43]

Indictment and arraignment

The indictment was unsealed on August 1, 2023. A grand jury in the U.S. District Court for the District of Columbia indicted Trump on four charges: conspiracy to defraud the United States, obstructing an official proceeding, conspiring to do so, and conspiracy against rights.[44] [45] D.C. district judge Tanya S. Chutkan was randomly assigned to hear the case.[46]

According to the indictment, on December8, 2020, a senior campaign advisor admitted that "our research and campaign legal team can't back up any of the claims... It's tough to own any of this when it's all just conspiracy shit beamed down from the mothership." On January 1, Trump learned that Mike Pence did not believe the vice president could reject electoral votes. Trump called Pence and told him, "You're too honest." On January3, it is alleged that White House deputy counsel Patrick F. Philbin privately said that if Trump held onto power, there would be "riots in every major city in the United States", to which "Co-conspirator No.4" (likely Jeffrey Clark) replied "That's why there's an Insurrection Act", implying that Trump could command the military to keep himself in power.[47] The indictment also described a previously unreported discussion between Trump and White House Counsel Pat Cipollone, in which Cipollone advised Trump, hours after the Capitol riot started, to drop his objections to the election. Trump refused.[44]

Trump appeared before magistrate judge Moxila A. Upadhyaya at the E. Barrett Prettyman United States Courthouse in Washington, D.C., on August3. Smith was present at the arraignment,[48] as were Trump lawyer Evan Corcoran and chief judge James Boasberg.[49] In the courtroom, Trump was joined by lawyers Todd Blanche and John Lauro; prosecutors Thomas Windom and Molly Gaston were joined by a special agent from the Federal Bureau of Investigation. Trump pleaded not guilty to each count, and prosecutors confirmed they would not seek pre-trial detention.

Co-conspirators

The indictment references six co-conspirators. Although they were not named in the indictment, news agencies reported their likely identities based on public information. The indictment does not charge them.[50]

Pretrial proceedings

Initial timetable

In August 2023, Chutkan set trial for March 4, 2024.[59] This was close to federal prosecutors' proposal of January 2, 2024, whereas Trump's team had suggested April 2026.[60]

Originally, all pre-trial motions were due by October 9. On September 28, Trump's attorneys requested a 60-day extension.[61] [62] On October 6, Chutkan extended the filing deadline for motions to dismiss and other dispositive motions (except motions in limine and motions to suppress) until October 23.[63]

On December 7, Trump asked the DC Circuit Court of Appeals to decide whether he is immune from prosecution. Chutkan paused deadlines in the case.[64] On February 2, 2024, Chutkan issued an order acknowledging that the trial would have to be postponed. (Over the previous week, she had already scheduled other trials for March and April.) She said she would not set a new date for Trump's trial until the question of presidential immunity was resolved.[65] On February 6, the appeals court ruled that Trump was not immune. Trump then appealed to the Supreme Court,[66] which scheduled oral arguments for April 25 and did not rule until the end of the court's term on July 1.[67]

On October 10, prosecutors recommended that the screening of potential jurors begin in early February. Acknowledging that this process will involve revealing jurors' identities to the legal teams, prosecutors recommended prohibiting attorneys from "friending" or "following" the social media accounts of potential jurors.[68] On November 2, Chutkan ruled that jury selection would begin on February 9 and ordered that the parties not share any jury pool research with any other legal entity (such as Trump's presidential campaign) or publicly disclose the identities of prospective jurors.[69] [70]

As the Supreme Court granted Trump presumptive immunity for official acts during his presidency,[71] Chutkan must now determine which of the original allegations against him are still valid.

Protective orders and security measures

On August 4 and 5, the special counsel filed motions asking the court to restrict Trump from making public statements about the case and to impose a protective order on Trump and his attorneys to prevent them from revealing evidence (as they noted Trump has done in other cases). In particular, they cited social media posts on August 4 and 5 in which Trump threatened to retaliate against anyone who "comes after" him and called Pence "delusional". The Trump campaign characterized this as political speech that should be allowable.[72] [73] When Chutkan would not grant the Trump team's request for an extra three days to respond, Trump attacked her on social media, demanding that she be removed from the case and that the case be moved out of the District of Columbia.[74] On August 7, Trump's attorneys requested a less restrictive order that would "shield only genuinely sensitive materials from public view", to which prosecutors replied that Trump sought "to try this case in the media rather than in the courtroom".[75] Chutkan scheduled a hearing for August 11.[76]

On August 8, Trump insisted he would continue to speak publicly about the case.[77] On August 10, Chutkan was spotted with the protection of U.S. Marshals, revealing an apparently increased level of security.[78] A Texas woman was charged the next week with leaving Chutkan a voicemail with racial and gender slurs in which she threatened: "Hey you stupid slave nigger... If Trump doesn't get elected in 2024, we are coming to kill you, so tread lightly, bitch... You will be targeted personally, publicly, your family, all of it."[79] [80] At the August 11 hearing, Chutkan issued a less broad protective order than what was sought by prosecutors, who wanted to lock down all evidence turned over in discovery. The protective order allowed Trump to access certain non-sensitive information. She admonished Trump's attorneys that inflammatory public remarks by the former president would cause her to take measures to expedite the trial and prevent potential witness tampering and jury pool tainting. She emphasized that Trump's status as a criminal defendant had priority over his free speech as a political candidate.[81] [82] [83]

