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Donald Trump Jan. 6 indictment: Ex-president charged in DOJ's criminal probe into 2020 election interference — his 3rd indictment this year

Aug 2, 2023, 14:51 IST
Business Insider
Donald Trump speaking to supporters at a rally ahead of the riot at the Capitol.BRENDAN SMIALOWSKI/AFP via Getty Images
  • Donald Trump has been indicted as part of the Department of Justice's investigation into the events leading up to the Jan. 6 Capitol riot.
  • The riot was the culmination of efforts by Trump's supporters to block the certification of Biden's election.
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Former President Donald Trump has been indicted again by a federal grand jury, this time over his efforts to overturn the results of the 2020 presidential election and the events leading up to the January 6 Capital riot.

It is the third indictment for the ex-president this year and yet another unprecedented legal obstacle for the Republican frontrunner in the 2024 presidential race.

Federal prosecutors allege Trump broke federal laws by engaging in a conspiracy to defraud the government and obstructing an official proceeding by plotting to block Congress from certifying the electoral victory of now-President Joe Biden.

The Justice Department, in a team led by Special Counsel Jack Smith, brought the charges. Trump announced last month that Smith's team had served him a target letter indicating he may be indicted in the investigation. Earlier on Tuesday, he said on Truth Social the indictment was forthcoming and said Smith was attempting "to interfere with the Presidential Election of 2024."

The 45-page indictment lays out how Trump lied about losing the election, falsely claiming he had won in numerous states, and then used those lies to try to overturn the results in several states. Trump and six co-conspirators also attempted to rope then-Vice President Mike Pence in their scheme and use the Justice Department to keep Trump in power, the indictment alleges.

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Trump's actions led to the January 6, 2021, riot at the Capitol, Smith alleges, which was an attempt to obstruct Congress's certification of the vote. When the riot succeeded in delaying the certification, Trump exploited that time by trying to pressure more lawmakers to go along with his scheme, according to the indictment.

At a brief press conference Thursday, Smith called the January 6 insurrection an "unprecedented assault on American democracy" that was "fueled by lies" from Trump. Smith also praised law enforcement officers who defended the Capitol and said the Justice Department would seek a speedy trial in Trump's case,

Smith's team is also overseeing a separate prosecution, based in Florida, for a 37-count indictment alleging Trump illegally spirited away government documents from the White House after he left the presidency. Prosecutors say Trump held on to classified documents and, with his co-defendant Walt Nauta, a personal assistant, conspired to obstruct justice and lied to law enforcement.

In March, Trump was indicted in New York. The Manhattan district attorney's office brought a 34-count indictment against the ex-president, alleging he falsified business records to disguise hush-money payments made to Stormy Daniels to keep her quiet ahead of the 2016 election about an affair she says she had with him.

Trump pleaded not guilty in both of the previous criminal cases.

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What the Justice Department investigated

In December, the House of Representatives' January 6 committee, which investigated the Capitol riot, recommended that the Justice Department bring four criminal charges against Trump: conspiracy to defraud the US, conspiracy to make false statements, obstruction of an official proceeding, and inciting an insurrection.

The recommendation doesn't bind prosecutors, but the voluminous evidence and under-oath interviews collected by the committee offer insight into what prosecutors may have focused on.

Special Counsel Jack Smith speaks to the press at the US Department of Justice in Washington, DC.MANDEL NGAN/AFP via Getty Images

For months, prosecutors have brought Trump's associates to testify before a grand jury in Washington, DC, including former Vice President Mike Pence, Trump lawyer Rudy Giuliani, and former chief of staff Mark Meadows.

Throughout their investigation, the DOJ has zeroed in on the meetings that Trump had with politicians between December 2020 and January 2021, as he repeatedly and falsely claimed that he had won the election, according to The Washington Post.

His actions as the riot broke out were also being investigated.

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The investigation has also probed how much Trump's lawyers coordinated efforts by Republican state electors who tried to confirm Trump as the election winner. Trump's lawyers at the time, John Eastman and Giuliani, are also being probed for their individual roles, the Post reported.

Outside of this case, DOJ prosecutors have brought more than 1,000 charges against rioters who ransacked the capitol and combed the halls for politicians, according to NPR.

What's next in the January 6 investigation

Trump will now have to show up for an arraignment in court, where the former president will enter a plea when presented with the charges.

Prosecutors will likely try the case in Washington, DC, the site of the grand jury, where the indictment was filed. The bulk of the hundreds of criminal cases against the January 6 rioters are being tried in the district.

Donald Trump.Win McNamee/Getty Images

As in other cases, Trump's legal team will likely try to delay a potential trial until after the 2024 election.

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Fulton County District Attorney Fani Willis empaneled a grand jury last month in Atlanta that is expected to bring charges against Trump as well, for trying to overturn the election results in George.

Her investigation also focuses on "fake electors" who tried to award Georgia's electoral votes to Trump even though Biden won the state.

This month, Michigan Attorney General Dana Nessel brought criminal charges against Republican "fake electors" in the state for a similar plot.

Trump has a number of other legal headaches to deal with, including upcoming trials in New York over his business dealings and his endorsement of a multi-level marketing scheme, another rape and defamation trial from E. Jean Carroll, and several other lawsuits and investigations.

This story has been updated.

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