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Donald Trump is bracing for a third indictment and imminent arrest after revealing he has received a target letter from special counsel Jack Smith regarding the Justice Department’s January 6 investigation.
In a dramatic post on his Truth Social account, the former president said he was given the letter while having dinner on Sunday night confirming he is the subject of a criminal investigation into the Capitol riot and his bid to overturn the 2020 election.
Trump said he would ‘almost certainly’ be arrested and indicted and has been given four days to respond.
Later this week, he has also been offered a chance to speak to the grand jury, which meets at the federal courthouse in Washington D.C.
In the post, he ripped into Special Prosecutor Jack Smith, claimed the investigation is ‘election interference’ and accused President Joe Biden of ‘going after his ‘number one political opponent.’
Trump is still dominating the polls in the race to be on the 2024 Republican presidential ticket, but could now be facing three criminal trials during the campaign.
He could face charges of obstructing an official proceeding – related to Congress’ electoral college count on January 6 – and defrauding the government over an alleged ‘fake electors’ scheme.
Donald Trump is bracing for a third indictment and imminent arrest after revealing he has received a target letter from special counsel Jack Smith regarding the Justice Department’s January 6 investigation
‘Deranged Jack Smith, the prosecutor with Joe Biden’s DOJ, sent a letter (again, it was Sunday night!) stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the Grand Jury, which almost always means an Arrest and Indictment,’ the former president wrote.
Smith is leading the Justice Department’s investigation of attempts by Trump and his allies to overturn the 2020 presidential election results.
He’s also leading the probe against Trump in regard to classified documents found at Mar-a-Lago.
A target letter means investigators have gathered substantial evidence linking the recipient to a crime, indicating that an indictment is near. Usually, such letters invite the recipient to appear before a grand jury to offer evidence.
Trump is expected to decline the invitation to appear before the grand jury, the New York Times reported.
Smith was appointed as special counsel by Attorney General Merrick Garland in November. As part of his probe, he has examined testimony and documents related to fundraising, Trump’s rally that preceded the January 6th insurrection at the Capitol, and communications between Trump associates and election officials in battleground states.
In December, Smith subpoenaed local election officials in Wisconsin, Michigan, Arizona and Pennsylvania, asking for communications with or involving Trump, his 2020 campaign aides and a list of allies who were involved in his efforts to try to overturn the results of the election.
Jared Kushner, Trump’s son-in-law who served as a White House adviser, and Rudy Giuliani, Trump’s personal lawyer, have also spoken with prosecutors.
There have been at least two grand juries investigating the former president’s attempts to remain in power.
One is related to Trump fundraising off his false claim of election fraud and that he needed money to fight it.
The other is related to the so-called ‘fake’ electors, which refers to a plot by Trump allies to create and submit fraudulent certificates in key battleground states that falsely asserted Trump had won the electoral college vote in those states instead of Joe Biden. The idea was to pressure then-Vice President Mike Pence to use those certificates in the electoral college certification instead of the genuine ones.
It’s unclear what aspect of Smith’s probe Trump could be indicted in, but potential charges could include:
- Charges of obstructing an official proceeding, which would be Congress’s January 6th session to count electoral college votes and certify Joe Biden’s victory (many Jan. 6 rioters have been charged on this count)
- Charges of defrauding the government – that would be a broader look at attempts to subvert the election results, such as the ‘fake electors’ scheme
- Insurrection under Section 2383 of Title 18, which makes it a crime to incite, assist or ‘aid and comfort’ an insurrection against the federal government. This is rarely charged, however, and has not yet been used against any of the Jan. 6 rioters
Trump, in his statement, repeated his claim that he is a victim of a ‘witch hunt’ and a weaponized federal government.
He wrote that ‘they have now effectively indicted me three times…. with a probably fourth coming from Atlanta’ and added in capital letters, ‘This witch hunt is all about election interference and a complete and total (political) weaponization of law enforcement!’
He also pointed out that he is ‘Joe Biden’s NUMBER ONE POLITICAL OPPONENT, who is largely dominating him in the race for the Presidency.’
The former president is scheduled to travel to Iowa on Tuesday, where he is taping a town hall with Fox News host Sean Hannity.
Special Counsel Jack Smith already charged Trump on 37 felony counts alleging he illegally kept classified records at his Mar-a-Lago estate
Jared Kushner (left), Trump’s son-in-law who served as a White House adviser, and Rudy Giuliani (right), Trump’s personal lawyer, have spoken with prosecutors
Trump was indicted last month on 37 felony counts alleging he illegally kept classified records at his Mar-a-Lago estate in Florida and refused government demands to give them back. Trump and his valet, Walt Nauta, who was also charged, have both pleaded not guilty.
A hearing in Trump’s classified documents criminal case is set for Tuesday in Florida federal court.
Trump’s attorneys have asked this any trial in that case take place after the 2024 election. Trump is leading the polls for the Republican presidential nomination. Smith’s prosecutors oppose that request to delay.
At Tuesday’s hearing, the judge will address the trial schedule but attorneys to discuss how they intend to handle the voluminous classified material expected to be evidence in the case.
Trump, as a presidential candidate, could be facing three – and possibly four -separate criminal trials as he campaigns to return to the White House.
The former president also is under criminal investigation by a Georgia state prosecutor for his attempt to get election officials there to reverse his loss to Joe Biden in that state.
The prosecutor in Georgia said she plans to present criminal charges in August.
And he was indicted in the state of New York in early April by Manhattan District Attorney Alvin Bragg with 34 felony counts of falsifying business records related to a hush money payment to porn star Stormy Daniels during the 2016 election.
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