Chutkan ruled Trump could review materials alone, but only if his attorneys ensured he did not have any device that could copy them. A prosecutor told the court that once the protective order was in place, the special counsel expected to provide the defense about 11.6 million pages or files of materials by the end of August.[84] Court documents released on September 15 showed the special counsel previously asked Judge Chutkan in sealed briefs to impose a "narrowly tailored" gag order on Trump, asserting that since his indictment he "has spread disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the court, prosecutors and prospective witnesses."[85] Smith filed another brief on September 29 regarding more recent derogatory remarks Trump had made about Brad Raffensperger, William Barr, and former Chairman of the Joint Chiefs of Staff Mark Milley, all of whom were identified as witnesses in the Trump indictment. Trump had on September 22 suggested that Milley should be executed for treason. The brief asserted, "No other criminal defendant would be permitted to issue public statements insinuating that a known witness in his case should be executed. This defendant should not be, either."[86] [87]

On October 16, following a hearing, Chutkan granted a limited gag order.[88] [89] [90] The gag order prohibits all parties from making public statements targeting Jack Smith or his staff, the defense counsel or their staff, the judge or court personnel, and any potential witnesses or the substance of witness testimony with smears, intimidation, or harassment.[91] [92] [93] The gag order does not prohibit Trump from making statements criticizing the Biden administration, the Justice Department, the District of Columbia, other presidential candidates and their political platforms, and the conduct of the trial as being unfair or politically motivated. Trump's attorneys filed an appeal of the gag order the next day that claimed that the order violated the Freedom of Speech Clause of the 1st Amendment,[94] [95] and Chutkan issued a stay of the order on October 20.[96] [97] [98] On October 25, the prosecution filed a reply to the stay order that urged that the gag order be reinstated.[99] [100] On the same day, the American Civil Liberties Union filed an amicus brief against the gag order that argued that it violated the 1st Amendment.[101]

Chutkan granted the prosecution's request on October 29, stating in her ruling that "First Amendment rights of participants in criminal proceedings ... yield, when necessary, to the orderly administration of justice—a principle reflected in Supreme Court precedent", and citing Gentile v. State Bar of Nevada (1991), that "contrary to Defendant's argument, the right to a fair trial is not his alone, but belongs also to the government and the public."[102] [103]

On November 2, Trump's attorneys appealed Chutkan's reinstatement of the gag order, asking the U.S. District of Columbia Circuit Court of Appeals to stay the gag order during the appeal.[104] [105] The next day, the court granted the pause and scheduled a hearing.[106] On November 14, the prosecution's filing urged that the gag order be upheld.[107] At the November 20 hearing, a three-judge panel (with Brad Garcia, Patricia Millett, and Cornelia Pillard presiding) suggested that it might limit the scope of the gag order. It noted Supreme Court precedent suggesting that, in balancing the rights to freedom of speech and a fair trial, protecting the integrity of criminal procedure outweighs free speech rights.[108] [109] [110] On November 23, the prosecution's filing urged reinstatement of the gag order, citing a document that compiled hundreds of voicemails containing threats and harassment of presiding New York State Unified Court System Judge Arthur Engoron in the New York civil investigation of The Trump Organization;[111] the next day, the defense replied, claiming that the evidence the prosecution cited was irrelevant.[112]

On December 8, the three-judge panel on the appeals court mostly upheld the gag order. The court ruled that Trump cannot speak about prosecutors, court staff or their families. However, Trump may speak about witnesses as long as he doesn't speak specifically about their participation in the court case. He's also free to speak about special counsel Jack Smith, President Joe Biden, and the Justice Department, and he's allowed to say that the charges are "politically motivated".[113] On December 18, Trump asked the court to reconsider its decision;[114] on January 23, the full 11-member court said it would not.[115] (Trump may still appeal to the U.S. Supreme Court, as previously indicated.)

On January 7, 2024, Chutkan's home was swatted (i.e., someone called in a false report of a violent crime to prompt a police response).[116]

Other pre-trial motions

On September 11, Trump asked Chutkan to recuse herself accusing her of "prejudging the facts pertinent to the case and his culpability".[117] On September 17, he repeated the request.[118] Chutkan denied the request ten days later.[119]

Also on October 5, a consortium of media organizations filed a request with Chutkan to allow live broadcasting of the trial's proceedings.[120]

In an October 10 court filing, prosecutors said that Trump and his legal team had "repeatedly and publicly announced" that they would employ an "advice of counsel" defense, i.e., shifting blame to certain lawyers for advising Trump wrongly. Prosecutors asked Chutkan to order Trump to disclose by December 18 whether he intended to use this defense. This defense would require Trump to reveal communications and evidence related to his current and former attorneys, and he would thereby forfeit his assertions of attorney-client privilege. Prosecutors noted in the motion that at least 25 witnesses had asserted attorney-client privilege during the course of their investigation.[121]

