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Trump faces federal charges for efforts to overturn 2020 election

Published 08/01/2023, 05:39 PM
Updated 08/02/2023, 03:48 PM
© Reuters. Former U.S. President and Republican presidential candidate Donald Trump speaks during a campaign rally in Erie, Pennsylvania, U.S., July 29, 2023. REUTERS/Lindsay DeDario/File Photo

By Sarah N. Lynch, Jacqueline Thomsen and Andrew Goudsward

WASHINGTON (Reuters) -Donald Trump was indicted on Tuesday for his wide-ranging attempts to overturn the 2020 election, the third time in four months that the former U.S. president has been criminally charged even as he campaigns to regain the presidency next year.

The four-count, 45-page indictment charges Republican Trump with conspiring to defraud the U.S. by preventing Congress from certifying Democrat Joe Biden's victory and to deprive voters of their right to a fair election.

Then-President Trump pushed fraud claims he knew to be untrue, pressured state and federal officials - including Vice President Mike Pence - to alter the results and finally incited a violent assault on the U.S. Capitol in a desperate attempt to undermine American democracy and cling to power, prosecutors said.

Trump was ordered to make an initial appearance in federal court in Washington on Thursday. The case has been assigned to U.S. District Judge Tanya Chutkan, who was appointed by Trump's predecessor Barack Obama.

The charges stem from Special Counsel Jack Smith's sprawling investigation into allegations Trump sought to reverse his loss to Biden. Despite a dizzying and growing array of legal troubles, Trump has solidified his status as the front-runner for the Republican presidential nomination, according to public opinion polls.

Weeks of assertions that the election had been stolen culminated in a fiery Trump speech on Jan. 6, 2021, as Congress met to certify the results. Soon after, his supporters stormed the U.S. Capitol in a bid to stop Congress from formalizing Biden's victory.

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In a brief statement to reporters, Smith placed the blame for the violence squarely on Trump's shoulders.

"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 the bedrock function of the U.S. government," Smith said.

More than 1,000 people have been arrested in connection with the attack.

PHONY SLATE OF ELECTORS

Trump and others organized fraudulent slates of electors in seven states, all of which he lost, to be certified as official by Congress on Jan. 6, the indictment said.

The indictment lays out numerous examples of Trump's election falsehoods and notes that close advisers, including senior intelligence officials, told him repeatedly that the results were legitimate.

"These claims were false, and the defendant knew that they were false," prosecutors wrote.

When the push to certify the fake electors failed, Trump sought to pressure Vice President Mike Pence not to allow certification of the election to go forward, and took advantage of the chaos outside the Capitol to do so, according to prosecutors. During the violence, Trump rebuffed calls from his advisers to issue a calming message.

"The Defendant attempted to use a crowd of supporters that he had gathered in Washington, D.C. to pressure the Vice President to fraudulently alter the election results," the indictment reads.

In a statement, the Trump campaign said he had always followed the law and characterized the indictment as a "persecution" reminiscent of Nazi Germany.

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"President Trump will not be deterred by disgraceful and unprecedented political targeting!" it added. Later Tuesday, Trump's campaign sent out a fundraising email referencing the indictment.

The indictment also includes six unnamed co-conspirators who have not been charged.

Based on the descriptions, they appear to include Trump's former personal lawyer Rudy Giuliani, who called state lawmakers in the weeks following the 2020 election to pressure them not to certify their states' results; former Justice Department official Jeffrey Clark, who tried to get himself installed as attorney general so he could launch voter fraud investigations in Georgia and other swing states; and attorney John Eastman, who advanced the erroneous legal theory that Pence could block the electoral certification.

"Every statement that Mayor Giuliani made was truthful and expressing his beliefs," his attorney Robert Costello told Reuters. "He believed there was proof of election fraud, and I have seen the affidavits that back that up."

Eastman lawyer Charles Burnham said in an email 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."

Clark did not respond to requests for comment.

The most serious charge against Trump carries a maximum penalty of 20 years in prison, though sentencing is based on numerous factors and is subject to the judge's discretion.

MOUNTING LEGAL WOES

Trump already had become the first former U.S. president to face criminal charges. He has portrayed all of the prosecutions as part of a politically motivated witch hunt aimed at preventing his return to power.

