What we know about Jack Smith’s criminal investigation and the federal indictment Donald Trump faces over his efforts to overturn the 2020 election and his actions before and during the January 6 attack on the U.S. Capitol.
Donald Trump has been indicted over his attempt to hold on to power as president, which culminated in the attack on the Capitol on January 6, 2021. He has been charged with one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, one count of obstruction of and an attempt to obstruct an official proceeding, and one count of conspiracy against rights. (We’re collecting the most notable details in the indictment here.)
This is the second federal indictment of the former president this year, after special counsel Jack Smith’s other criminal investigation into Trump’s alleged efforts to withhold documents at Mar-a-Lago resulted in charges of violating the Espionage Act, making false statements, and conspiring to obstruct justice. Below are updates and commentary on the case against Trump as this developing story continues to unfold.
Trump again attacks Pence
With Mike Pence now embracing his role as a “too honest” January 6 spoiler, Donald Trump went after his former VP on Saturday, writing on Truth Social that Pence “has gone to the dark side” and claiming that his account of the events leading up to January 6 was “delusional.” According to the new federal indictment filed against Trump this week, Pence took contemporaneous notes about his conversations with Trump at the time.
Special counsel’s office seeks protective order, citing Trump threat
Federal prosecutors have, as expected, sought a protective order over discovery evidence in the case, which would set limits on what Trump’s lawyers can do with the government’s evidence after its shared with them. Prosecutors also cited a threatening message Donald Trump posted on Truth Social on Friday night, which said: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Prosecutors included a screenshot of the post in their filing with Judge Tanya S. Chutkan, while also noting that Trump “has previously issued public statements on social media regarding witnesses, judges, attorneys and others associated with legal matters pending against him.”
On Saturday, Chutkan gave Trump’s lawyers until 5 p.m. Monday to respond to the protective order filing, then later denied their request to delay that deadline.
On Friday, Trump’s campaign claimed his Truth Social threat was for his political adversaries and “the definition of political speech.” The campaign also posted an ad on social media on Friday which called prosecutors in all the cases against Trump a “fraud squad” doing the bidding of President Biden.
An inmate with Secret Service protection?
It remains an open question how the Secret Service would handle a scenario in which Donald Trump is convicted of any crimes and sentenced to serve time in state or federal prison. The spoke with some agents about what might happen:
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. …
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.
Courtroom artist captured Trump’s plea
Federal court does not permit cameras. Artist Bill Hennessy provides his image of the moment Mr. Trump responded “not guilty” to the charges. pic.twitter.com/mIISJfaUyv— Kelly O’Donnell (@KellyO) August 3, 2023
Trump didn’t enjoy his trip to our nation’s capital
He briefly addressed reporters before departing from Reagan airport after his arraignment:
Donald Trump, whose motorcade drove through mostly highways today, said he saw “broken buildings” and “filth and decay” in his short drive to the courthouse from DCA.
Says the indictment is a “persecution.”
“So if you can’t beat him, you persecute him or prosecute him.”— Manu Raju (@mkraju) August 3, 2023
Movement minutia
Semafor’s J.D. Capelouto notes how the reporting from inside the courtroom was heavy on the “excruciating detail”:
At one point, The New York Times’ Charlie Savage observed that Trump ”clasped, unclasped and re-clasped his hands.” A few minutes later, he reported that Trump was “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.” In a later update, just before the hearing began, Savage acknowledged: “A reporter tries to come up with yet another descriptive way to convey that nothing is happening yet.”
“Trump’s fidgety,” CBS News Congressional Correspondent Scott MacFarlane tweeted. David Smith of The Guardian noted that Trump was “folding and unfolding hands, unable to keep still.” Smith added: “He picks up a document and quickly puts it down again.”
The next court date is August 28
NBC News reports:
The judge set the first hearing date in the case for Aug. 28 at 10 a.m.
The judge had presented three dates to prosecutors and the defense: Aug. 21, Aug. 22 and Aug. 28. Prosecutors requested Aug. 21, while the defense requested Aug. 28.
And now that’s when a trial date may be set. United States of America v Donald J. Trump is underway
Case called. Clerk reads “United States of America v Donald J Trump.”
For DOJ – Thomas Windom and Molly Gaston. FBI special agent seated with them.
Trump defense team, John Lauro and Todd Blanche, was introduced by Lauro.— Robert Costa (@costareports) August 3, 2023
Per the New York Times:
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.
The judge then read the four felony counts against Trump, to which he pleaded: “Not guilty.”