On October 11, Trump's attorneys filed a motion for discovery based on claims made by U.S. Representative Barry Loudermilk that the House January 6 Committee did not turn over all of its evidence while the committee was under investigation by the House Administration Oversight Subcommittee.[122] The motion requested subpoenas be issued to Bennie Thompson (who chaired the January 6 House committee), Loudermilk, the House Administration Oversight Subcommittee, the Clerk of the House of Representatives, the Archivist of the United States, and White House and Department of Homeland Security attorneys.[123]

On October 23, Trump's attorneys filed three motions to dismiss the indictment on the grounds that it violates the Freedom of Speech Clause, violates the Double Jeopardy Clause and the Due Process Clause of the 5th Amendment (with the former being cited due to Trump's acquittal in his second impeachment trial), that the indictment fails to state an offense, and that the indictment is a selective prosecution, as well as a motion to strike the allegations related to the January 6 Capitol attack as prejudicial and inflammatory.[124] [125] On November 3, the prosecution filed a reply to the October 5 media consortium request urging that Chutkan reject it in accordance with Rule 53 of the Federal Rules of Criminal Procedure.[126] [127] [128] On November 6, the prosecution filed a reply to the October 23 motions to dismiss arguing that they were without merit.[129] [130] On November 10, Trump's attorneys filed a reply in support of the October 5 media consortium request,[131] [132] to which the prosecution replied in opposition on November 13.[133] [134] On November 17, Chutkan ruled that the defense had failed to demonstrate that the language in the indictment was prejudicial or inflammatory in rejection of the October 23 motion to strike.[135] [136] On November 27, Chutkan rejected the October 11 motion for discovery filed by Trump's attorneys.[137] [138]

On November 28, Trump's attorneys submitted a motion to compel discovery in two separate filings with 59 separate requests for evidence from the prosecution related to vote fraud in the election, actual or attempted foreign interference with election infrastructure during the election, political bias in U.S. Intelligence Community assessments of foreign interference, the existence of any potential undercover government operatives or informants at the January 6 Capitol attack, and communications or coordination between the Justice Department with the Biden administration or Biden family (including Hunter Biden).[139] [140] [141] [142]

On December 27, the special counsel asked the court to prohibit Trump from presenting "irrelevant disinformation", such as Trump's accusations that the mayor of Washington, D.C., the National Guard, and the Capitol Police failed to prevent the attack. Smith argued: "A bank robber cannot defend himself by blaming the bank's security guard for failing to stop him."[143]

After the case was returned to Chutkan following resolution of his immunity argument, she asked all parties to propose schedules for further pretrial proceedings by August 9, 2024,[144] and she set an August 16 hearing to determine how to proceed with the case.[145] She also denied an October motion by Trump to dismiss the case on statutory grounds.[146]

Immunity dispute

Appeals

See main article: Trump v. United States (2024). On October 5, 2023, Trump's attorneys filed a motion to dismiss the indictment, cited presidential immunity under Nixon v. Fitzgerald.[147] [148] On December 1, Chutkan rejected the October 5 motion to dismiss under presidential immunity and the October 23 motion to dismiss under the Freedom of Speech Clause, the Double Jeopardy Clause, and the Due Process Clause.[149] [150]

On December 7, Trump filed notice that he planned to appeal Chutkan's ruling.[151] On December 13, Chutkan paused all deadlines in the case, including the upcoming trial itself, so the immunity dispute could be resolved first. The gag order remained in effect.[152] After Chutkan stayed the case, prosecutors provided public notice that they would file discovery material, although they no longer had an immediate deadline to do so.[153] On January 4, 2024, Trump's team asked Chutkan to reject these filings and hold prosecutors in contempt.[154] Prosecutors replied the next day saying that Trump hadn't been burdened by "the mere receipt" of documents ahead of deadline, especially as he had no deadline to reply to it.

On January 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in the immunity dispute. Trump attended the hearing in person.[155] In response to a hypothetical question posed by Judge Pan about whether a U.S. president could order SEAL Team Six to assassinate a political rival, Sauer argued that unless the President were subsequently impeached and convicted for said unlawful order, the President could not be criminally prosecuted.[156] On February 6, the Circuit Court of Appeals panel unanimously affirmed the District Court ruling, concluding that Trump's alleged actions "lacked any lawful discretionary authority ... and he is answerable in court for his conduct" because "former President Trump has become citizen Trump ... [and] any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."[157] [158] The panel held further that former Presidents have no immunity for "allegedly violat[ing] generally applicable criminal laws" while in office, and specifically "to commit crimes that would neutralize the most fundamental check on executive power -- the recognition and implementation of election results".

