(New York) By all accounts, this is the most serious matter hanging over Donald Trump’s head, namely: the campaign he instigated and played a major role in to cling to in power after the 2020 presidential election culminating in the assault on the United States Capitol on January 6, 2021.
By Donald Trump’s own admission, this case should lead to his next indictment, the third since last spring and the second resulting from a grand jury assembled by special prosecutor Jack Smith.
“Jack Smith, Joe Biden’s crackpot Justice Department prosecutor, sent a letter [dimanche soir] indicating that I am the TARGET of the grand jury investigation into January 6,” the 45e president on Truth Social.
He said the special prosecutor gave him “a very short 4-day window” to appear before a Washington grand jury, “which almost always means an arrest and an indictment.”
Donald Trump will in all likelihood decline the offer to testify before the grand jury.
The special prosecutor declined to comment on Tuesday. But his letter leaves no doubt about what will happen next, and even less about the importance of the indictment to come, according to Renato Mariotti.
PHOTO JOSE LUIS MAGANA, ASSOCIATED PRESS ARCHIVES
Special Prosecutor Jack Smith last June
“This is of historic significance because this is the first time a criminal case has involved an attempt to overturn the results of a presidential election in our country,” commented the Chicago attorney, who served as a prosecutor. federal from 2007 to 2016.
In the other cases where he has been charged, Donald Trump is not the first person to have to answer the charges that have been brought against him. But here he will be the first to be accused of these crimes.
Renato Mariotti, lawyer and former federal prosecutor
What crimes are we talking about? We will have to wait for the indictment to answer this question definitively. But Stephen Saltzburg, a law professor at George Washington University, believes the House of Representatives Select Committee on the January 6, 2021, assault on the Capitol laid out “a roadmap” last year including Jack Smith could be inspired.
“Some of the counts recommended by the special commission will certainly appear in the indictment, perhaps even all of them,” Professor Saltzburg said. “They did a very thorough job. In fact, I’m not sure there would be a Jack Smith as a special prosecutor if it hadn’t been for the special commission. »
Recommendations for prosecution
Upon completion of its work, in December 2022, the House Committee of Inquiry recommended that the Justice Department prosecute Donald Trump for four different offenses: obstructing an act of Congress; conspiracy to defraud the United States; conspiracy to create lists of “false electors”; and incitement to insurrection.
Incitement to insurrection refers to Donald Trump’s speech in which he encouraged his supporters to march to the Capitol on January 6, 2021.
PHOTO BRENDAN SMIALOWSKI, AGENCE FRANCE-PRESSE ARCHIVES
Former President Donald Trump on January 6, 2021, during his speech where he urged supporters to march on Capitol Hill.
Some of them entered the building, where Congress was certifying the results of the 2020 presidential election, chanting “Hang Mike Pence!” Hang Mike Pence! and looking for House Speaker Nancy Pelosi.
Donald Trump must already answer 37 counts covering 7 different offenses in the classified documents case, the investigation of which was also the responsibility of special prosecutor Jack Smith.
The parties in this case met Tuesday afternoon for the first time before Florida judge Aileen Cannon to determine the trial date.
The hearing ended without an immediate decision on the matter. But Judge Cannon appeared skeptical of federal prosecutors’ request to start the trial in December. She was also reluctant to accede to the defense lawyers’ request to postpone the start of the trial to a date after the 2024 presidential election. She will announce her decision in writing shortly.
The former president also faces multiple counts in New York for falsifying corporate documents in connection with the Stormy Daniels case, named after the porn actress who received $130,000 before the presidential election. of 2016 in exchange for her silence about an alleged sexual relationship with the Republican candidate.
Donald Trump could also be indicted in Georgia in the first half of August for his role in efforts to overturn the results of the 2020 presidential election in that state.
Trump allies close ranks
Faced with this whirlwind of current or potential charges, Donald Trump’s allies did not deviate from their usual position on Tuesday, denouncing the “instrumentalization” of the Ministry of Justice against the former president.
“President Trump has just extended his lead in the polls. What is the Biden administration doing? It instrumentalizes the government to attack the number one opponent of President Biden, ”lamented the Speaker of the House, Kevin McCarthy, who had criticized the former president after the assault on the Capitol.
Donald Trump’s rivals in the race for the Republican nomination for the 2024 presidential election have again been overshadowed by his run-ins with the law. Former South Carolina Governor Nikki Haley made no secret of her irritation, calling the day’s news a “distraction.”
“And that’s why I’m running, because we need a new generational leader. We cannot continue to deal with this theater,” she said.
The story so far
November 4, 2020
In the early morning, Donald Trump denounces electoral fraud and claims victory in the presidential election held the day before, while the counting of votes continues in several key states.
January 6, 2021
After fruitless legal challenges and political pressure, Donald Trump encourages his supporters to march to the Capitol. “If you don’t fight like hell, you won’t have a country,” he said.
December 20, 2022
The House of Representatives special committee on January 6 recommends that the Department of Justice prosecute Donald Trump for four offenses, including incitement to insurrection.