Then it was on to the conditions of Trump’s release:
Conditions of release… agreed to by both sides – no violations of federal law. Must appear in court as required. Must sign appearance bond. Shall not communicate about the facts of the case to any individual known to the defendant to be a witness except through attorneys.— Robert Costa (@costareports) August 3, 2023
Judge Upadhyaya informed Trump that if he violates the conditions of his release, an arrest warrant can be issued for him and he could be detained (a normal part of arraignments). @MSNBC— Kyle Griffin (@kylegriffin1) August 3, 2023
Trump was released soon after. The arraignment hearing took about 25 minutes, ending at 4:40 p.m.
Trump is reportedly angrier than usual again
The New York Times’ Maggie Haberman reports:
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.
Some courtroom stare analysis
When Trump walked in, Smith stared straight ahead and did not look his way.— Ken Dilanian (@KenDilanianNBC) August 3, 2023
Stunning moment per @MLevineReports watching in federal court Trump could just be seen staring right toward Smith, knocking his clasped hands on the table in a tense way.— John Santucci (@Santucci) August 3, 2023
Trump is sitting in Special Counsel Jack Smith’s direct line of sight in the courtroom — and Smith almost certainly just looked at Trump— Hugo Lowell (@hugolowell) August 3, 2023
Also watching inside the courthouse:
JUST LEFT the courtroom where Trump was arraigned. The most interesting part? Several of the federal judges of the district court filled the back row — including Chief Judge James Boasberg, Amy Berman Jackson and Randy Moss.— Kyle Cheney (@kyledcheney) August 3, 2023
Three officers who served on Jan. 6 — MPD Officer Daniel Hodges, former Capitol Police Officer Aquilino Gonnell and Capitol Police Officer Harry Dunn — are watching Trump’s arraignment from an overflow room at the courthouse.
They were escorted in by the marshals service. @MSNBC— Kyle Griffin (@kylegriffin1) August 3, 2023
But unlike earlier spectacles:
Maybe I’ve missed someone, but I still haven’t seen any GOP lawmakers in Congress who came back to DC to show their support for Trump today at the federal courthouse.— Jamie Dupree (@jamiedupree) August 3, 2023
“I AM BEING ARRESTED FOR YOU” — the defendant heads to court
WASHINGTON Trump arrives at the federal courthouse in Washington to surrender on charges he tried to overturn the 2020 election.— Philip Crowther (@PhilipinDC) August 3, 2023
Trump, en route to DC, posts “I AM BEING ARRESTED FOR YOU.” pic.twitter.com/rhKPv5bNSB— Kevin Frey (@KevinFreyTV) August 3, 2023
Trump deplanes at Reagan en route to federal courthouse in DC pic.twitter.com/feK7JyKih2— Alex Isenstadt (@politicoalex) August 3, 2023
CNN once again live-broadcasted the motorcade. Meanwhile on Fox News:
Gillian Turner on Fox News: “Katie, we can’t any longer say that this is a historic event, because we’ve seen the spectacle before of the former president flying across the country to face arraignment in various courthouses.”— Jeremy Barr (@jeremymbarr) August 3, 2023
The arraignment will not be televised
I’m going to say this loud and often: It’s ridiculous how little visibility the public will have into the most important federal criminal proceeding in US history. Only a handful of reporters will bear witness in court today and no cameras. It doesn’t have to be this way.— Ken Dilanian (@KenDilanianNBC) August 3, 2023
Bill Barr isn’t impressed
In an interview with CNN, Trump’s former attorney general endorsed one of the central arguments in the case against his old boss, and joined those throwing cold water on the First Amendment defense Trump’s lawyers are currently promoting:
As the indictment says, they are not attacking his First Amendment right. He can say whatever he wants, he can even lie. He can even tell people that the election was stolen when he knew better. But that does not protect you from entering into a conspiracy. At first I wasn’t sure, but I have come to believe he knew well he had lost the election.
Mike Pence is selling indictment merch
NEW: Mike Pence selling “TOO HONEST” merch in wake of Trump indictment
According to the Special Counsel, Trump called Pence on New Year’s Day in 2021 and “berated him.” When Pence said he didn’t have the authority to return or reject votes, Trump told him, “You’re too honest.” pic.twitter.com/srGkmJWuMG— Libby Cathey (@libbycathey) August 3, 2023
Trump’s legal team teases defense before arraignment
In an interview with NPR, John Lauro said that his team will consider a First Amendment defense for their client, arguing that he was exercising his right to free speech:
When you look at this indictment, it doesn’t really say much other than President Trump was exercising his right to talk about the issues and advocate politically for his belief that the election was stolen and was improperly run. He got advice from counsel — very, very wise and learned counsel — on a variety of constitutional and legal issues. So, it’s a very straightforward defense that he had every right to advocate for a position that he believed in and his supporters believed in.
