After a period of over two and a half years, a grand jury in Washington, D.C., has issued an indictment charging former President Donald Trump with four felony counts related to his attempt to steal the 2020 presidential election. This is the third time Trump has faced felony charges in 2023, but this case stands out as the most significant. It focuses on his extensive and deliberate efforts to undermine American democracy.
The indictment, obtained by Special Counsel Jack Smith of the Department of Justice, does not introduce new storylines, but it provides additional details. Spanning 45 pages, it meticulously outlines every aspect of Trump’s scheme, from his initial attempts to cling to power after the election to the desperate last-ditch efforts on January 6.
According to Smith’s allegations, Trump collaborated with six specific co-conspirators, utilizing various tactics. They tried to persuade state governments to disregard the election results, encouraged the creation and submission of fraudulent elector slates, manipulated the Justice Department through sham investigations, and pressured Vice President Mike Pence to exceed his constitutional authority and disrupt the certification of the election. While the charges do not accuse Trump of criminal misconduct in inciting the Capitol attack, they do assert that he “exploited the violence and chaos.”
In response to the indictment, Trump issued a statement dismissing it as “fake” and claiming it was “election interference,” although he did not explicitly deny the charges. He stated, “These un-American witch hunts will fail, and President Trump will be re-elected to the White House.”
Smith highlights how, in the days following the election, Trump propagated false claims of election fraud. The indictment asserts that Trump knew these claims were false, but he still chose to spread them. The document acknowledges that, like any American, Trump had the right to voice his opinions. However, when these lies failed to alter the election outcome, Trump and his co-conspirators began engaging in illegal activities. Starting on November 13, 2020, they implemented a strategy of deceit to obstruct and undermine the functioning of the federal government.
Despite Trump’s recent suggestions that he sought well-founded advice while challenging the election, the indictment contradicts this notion and presents evidence to support it. Nearly every aide who could provide informed guidance informed Trump that his fraud claims lacked merit and had no chance in court. Trump himself allegedly conceded in private that these claims sounded “crazy.”
While the indictment does not explicitly name the co-conspirators, information provided suggests that individuals such as Rudy Giuliani, John Eastman, Sidney Powell, and Jeffrey Clark were involved. The indictment asserts that these co-conspirators were well aware of the falsehoods they were perpetuating and the potential consequences. For instance, when Arizona House Speaker Rusty Bowers was told by Giuliani that they did not have evidence but had plenty of theories, it revealed a cavalier approach. Similarly, when Eastman’s legal proposal was criticized for possibly inciting riots, he responded that violence had been deemed necessary to protect the republic at certain points in history.
Trump was also dismissive of the violence. Notably, the indictment highlights how he tweeted against Pence moments before the Vice President had to be evacuated by Secret Service agents due to the violent mob calling for his lynching.
While this new indictment may not offer the same level of dramatic and revealing details as Smith’s previous indictment covering Trump’s mishandling of classified documents, much has already been uncovered through reporting and the ongoing investigation by the House committee. Nevertheless, the facts themselves provide sufficient drama. Never before in U.S. history has there been a failure to conduct a peaceful transfer of power, nor has a president committed such a serious offense against the nation he was elected to serve.
In one sense, Trump’s plot did not succeed, as he left office 14 days after the Capitol riot and now faces serious charges. However, the country remains at risk. Trump currently stands as the leading Republican candidate for the 2024 presidential election, and if elected, one can expect him to prioritize eliminating the federal cases against him. He has already indicated a desire to dismantle the guardrails that prevented his success on January 6 and have held him accountable since. Ultimately, it will be the judgment of the entire American electorate that holds the utmost importance, surpassing the outcomes delivered by any grand or petit jury.
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