Trump indicted: Key facts before DC courthouse arraignment
Former President Donald Trump Faces Second Federal Indictment
Former President Donald Trump is heading to Washington, D.C., on Thursday for his initial court appearance in his second federal indictment and third indictment overall.
This time, the former president has been charged in connection to alleged efforts to overturn the 2020 election that led to the Jan. 6, 2021, riot at the U.S. Capitol. He decried special counsel Jack Smith as “deranged” and the indictment as a “witch hunt.”
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Democrats have hailed Smith’s Jan. 6 indictment as proof that no one is above the law, while Republicans have blasted the legal action as the “weaponization” of the federal government and a signal of a two-tiered justice system.
As Trump heads to Capitol Hill on Thursday afternoon, here are all the things to know about the Jan. 6 indictment charges, his legal defenses, his co-conspirators, and what it means for the former president.
What are the Jan. 6 Indictment Charges?
Trump is charged with four counts:
- Conspiracy to defraud the United States
- Conspiracy to obstruct an official proceeding
- Obstruction of and attempt to obstruct an official proceeding
- Conspiracy against rights
Smith spent more time focusing on the efforts to change the 2020 election results than the Jan. 6 Capitol riot in the 45-page indictment.
Still, in his announcement of the charges, the special counsel said the ”unprecedented assault” at the Capitol was “fueled by lies” by Trump.
Trump blasted Smith for his work as a prosecutor and questioned the timeline of the charges, asking why the Justice Department did not bring the case against him “2.5 years ago.”
“They wanted it right in the middle of my campaign, that’s why!” Trump said on Tuesday.
Who is “Named” Alongside Trump in the Indictment?
Six co-conspirators are listed in the indictment. While Smith did not provide names, details surrounding their alleged misconduct appear to point to Rudy Giuliani, John Eastman, Sidney Powell, Jeffrey Clark, and Kenneth Chesebro.
Eastman, a Trump lawyer, is best known for his “fake electors” scheme, in which Trump allies allegedly conspired to use alternate electors in several battleground states to declare the former president the winner of the 2020 election. He also is known for his memo that detailed how then-Vice President Mike Pence could defy the Electoral Count Act in favor of Trump. Chesebro allegedly had a similar plan to prevent now-President Joe Biden’s elector votes from being counted.
Giuliani, who is facing his own legal battles, is known for presenting cases in several states for debunked claims of election fraud in the 2020 election. Powell also filed a lawsuit in connection to claims of election fraud in Georgia, and Clark allegedly attempted to use Trump’s DOJ to open investigations into false claims of fraud.
The sixth co-conspirator has not been named, and not many details were provided, other than that No. 6 is a political consultant who helped implement the plan to “submit fraudulent slates of presidential electors.”
When is Trump’s Initial Court Appearance?
Trump’s court appearance is scheduled for 4 p.m. on Thursday. Washington residents can expect traffic congestion and road closures near and around the E. Barrett Prettyman courthouse.
U.S. District Judge Tanya Chutkan has been assigned to the indictment case, but Trump will appear before Magistrate Judge Moxila A. Upadhyaya on Thursday.
Secret Service, U.S. Capitol Police, Metropolitan Police Department, and several other law enforcement agencies are working together to provide security for the former president and the city’s residents.
Police have set up fences around the Capitol, and certain roads have been blocked for traffic and parking.
Trump is set to be digitally fingerprinted by the U.S. Marshals, but he will not have a mug shot taken and will not be placed in handcuffs.
The former president will enter a not guilty or a guilty plea at his arraignment on Thursday. Based on his comments and former pleas in his other two cases, he is likely to plead not guilty.
What Comes Next for the Former President?
The former president is not done with his legal headaches.
Trump is facing 40 counts related to violating the Espionage Act and other charges in his handling of classified documents, another Smith investigation. The indictment came out of Miami in June, and a trial date has been set for May 20, 2024, in Fort Pierce, Florida.
In Manhattan, the former president is facing 34 counts of falsifying business records over hush money payments made during the 2016 campaign. A trial date has been set for March 25, 2024.
Trump is also a 2024 presidential candidate, and he has yet to commit to whether he will take the stage at the Republican National Committee’s first debate on Aug. 23. If he does, he will join six other candidates who have met RNC criteria to participate in the debate, including Gov. Ron DeSantis (R-FL) and Sen. Tim Scott (R-SC).
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