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Tuesday's charges represent a second round of federal charges by Smith, who was appointed special counsel in November by U.S. Attorney General Merrick Garland.

Trump pleaded not guilty after a federal grand jury in Miami convened by the special counsel charged him in June in a 37-count indictment over his unlawful retention of classified government documents after leaving office in 2021 and obstructing justice. Prosecutors accused him of risking some of the most sensitive U.S. national security secrets.

Last Thursday, prosecutors added three more criminal counts against Trump, accusing him of ordering employees to delete security videos as he was under investigation for retaining the documents.

In March, a grand jury convened by Manhattan's district attorney indicted him for falsifying business records to hide hush money payments to porn star Stormy Daniels before the 2016 election about a sexual encounter she said she had with him. Trump pleaded not guilty and has denied the encounter.

TRUMP IS 2024 REPUBLICAN FRONT-RUNNER

Trump, 77, leads a crowded field of Republican presidential candidates as he seeks a rematch with Biden, 80, next year.

Trump, who served as president from 2017 to 2021, has shown an ability to survive legal troubles, political controversies and personal behavior that might sink other politicians. Many Republicans - elected officials and voters - have rallied behind Trump, portraying the charges against him as selective prosecution and a Democratic plot to destroy him politically.

That pattern largely held on Tuesday, as most Republicans pivoted to attacks on Biden. House Speaker Kevin McCarthy, the top Republican in Congress, said on X, the site formerly known as Twitter, that the indictment was an attempt to "attack the frontrunner for the Republican nomination."

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Florida Governor Ron DeSantis, Trump's leading rival for the Republican nomination, said on X that he had yet to read the indictment. But he vowed to "end the weaponization of the federal government," suggesting that the Biden administration was using the charges to target a political enemy.

Strategists said that while the indictments could help Trump solidify support within his base and win the Republican nomination, his ability to capitalize on them may be more limited in next year's general election, when he will have to win over more skeptical moderate Republicans and independents.

Meanwhile, Trump's legal woes are growing. In addition to the three indictments, Trump 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.

Special counsels are sometimes appointed to investigate politically sensitive cases, and they do their jobs with a degree of independence from the Justice Department leadership.

Before being appointed by Garland to take over the two Trump-related investigations, Smith had served as the chief prosecutor for the special court in The Hague, assigned to prosecuting war crimes in Kosovo, oversaw the Justice Department's public integrity section and worked as a federal and state prosecutor in New York.