On February 12, Trump's attorneys filed a motion requesting that the Supreme Court block the appeals court ruling. On February 28, the Supreme Court granted a writ of certiorari for Trump's appeal.[159] [160] The Supreme Court heard oral arguments on April 25.[161] [162] On July 1, the Supreme Court ruled that, regarding a president's behavior during their presidency, former presidents have "some immunity from criminal prosecution" for their "official acts" but have "no immunity" for their "unofficial acts".

Hearing

The Supreme Court decision directed Chutkan to apply the former's ruling to determine what parts of the indictment may proceed,[163] specifically to determine whether each act was official or private conduct; whether or not the official acts are part of core constitutional duties; and whether prosecuting the non-core official acts would have any "dangers of intrusion on the authority and functions of the Executive." Under Supreme Court rules, the prosecutors were given one month to ask the justices to reconsider their ruling, with the case returning to Chutkan on August 2.[164] [165] Smith could have petitioned to shorten this period, but chose not to.[166]

Chutkan ordered the parties to submit a joint status report by August 9. The special counsel requested a deadline extension to August 30; Trump did not object.[167] The hearing for which the report is needed was postponed to September 5.[168]

Potential witnesses and evidence

Prosecution

On October 24, ABC News and The Guardian reported that anonymous sources have stated that Trump administration White House Chief of Staff Mark Meadows has received legal immunity from Jack Smith in exchange for testimony under oath and has testified before the grand jury.[169] [170] The next day, CBS News reported that anonymous sources have stated that Meadows is cooperating with prosecutors and has testified before the grand jury but did not state that Meadows has received legal immunity, while Meadows' attorney stated to CBS News that the ABC News report was "largely inaccurate".[171] In their October 25 reply to the gag order stay ruling, the prosecution did not address the veracity of the ABC News report and referred to Trump's October 24 Truth Social post about the news report as "an unmistakable and threatening message to a foreseeable witness in this case".

On December 5, 2023, the government alleged in a court filing that Trump had "sent" his supporters to the Capitol. The government said it would submit evidence to demonstrate Trump's "post-conspiracy embrace of particularly violent and notorious rioters", indicating his "motive and intent".[172] [173]

In a December 5 court filing, Smith prosecutors asserted they had evidence in election day text messages between a Trump campaign employee, who is an unindicted co-conspirator in the case, and a campaign attorney in Detroit. Prosecutors asserted that Trump and his co-conspirators knew Biden was taking the lead in Michigan results and sought to subvert them, with the campaign employee encouraging "rioting and other methods of obstruction". Prosecutors alleged that at the time of the text messages, "a large number of untrained individuals flooded the Detroit [ballot counting facility] and began making illegitimate and aggressive challenges to the vote count."[174]

On December 11, the special counsel filed a brief indicating he would present an expert witness at trial who had extracted and examined data from Trump's phone from the weeks while he attempted to subvert the election. The data had been obtained from Twitter under a January 2023 search warrant.[175] [176]

Defense

During "full Ginsburg" interviews on August 7, 2023, new Trump attorney John Lauro asserted "a technical violation of the Constitution is not a violation of criminal law", so it was "just plain wrong" that Trump had pressured Pence to violate the law. Pence had said four days earlier that Trump and his advisers had pressured him "essentially to overturn the election".[177] [178]

In two court filings in late November 2023, Trump's lawyers presented possible defenses. They blamed foreign governments, arguing that "President Trump and others acted in good faith" based on falsehoods in "covert foreign disinformation campaigns relating to the 2020 election". They asked the court to consider the U.S. attorney's office in Washington, D.C., as well as other agencies, as part of the prosecution team. (Doing so would slow down the case by requiring those agencies to submit information to the court and portray the indictment as politically motivated.) Trump's team further complained that some witnesses for the prosecution may have anti-Trump "political bias".[179]

Reactions

Defendant

The Trump campaign responded to the indictment with a press release, accusing President Joe Biden of political persecution and claiming that it was election interference.[180] The Trump campaign issued a statement calling the indictment "reminiscent of Nazi Germany".

