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Published: August 3, 2023
Donald Trump is scheduled to appear before a federal court today, Thursday, to respond to charges that he sought to overturn the results of the 2020 presidential election, as he faces a judge near the U.S. Capitol building that was stormed by his supporters in an attempt to prevent the peaceful transfer of power.
In what has become a familiar yet astonishing ritual, Trump is expected to be processed by law enforcement authorities, held, and enter a guilty plea before a judge before being released, so he can rejoin the campaign trail as he seeks to reclaim the White House in 2024.
The indictment on Tuesday from Special Counsel Jack Smith charges Trump with four criminal counts related to his efforts to reverse his electoral loss in the lead-up to the January 6, 2021, Capitol riot, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding, and the charges could lead to years in prison if convicted.
The former Republican president is the only person charged in the case, although prosecutors referred to six co-conspirators, most of whom are attorneys they say he conspired with, including in a scheme to recruit fake electors in seven battleground states won by Democrat Joe Biden to submit false certificates to the federal government.
The indictment details how Trump and his Republican allies repeatedly lied about the results in the two months following his election loss, what Smith described as an assault on “the fundamental function of the U.S. government,” and pressured Vice President Mike Pence and state election officials to take actions to help him cling to power.
This is the third criminal case filed against Trump in the past six months. He was charged in New York with falsifying business records related to hush money payments to a porn star during the 2016 presidential campaign. He was also charged by Smith's office with 40 criminal counts in Florida, accused of unlawfully retaining classified documents at his Mar-a-Lago estate in Palm Beach and refusing government demands to return them. He has pleaded not guilty in both cases, which are set to go to trial next year.
Prosecutors in Fulton County, Georgia, are expected to announce charging decisions in the coming weeks related to an investigation into efforts to overturn election results in that state.
Trump's lawyer, John Lauro, stated in television interviews that Trump’s actions were protected under the First Amendment right to free speech and that he relied on the advice of attorneys. Trump alleged without evidence that Smith's team was trying to interfere in the 2024 presidential election, in which Trump is the frontrunner for the Republican nomination.
Smith said in a rare public statement that he seeks a speedy trial, although Lauro said he intends to slow the case down so the defense team can conduct its own investigation.
The summons will be handled by U.S. Magistrate Judge Moxila Upadhyaya, who joined the bench last year. But from now on, the case will be presided over by U.S. District Judge Tanya Chutkan, who was appointed by President Barack Obama and has emerged as one of the sternest punishers of the Capitol rioters.
Chutkan has previously ruled against Trump, denying in November 2021 a request to block the release of documents to the House January 6 Committee by asserting executive privilege.
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