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TRENDING TRUMP INDICTED ABOVE AND BEYOND DEMOCRACY '24 AI

Donald Trump Published August 1, 2023 5:25pm EDT

Trump indicted on charges out of

Special Counsel probe into Jan. 6
This is the second federal indictment Trump faces out of Special Counsel Jack Smith's investigation

By Brooke Singman Fox News

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The trial will take place on May 20, 2024, just months before the presidential election.

FIRST ON FOX: Former President Trump was indicted Tuesday on charges stemming from
Special Counsel Jack Smith's investigation into the Capitol riot on Jan. 6, 2021.

Trump was indicted on four federal charges out of the probe, including conspiracy to
defraud the United States; conspiracy to obstruct an official proceeding; obstruction of
and attempt to obstruct an official proceeding; and conspiracy against rights.

Trump has been ordered to appear in federal court in Washington D.C. for his arraignment
on Thursday, Aug. 3, at 4:00 p.m.

This is the second federal indictment the former president faces out of Smith’s
investigation. Trump, who leads the 2024 GOP presidential primary field, has already
pleaded not guilty to 37 counts related to his alleged improper retention of classified
records from his presidency.

Those charges include willful retention of national defense information, conspiracy to

obstruct justice and false statements. Trump was charged with an additional three counts
as part of a superseding indictment out of that probe last week.

This is the second time in U.S. history that a former president has faced federal criminal
charges.

"The Defendant, Donald J. Trump, was the forty-fifth President of the United States and a
candidate for re-election in 2020. The Defendant lost the 2020 presidential election,"
Smith’s indictment states. "Despite having lost, the Defendant was determined to remain
in power."

Smith alleged that "for more than two months following election day on November 3,
2020," Trump "spread lies that there had been outcome-determinative fraud in the election
and that he had actually won." It lists various claims Trump's team made during post-
state challenges in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

"These claims were false, and the Defendant knew that they were false," Smith alleged.
"But the Defendant repeated and widely disseminated them anyway — to make his
knowingly false claims appear legitimate, create an intense national atmosphere of
mistrust and anger, and erode public faith in the administration of the election."

Smith alleged that Trump, between Nov. 14, 2020 and Jan. 20, 2021, "did knowingly
combine conspire, confederate, and agree with co-conspirators, known and unknown to
the Grand Jury, to defraud the United States by using dishonest, fraud and deceit to impair,
obstruct and defeat the lawful federal government function by which the results of the
presidential election are collected, counted, and certified by the federal government."

There are six unnamed co-conspirators in the indictment.

Reacting to the charges, a Trump campaign spokesperson told Fox News Digital that "this
is nothing more than the latest corrupt chapter in the continued pathetic attempt by the
Biden Crime Family and their weaponized Department of Justice to interfere with the 2024
Presidential Election, in which President Trump is the undisputed frontrunner, and leading
by substantial margins."

TRUMP SAYS HE IS DOJ JAN. 6 GRAND JURY INVESTIGATION TARGET

Former President Trump remains the frontrunner for the 2024 Republican nomination. (SUZANNE CORDEIRO/AFP via Getty
Images)

"But why did they wait two and a half years to bring these fake charges, right in the middle
of President Trump’s winning campaign for 2024? Why was it announced the day after the
big Crooked Joe Biden scandal broke out from the Halls of Congress?" the spokesperson
asked.

"The answer is, election interference!" the spokesperson continued. "The lawlessness of
these persecutions of President Trump and his supporters is reminiscent of Nazi Germany
in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes."

"President Trump has always followed the law and the Constitution, with advice from
many highly accomplished attorneys," the spokesperson said. "These un-American witch
hunts will fail and President Trump will be re-elected to the White House so he can save
our Country from the abuse, incompetence, and corruption that is running through the
veins of our Country at levels never seen before."

The spokesperson added: "Three years ago we had strong borders, energy independence,
no inflation, and a great economy. Today, we are a nation in decline. President Trump will
not be deterred by disgraceful and unprecedented political targeting!"

The indictment comes after Trump had announced he received a target letter from the
Justice Department, which also asked that he report to the federal grand jury. Trump said
he anticipated "an arrest and indictment."

TRUMP PLEADS NOT GUILTY TO 37 FEDERAL FELONY CHARGES IN CLASSIFIED

RECORDS CASE

Trump supporters occupy the West Front of the Capitol and the inauguration stands on Wednesday, Jan. 6, 2021. (Bill
Clark/CQ-Roll Call, Inc via Getty Images)

Smith was investigating whether Trump or other officials and entities interfered with the
peaceful transfer of power following the 2020 presidential election including the ,

certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of
Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him again and
ultimately voted to impeach him on a charge of inciting an insurrection for the Jan. 6
Capitol riot — making him the first and only president in history to be impeached, and
ultimately acquitted, twice.

The Senate voted to acquit, but had Trump been convicted, the Senate would have moved
to bar the 45th president from holding federal office ever again, preventing a 2024 White
House run.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from
Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying
business records related to hush-money payments made during the 2016 campaign.

DURHAM FINDS DOJ, FBI 'FAILED TO UPHOLD' MISSION OF 'STRICT FIDELITY TO THE
LAW' IN TRUMP-RUSSIA PROBE

Three men were arrested on charges alleging they clashed with police officers during the Jan. 6, 2021 Capitol riot. (Photo
by Celal Gunes/Anadolu Agency via Getty Images)

Elsewhere, prosecutors in Fulton County, Ga. are looking to wrap up their criminal
investigation into Trump's alleged efforts to overturn the 2020 presidential election in the
state.

A special grand jury in Fulton County, Georgia, released portions of a report detailing
findings from the investigation earlier this year, which indicated a majority of the grand jury
believes one or more witnesses may have committed perjury in their testimony and
recommends that prosecutors pursue indictments against them, if the district attorney
finds the evidence compelling.

The special grand jury spent about seven months hearing testimony from witnesses,
including high-profile Trump allies, such as attorney Rudy Giuliani and Sen. Lindsey
Graham of South Carolina, and high-ranking Georgia officials, including Raffensperger and
Gov. Brian Kemp.

This is a breaking news story. Please check back for updates.

Brooke Singman is a Fox News Digital politics reporter. You can reach her at
Brooke.Singman@Fox.com or @BrookeSingman on Twitter.

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