Republicans in support of the indictment

Republicans opposed to the indictment

Democrats in support of the indictment

See also

References

Works cited

External links

Notes and References

  1. News: Trump indicted for efforts to undermine the 2020 election. August 1, 2023. PBS NewsHour. WETA. . August 1, 2023.
  2. News: Grabenstein . Hannah . Serino . Kenichi . August 1, 2023 . Read the full indictment against Trump for his alleged efforts to overturn the 2020 election . PBS NewsHour . WETA . August 1, 2023.
  3. Berris . Peter G. . August 3, 2023 . Overview of the Indictment of Former President Trump Related to the 2020 Election . . August 23, 2023.
  4. Web site: Trump's first two indictments could mean prison. His third could change the presidency . . August 1, 2023 . August 2, 2023 . Wilner . Michael . August 5, 2023 . https://web.archive.org/web/20230805061854/https://www.miamiherald.com/news/politics-government/article277831393.html . live.
  5. News: Kunzelman . Michael . Tucker . Eric . Merchant . Nomaan . August 3, 2023. Trump pleads not guilty to federal felonies related to the 2020 election . PBS NewsHour . WETA . August 4, 2023.
  6. News: Lynch . Sarah N. . Thomsen . Jacqueline . Goudsward . Andrew . Lynch . Sarah N. . Thomsen . Jacqueline . August 2, 2023 . Trump faces federal charges for efforts to overturn 2020 election . en . Reuters . August 14, 2023 . August 11, 2023 . https://web.archive.org/web/20230811115950/https://www.reuters.com/legal/trump-charged-us-special-counsel-probe-efforts-overturn-2020-election-2023-08-01/ . live .
  7. News: Tucker. Eric. Richer. Alanna Durkin. February 6, 2024. Trump is not immune from prosecution in his 2020 election interference case, US appeals court says. Associated Press. February 6, 2024.
  8. News: Highlights from Supreme Court hearing on Trump immunity case. Associated Press. April 25, 2024. April 25, 2024.
  9. Web site: Mitchell . Taiyler S. . 2024-03-06 . Supreme Court Sets Date For Trump Immunity Oral Arguments . 2024-03-07 . HuffPost . en.
  10. Web site: Fritze . John . 2024-07-01 . Supreme Court rules Trump has limited immunity in January 6 case, jeopardizing trial before election . 2024-07-01 . CNN . en. https://web.archive.org/web/20240703073624/https://edition.cnn.com/2024/07/01/politics/supreme-court-donald-trump-immunity/index.html . July 3, 2024.
  11. Web site: US election 2016: Trump says election 'rigged at polling places' . October 17, 2016 . . February 16, 2023 . June 18, 2021 . https://web.archive.org/web/20210618095922/https://www.bbc.com/news/election-us-2016-37673797 . live .
  12. Web site: The Attack on Voting in the 2020 Elections . September 30, 2020 . Rutenberg . Jim . . July 18, 2023 . November 16, 2020 . https://web.archive.org/web/20201116050743/https://www.nytimes.com/2020/09/30/magazine/trump-voter-fraud.html . live .
  13. Web site: How a lawyer who aided Trump's 2020 subversion efforts was named to a federal election advisory board . November 18, 2021 . Herb . Jeremy . Gallagher . Dianne . . July 18, 2023 . August 1, 2023 . https://web.archive.org/web/20230801235213/https://www.cnn.com/2021/11/18/politics/cleta-mitchell-election-assistance-commission-advisor/index.html . live .
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  105. News: Richer. Alanna Durkin. November 2, 2023. Trump asks appeals court to lift gag order imposed on him in 2020 election interference case. Associated Press News. November 2, 2023.
  106. News: Cole . Devan . Polantz . Katelyn . November 3, 2023 . Appeals court freezes gag order against Trump in federal election subversion case, will hear oral arguments this month . November 3, 2023 . CNN . en.
  107. News: Cole. Devan. November 14, 2023. Federal prosecutors want Trump gag order upheld, pointing to attacks on special counsel's family. CNN. November 14, 2023.
  108. News: Breuninger . Kevin . Mangan . Dan . November 20, 2023 . Trump gag order challenge sharply questioned by appeals court . . November 20, 2023.
  109. News: Legare . Robert . Kaufman . Katrina . Ali . Musa . November 20, 2023 . Appeals court grapples with Trump gag order in special counsel's election interference case . . November 20, 2023.
  110. News: Feuer . Alan . Savage . Charlie . November 20, 2023. Court Signals It Could Keep but Narrow Trump Election Case Gag Order . The New York Times . November 20, 2023.
  111. Palmer . Ewan . November 24, 2023 . Donald Trump Stung by Court Filing on Thanksgiving . Newsweek . November 27, 2023.
  112. Palmer . Ewan . November 25, 2023 . Donald Trump's Latest Legal Filing 'Tired and Laughable'—Attorney . Newsweek . November 27, 2023.
  113. Web site: Reid . Katelyn . Polantz . Holmes . Lybrand . Paula . 2023-12-08 . Appeals court maintains most of Trump gag order in federal election subversion case . 2023-12-09 . CNN . en.