Latest comments

It's not illegal to hold a rally.
The rally itself was legal; it's illegal to tell the rally attendees to go commit crimes.
He is not being charged with holding a rally. Another MAGAramous with an opinion formed free from the facts. Read the indictment, if you can.
It's not a crime to challenge elections. If it were Hillary, Stacey Abrams, and Gore would all be in prison
"Trump faces federal charges" NOT for the >50 lawsuits challenging the election results he filed and lost.
Another MAGAnut opinion free from the facts. Trump is not being charged with challenging election results. He's being charged with, after all his challenges failed, with conspiring to fraudulently circumvent the election results. Read the indictment, if you can.
...." Trump's gonna have them shoot his political enemies on the street & push them out their windows?"  Brad-Brad, Dead Last, You guys are soooo funny.  Of course not. Trump will have the folks on the LIST Arrested, put on trial in MAGA held states, given the maximum sentence in re-education camps like The Dem President Roosevelt did to the Japanese-Americans at the Manzinar Concentration camps in California during WWII. Later, Rufus.
The never-ending Witch Hunt.
the fact that Biden's crimes are just starting to be investigated says he has served his purpose, and now we can see all his crimes. Where Trump's concerned, they haven't provided any evidence. Indictments are accusations and don't need evidence apparently
  "are just starting to be investigated" says Trump had 4 years while potus to investigate and found nada, and now this insanity is being repeated w/ the retrumplicans in the House.
@Mark: Who sticks their head in the sand and then claims there isn't any evidence? Oh, yeah. MAGArons.
Have no Doubt. There Hit List of those who have tried to destroy this Great Country. Big Don will sign off on this LIST. No Forgiving with this one. No Turning Back. Biden's Weaponization of the DOJ, FBI, & Homeland Security will be child's play compared to the next Trump Presidency. Later, Rufus.
So you're saying Trump will weaponize "the DOJ, FBI, & Homeland Security" way beyond what you're claiming Biden did.  Trump's gonna have them shoot his political enemies on the street & push them out their windows?
This guy is a Russian agitator, parodying the worst of the American right. He's best ignored.
Under trump, illegal immigration increased. The murder rate rose to the highest level since 1997, and also under trump, the billionaires increased their wealth by 1 trillion, while ordinary Americans' disposable income fell..
Yeah, but just wait until his infrastructure week.
Under Trump, the economy lost 2.9 million jobs. The unemployment rate increased by 1.6 percentage points to 6.3%. The number of people lacking health insurance rose by 3 million. The federal debt held by the public went up, from $14.4 trillion to $21.6 trillion...
Yeah, but just wait until he repeals and replaces Obama Care.
Every time they go after Trump, he goes up in the polls. Meanwhile, Biden continues to drop in the polls and has the lowest approval of any president in modern history.
big don the Mafia boss want-a-be the proven corrupt sexual molester is finally getting what he deserves..
Show where it’s been proven.. you should stick to facts and not opinions from your uncontrollable feelings
he was found guilty for sexual molesting a women in New York.
the fact are out there were have you been.....oh that's right you don't get that kind of news in ST PETERSBURG....
Big Don will hang his ankle bracelets on the door knob of his Oval Office as a trophy and the Indictments in picture frames so the millions of White House visitors will be able to see for themselves how he survived the Joe "Stalin" Regime. Biden will be in a Terminal Dementia Care Facility somewhere in Delaware. Later, Rufus.
Rufus... Trump has already showed how he will weaponize the government against his enemies as he tried to do when he was president, and if elected turn over the government to the neoNazis, white supremacists.and the far right...
smells like civil war
actually, what is smells like is prison orange, for trumpy slightly better than what Putinski will likely end up getting - its funny how many of the people who have already been prosecuted blame trump and wish they'd stayed home of Jan. 6th - they're simply aren't enough militia crazies who will go to jail for trumpy again - which is why his rally numbers are so low
name the people prosecuted that blame him. It was only the shaman guy. We should then indict kamala for telling supporters to burn streets and waters to get disruptive in political opponent faces.. can we then start to sue democrats over no cash bail allowing criminals back on streets without repercussions
more of the far right s false attempts of equivalency it doesn't work for Trump ....he runs a proven corrupt business organization is a Proven serial liar, led a inserection when he knowingly lost his presidencial election,and admits to endangering America's national security , as well brags about molesting women,,,
The only person who overturned the 2020 election was Biden, with boxes found overnight in 6 swing states, every one of which Trump was ahead of on election night. This is after 4 years of democrats trying to overturn and questioning the 2016 election after Trump won.
whoever voted for this guy need to acknowledge their mistake, whoever still consider voting for trump need to have their heads examined...
oh and you forgot to mention that trump is a bigoted neo-fascist criminal, a compulsive liar oblivious of the outside world, tearing down our alliances and trust meticilously built up for decades, making America a laughingstock of the civiliced world... but that's why all Americas enemies support him and want him back isn't it..?
Under Trump, the economy lost 2.9 million jobs. The unemployment rate increased by 1.6 percentage points to 6.3%.
 funny how the MAGA nutjobs always pretend their Orange Messiah didn't add $8T to the national debt in 4 years....
these charges are evidence based by information provided by Trump Administration officials to a Trump Administration appointed special counsel.... Along with Trumps own words....
You don’t understand what evidence based means. If you watched his speech and his actions you would see there’s nothing there. Lets hesr what you say about biden corruption though
No evidence? You are about to learn the dangers of living in an echo chamber. Should have watched the January 6th Committee hearings.
rapist-trump, now officially also traitor-trump..
More silly opinions with no facts.. hows that bidenomics working for ya.. real wages lowest in 2000s . Stupid people keep electing based on oarties and kill their own wealth 🤣
no facts? he's a convicted sex-offender you fool, now indicted for for activities amounting to treason with a mountain of evidence plus witnesses against him...
you must be some kind of troglodyte if you missed that, or is it just that those kind of news just don't reach your russisn trollfarm?
Trump with his own words and actions has brought this on himself......
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