Trump will appear in court after being indicted
The 2016 Capitol riot: A case study of a former president prosecuted for lying to the public and obstructing justice
In an unprecedented indictment of a former president, Trump faces 37 federal charges, including unlawfully retaining government secrets and conspiring to obstruct justice.
The indictment alleges that Trump was personally involved in packing the documents as he left the White House in 2021, that he bragged about having secret materials and caused his own lawyer to mislead the FBI about what kind of papers he had stored at Mar-a-Lago.
Trump says he is innocent and that he’s being unfairly targeted by prosecutors because he’s running for president again. His Republican allies in Congress are echoing these claims of bias in the Justice Department.
Jack Smith, the special counsel who was appointed by the Justice Department to oversee an independent investigation into Trump’s campaign, defended his team and the FBI in remarks last week.
If he does show up, he’ll be pressed about his indictments by the other candidates, as well as by the moderators. Mr. Trump is also facing the prospect of charges concerning election interference from the district attorney in Fulton County, Ga., and from Mr. Smith concerning similar efforts to thwart the transfer of power after he lost the 2020 election.
It is unclear if Trump will be put in handcuffs. He was not in court in April to answer to allegations that he paid off people for not campaigning for him in the election.
The judge could set certain restrictions as the case proceeds, potentially asking them to turn over passports, limit travel or check in with court supervision.
The Secret Service, which protects Trump, have been involved in conversations with the U.S. Marshals, who protect the federal courthouse. Additional first responders have been put on stand-by.
Unlike the leadup to the Capitol riot, though, extremism researchers say they are not seeing signs of large-scale and detailed planning around the courthouse appearance.
The Donald Trump Case for the 2020 U.S. Capitol riot: We’re all in it! The case for the special counsel is still open
Smith said Friday that he is seeking a quick trial. It’s possible that within 70 days, we could see a presidential primary next year.
The classified documents case is not the end of Trump’s legal problems. Special counsel Smith is continuing to investigate Trump’s actions around the Jan. 6 riot at the U.S. Capitol, and the Fulton County District Attorney’s Office in Georgia is looking into attempts to pressure state officials in the weeks after the 2020 election. It’s not clear if Trump will be charged in those investigations.
The prosecution is aware that the case is playing out as Mr. Trump pursues his presidential campaign, and so will likely want to move the case forward quickly. Mr. Trump’s lawyers will surely try to slow the case down, perhaps with an eye toward dragging it out until after the 2024 election. That has been Mr. Trump’s M.O. in nearly ever legal case he has faced over the years, and this one is not likely to be an exception.
Donald Trump is campaigning on the federal indictment as a part of his White House bid. He’s even planning to talk Tuesday night at a fundraiser at his golf club in New Jersey.
A special counsel is looking into how Biden came to have documents in his private office and residence. But in that case, there’s no hint Biden is resisting turning over any of the papers, like Trump allegedly did for about a year.
Mr. Kise said that the president has many options he is considering and will take his time to make a decision. “There are a number of excellent lawyers that are not only willing, but very interested in working with him on this case.”