  114. Web site: Cole . Devan . 2023-12-18 . Trump asks federal appeals court to reconsider its decision largely upholding gag order . 2023-12-19 . CNN Politics . en.
  115. Web site: Cheney . Kyle . 2024-01-23 . Appeals court shoots down Trump's bid to sideline his DC gag order . 2024-01-24 . . en.
  116. Web site: Mitchell . Taiyler S. . 2024-01-09 . Judge In Trump's Election Interference Case Reportedly Targeted With 'Swatting' Call . 2024-01-09 . HuffPost . en.
  117. Web site: Sneed . Tierney . 2023-09-11 . Trump asks Judge Tanya Chutkan to recuse herself from federal 2020 election subversion case . 2023-09-12 . CNN . en.
  118. Web site: Vlachou . Marita . 2023-09-18 . Trump Once Again Calls On Judge Chutkan To Recuse Herself From His Jan. 6 Case . 2023-09-18 . HuffPost . en.
  119. News: Judge Tanya Chutkan rejects Trump's demand that she recuse herself from federal 2020 election subversion case . CNN . 2 November 2023 . September 27, 2023 . Hannah . Rabinowitz . Holmes . Lybrand.
  120. News: Cole . Devan . October 5, 2023 . Media outlets ask judge for permission to broadcast Trump's federal election subversion trial next year . . November 14, 2023.
  121. News: Feuer . Alan . Prosecutors Ask if Trump Will Blame His Lawyers as Defense in Election Case . The New York Times . October 10, 2023 . 2 November 2023 .
  122. Web site: Shabad . Rebecca . Talbot . Haley . Nobles . Ryan . 2023-03-09 . Republicans launch an investigation into the Jan. 6 committee . 2023-08-26 . NBC News . en.
  123. Web site: Beitsch . Rebecca . 2023-10-11 . Trump asks judge to OK subpoenas for Jan. 6 committee documents . 2023-10-12 . The Hill . en-US.
  124. News: MacFarlane . Scott . Quinn. Melissa . October 24, 2023 . Trump lawyers mount new challenges to federal 2020 elections case . CBS News . October 26, 2023.
  125. News: Hsu. Spencer S. . Stein . Perry . October 24, 2023. Trump files new challenges to federal election obstruction case in D.C. . The Washington Post. October 26, 2023.
  126. News: Suter . Tara . November 4, 2023 . Jack Smith pushes court to disallow cameras in Trump election interference trial . The Hill . Nexstar Media Group . November 14, 2023.
  127. News: Hsu . Spencer S. . Jackman . Tom . November 4, 2023 . Trump and media want a televised trial in D.C. The Justice Dept. doesn't. . The Washington Post . November 14, 2023.
  128. [Federal Rules of Criminal Procedure]
  129. News: Legare . Robert . MacFarlane . Scott . November 6, 2023. Special counsel says Trump's attempts to dismiss federal election case 'are meritless' . CBS News . November 14, 2023.
  130. News: Lybrand . Holmes . Rabinowitz . Hannah . November 6, 2023 . Special counsel urges judge in federal election interference case to reject Trump's dismissal attempts . CNN . November 14, 2023.
  131. News: Gerstein . Josh . November 11, 2023 . 'Travesty in darkness': Trump backs drive to televise his D.C. election subversion trial . . Axel Springer SE . November 14, 2023.
  132. News: Polantz . Katelyn . November 12, 2023 . Trump's legal team asks for federal election subversion trial to be televised . CNN . November 14, 2023.
  133. News: Polantz . Katelyn . November 13, 2023. Special counsel says Trump wants Jan. 6 trial to be a 'media event' as it argues against live court TV . CNN . November 14, 2023.
  134. News: Feuer . Alan . November 13, 2023 . Federal Prosecutors Object to Trump Request for Broadcast of Election Trial . The New York Times . November 14, 2023.
  135. News: Mangan . Dan . November 17, 2023. Judge denies Trump bid to cut Jan. 6 riot language from D.C. election indictment . CNBC . November 20, 2023 .
  136. News: Feuer . Alan . November 17, 2023 . Judge Rejects Trump Motion to Strike Jan. 6 Mentions From Federal Election Case . The New York Times . November 20, 2023.
  137. News: Mangan . Dan . November 27, 2023 . Trump loses bid for Jan. 6 subpoenas in election case . CNBC . November 27, 2023.
  138. News: Lybrand . Holmes . November 27, 2023 . Judge rejects Trump's House January 6 committee subpoena request, calling it a 'fishing expedition' . CNN . November 28, 2023.
  139. News: Tucker . Eric . November 28, 2023. In new challenge to indictment, Trump's lawyers argue he had good basis to question election results . Associated Press . November 29, 2023.
  140. News: Reilly . Ryan J. . November 28, 2023. Trump wants to use Jan. 6 rioter cases to fight the special counsel's case against him . NBC News . November 29, 2023.
  141. News: Hsu . Spencer S. . Weiner . Rachel . November 28, 2023. In D.C. 2020 election case, Trump demands information on U.S. government . The Washington Post . November 29, 2023.
  142. News: Feuer . Alan . November 28, 2023 . Trump Seeks to Use Trial to Challenge Findings That 2020 Election Was Fair . The New York Times . November 29, 2023.
  143. Web site: Lavender . Paige . 2023-12-27 . Jack Smith Aims To Exclude 'Baseless' Trump Claims From Jan. 6 Trial . 2023-12-28 . HuffPost . en.
  144. Web site: Judge sets Trump 2020 election subversion case pretrial meeting for Aug 16 . August 3, 2024 . . August 3, 2024.
  145. Web site: Rabinowitz . Hannah . August 3, 2024 . Hearing on how to proceed with election interference case against Trump set for August 16 . August 3, 2024 . CNN.
  146. Web site: Judge sets Aug. 16 hearing in Trump’s federal election interference case . Katherine . Faulders . . August 3, 2024 . August 3, 2024.
  147. News: Gibson . Ginger . Reilly . Ryan J. . Barnes . Daniel . October 5, 2023 . Efforts to overturn the 2020 election were part of Trump's 'official duties,' his lawyers argue . October 9, 2023 . NBC News.
  148. News: Gurman . Sadie . Barber . C. Ryan . October 5, 2023 . Trump Seeks to Have Federal Election-Interference Case Dismissed . October 5, 2023 . . News Corp.
  149. News: Barnes . Daniel . Richards . Zoë . December 1, 2023 . Judge denies two of Trump's motions to dismiss his federal election interference case . December 3, 2023 . NBC News.
  150. News: Legare . Robert . December 1, 2023 . Judge rejects Trump's motion to dismiss 2020 federal election interference case . December 3, 2023 . CBS News.
  151. News: December 7, 2023 . Trump appeals Jan. 6 immunity ruling, launching process that may delay trial . December 11, 2023 . Washington Post.
  152. Web site: Tucker . Eric . Richer . Alanna Durkin . 2023-12-13 . Trump Election Case Court Deadlines Paused As He Pursues Presidential Immunity Claims . 2023-12-13 . HuffPost . en.
  153. Web site: Reilly . Ryan J. . Lebowitz . Megan . 2024-01-06 . Jack Smith responds to Trump legal team arguing for special counsel to be held in contempt . 2024-01-06 . NBC News . en.
  154. Web site: Lybrand . Holmes . 2024-01-04 . Trump wants judge in January 6 case to hold special counsel Jack Smith in contempt . 2024-01-04 . CNN . en.
  155. News: Barrett . Devlin . January 9, 2024 . Stone-faced Trump listens to judges weigh his fate . January 9, 2024 . Washington Post.
  156. Web site: Breuninger . Kevin . Mangan . Dan . January 9, 2024 . Trump Hearing Live Updates: Lawyer for ex-president argues immunity for official acts is absolute . 2024-01-09 . CNBC . en.
  157. News: Faulders . Katherine . Mallin . Alexander . Charalambous . Peter . February 6, 2024 . Appeals court rejects Trump's immunity claim in federal election interference case . February 6, 2024 . ABC News.
  158. News: Cole . Devan . Rabinowitz . Hannah . Lybrand . Holmes . Polantz . Katelyn . Cohen . Marshall . February 6, 2024 . Trump does not have presidential immunity in January 6 case, federal appeals court rules . February 6, 2024 . CNN.
  159. News: Hurley . Lawrence . February 28, 2024 . Supreme Court to decide Trump's immunity claim in election interference case . February 28, 2024 . NBC News.
  160. News: Breuninger . Kevin . March 6, 2024 . Supreme Court will hear Trump presidential immunity argument April 25 . March 6, 2024 . CNBC.
  161. News: Baio . Ariana . April 25, 2024 . The Nixon rulings at the centre of Trump's Supreme Court immunity case . The Independent.
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  164. Web site: 2024-07-03 . What is an ‘official’ act, and how will a judge interpret Trump’s immunity? . 2024-07-04 . Washington Post . en.
  165. Web site: Rabinowitz . Hannah . 2024-08-02 . Judge Chutkan could jumpstart Trump election interference case now that it’s back in her court . 2024-08-02 . CNN . en.
  166. Web site: Dilanian . Ken . 2024-07-02 . Trump has some immunity in D.C. election interference case, Supreme Court rules: Highlights . 2024-08-05 . NBC News . en.
  167. Web site: Visser . Nick . 2024-08-09 . Jack Smith Asks For More Time To Mull How Trump’s Jan. 6 Case Should Move Forward . 2024-08-09 . HuffPost . en.
  168. Web site: Lybrand . Holmes . Polantz . Katelyn . Reid . Paula . Sneed . Tierney . 2024-08-08 . First hearing in Trump DC election case after the Supreme Court’s immunity ruling is delayed until September . 2024-08-09 . CNN . en.
  169. News: Faulders . Katherine . Levine . Mike . Mallin . Alexander . October 24, 2023 . Ex-Chief of Staff Mark Meadows granted immunity, tells special counsel he warned Trump about 2020 claims: Sources . October 24, 2023 . ABC News.
  170. News: Lowell . Hugo . October 24, 2023 . Trump chief Mark Meadows testified in 2020 election case after immunity order . October 30, 2023 . The Guardian.
  171. News: Novak . Analisa . October 25, 2023 . Former White House chief of staff Mark Meadows cooperating with special counsel's Trump investigation . October 26, 2023 . CBS News.
  172. News: Hsu . Spencer S. . Barrett . Devlin . 2023-12-05 . Special counsel alleges Trump 'sent' supporters on path to Jan. 6 violence . 2023-12-05 . Washington Post . en-US . 0190-8286.
  173. News: December 5, 2023 . Case 1:23-cr-00257-TSC: Government's Notice Pursuant to Federal Rule of Evidence 404(b) . December 5, 2023 . . The Washington Post.
  174. News: Mauger . Craig . December 5, 2023 . Trump campaign staffer wanted rioting to obstruct Detroit vote counting: prosecutors . January 28, 2024 . The Detroit News.
  175. News: Cheney . Kyle . Gerstein . Josh . December 11, 2023 . Special counsel reveals plans to use Trump's phone data at trial . January 28, 2024 . Politico.
  176. News: Cheney . Kyle . August 18, 2023 . Special counsel obtained Trump DMs despite 'momentous' bid by Twitter to delay, unsealed filings show . January 28, 2024 . Politico.
  177. News: Edelman . Adam . August 6, 2023 . If Trump committed 'a technical violation of the Constitution,' it's not a crime, his lawyer says . live . https://web.archive.org/web/20230808082753/https://www.nbcnews.com/politics/donald-trump/donald-trump-2020-election-indictment-lawyer-john-lauro-rcna98406 . August 8, 2023 . August 8, 2023 . NBC News.
  178. News: Haberman . Maggie . August 3, 2023 . Pence Says Trump Pushed Him 'Essentially to Overturn the Election' . live . https://web.archive.org/web/20230808000957/https://www.nytimes.com/2023/08/03/us/politics/pence-trump-election-jan-6.html . August 8, 2023 . August 8, 2023 . The New York Times.
  179. Web site: Polantz . Katelyn . 2024-01-02 . Trump defense strategy in January 6 case may go beyond trying to delay trial, court filings reveal . 2024-01-02 . CNN . en.
  180. News: Singh . Maanvi . Chao-Fong . Léonie . Stein . Chris . August 1, 2023 . Trump faces four criminal counts as six co-conspirators listed in January 6 indictment – live . . August 1, 2023 . August 1, 2023 . https://web.archive.org/web/20230801132157/https://www.theguardian.com/us-news/live/2023/aug/01/trump-indictment-jan-6-jack-smith-biden-us-politics-live-updates . live .
  181. Web site: Pence condemns Trump on Jan. 6 indictment: 'country is more important'. The Hill. August 1, 2023. August 2, 2023. Fortinsky. Sarah. August 2, 2023. https://web.archive.org/web/20230802040050/https://thehill.com/homenews/campaign/4132531-pence-condemns-trump-on-jan-6-indictment-country-is-more-important/. live.
  182. Web site: Pence on Jan. 6: 'Crackpot lawyers' told Trump 'what his itching ears wanted to hear'. The Hill. August 2, 2023. August 2, 2023. Samuels. Brett. August 2, 2023. https://web.archive.org/web/20230802200051/https://thehill.com/homenews/campaign/4133918-pence-on-jan-6-crackpot-lawyers-told-trump-what-his-itching-ears-wanted-to-hear/. live.
  183. Web site: Visser . Nick . August 7, 2023 . 'A Legitimate Case': Barr Says He Would Testify In Trump's Jan. 6 Trial If Called . August 7, 2023 . HuffPost . en . August 7, 2023 . https://web.archive.org/web/20230807094933/https://www.huffpost.com/entry/bill-barr-testify-trump-jan-6_n_64d07d66e4b01638f324399c . live .
  184. News: 'Quite parallel:' Jan. 6 committee applauds Trump Capitol attack indictment. Looker. Rachel. Jackson. David. USA Today . August 1, 2023. August 2, 2023. August 2, 2023. https://web.archive.org/web/20230802015421/https://www.usatoday.com/story/news/politics/2023/08/01/jan-6-select-committee-applauds-donald-trump-election-interference-indictment/70510283007/. live.
  185. Web site: Sudiksha . Kochi . August 2, 2023 . 'A disgrace': Donald Trump's 2020 election indictment sparks split among Republicans . 2023-09-01 . . en-US.
  186. Web site: Fortinsky . Sarah . 2023-08-15 . Hutchinson: Trump has disqualified himself from ever holding presidency again . 2023-09-01 . The Hill . en-US.
  187. Web site: Gangel . Jamie . Forrest . Jack . August 14, 2023 . Exclusive: Former Republican legal officials endorse special counsel's speedy trial date proposal in Trump Jan. 6 case . August 14, 2023 . CNN Politics . en . August 14, 2023 . https://web.archive.org/web/20230814184253/https://www.cnn.com/2023/08/14/politics/republican-legal-officials-trump-interference-case/index.html . live .
  188. Web site: Pengelly . Martin . From victim to 'distraction': reactions to Trump's indictment fall along political divide . The Guardian . August 2, 2023 . August 2, 2023 . August 2, 2023 . https://web.archive.org/web/20230802064340/https://www.theguardian.com/us-news/2023/aug/01/donald-trump-indictment-reaction-political-divide-desantis-pelosi . live .
  189. News: Hodgman . Lucy . Lawmakers quickly react to latest Trump indictment . August 2, 2023 . . August 1, 2023 . en . August 1, 2023 . https://web.archive.org/web/20230801235431/https://www.politico.com/news/2023/08/01/lawmakers-respond-to-latest-trump-indictment-00109294 . live .
  190. News: Kapur . Sahil . A shutdown wouldn't halt Trump's trials, so Republicans seek to rein in his prosecutors . NBC News . August 29, 2023 . 2 November 2023 .

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