The biggest news this week, and arguably so far this year, is reporting that Donald Trump has become the first former president to be charged by the government with federal crimes. Notably, the public has yet to see an unsealed indictment, and we have yet to hear public comments from Special Counsel Jack Smith and Justice Department officials on the reported historic charges in the Mar-a-Lago investigation into whether Trump willfully kept classified national defense secrets and potential obstruction of justice. Trump was the first to break news of his indictment by doing so in social media posts on Truth Social, and he is expected to be arraigned in a Miami, Florida courthouse this Tuesday.
Reports of federal criminal charges against Trump follow public momentum this past week in Special Counsel Jack Smith’s probe into Trump’s handling of classified documents after leaving office, with testimonies heard by a federal grand jury and crucial evidence acquired, including a tape recording featuring Trump acknowledging he retained still classified material. In a second notable criminal investigation into Donald Trump, Trump’s actions during the 2020 election continue to be scrutinized, particularly in Georgia. Notably, firms initially hired by Trump’s campaign may now aid Fulton County prosecutors by providing valuable information for the ongoing examination of potential election interference. Lastly, the fallout from the January 6 riot persists, with mitigated sentences handed to two Oath Keepers for seditious conspiracy and further arrests, including Hollywood actor Jay Johnston. Despite ongoing prosecutions, experts warn of the enduring threat of political violence, underscoring the need for continued vigilance and resolve in upholding our democratic institutions.
Here’s what you need to know for the weekend:
Main Points for the Weekend:
1. News of Donald Trump’s Federal Indictment
The special counsel investigation, led by Jack Smith, into former President Donald Trump’s handling of classified documents after leaving office and questions of obstruction as well as conspiracy culminated this week with news of several federal criminal charges by a grand jury in Federal District Court in Miami. Ahead of the reported indictment, a historic first for a former president, the investigation had seen significant developments, including a federal grand jury in Miami hearing witness testimonies, high-profile figures like Taylor Budowich and Mark Meadows presumably providing evidence, and former Attorney General Bill Barr refuting Trump’s claims that the investigation is a “witch hunt.”
- Top point to make: News of federal charges against Donald Trump, reportedly seven counts including violation of the Espionage Act and conspiracy to obstruct justice, is indeed a grave matter. As we continue to learn more, it’s important to keep in mind Donald Trump’s proclivity in trying to dominate media coverage about his legal entanglements and fill information voids with strenuous assertions that lack a factual basis – as we saw in his reaction to the FBI’s search of Mar-a-Lago last year where he made “false and misleading statements.” The brisk public pace at which this case has unfolded over the past week underscores its urgency as well as the effectiveness of our country’s legal system. While the whirlwind of media attention and political personalities involved may cloud the underlying issues, the heart of the matter lies in the allegations that Trump may have been reckless with sensitive information and tried to act as if above the law. Accountability for any and all wrongdoing and applying the law equally, safeguarding our national security, and preserving the integrity of the highest office in the nation are essential: it’s imperative that the Justice Department’s work continue unimpeded.
- If you read one thing: New York Times, 6/8/23: Trump Is Charged in Classified Documents Inquiry: Trump is the first former president in U.S. history to face federal charges. The Justice Department on Thursday took the legally and politically momentous step of lodging federal criminal charges against former President Donald J. Trump, accusing him of mishandling classified documents he kept upon leaving office and then obstructing the government’s efforts to reclaim them. Mr. Trump confirmed on his social media platform that he had been indicted. The charges against him include willfully retaining national defense secrets in violation of the Espionage Act, making false statements and a conspiracy to obstruct justice, according to two people familiar with the matter. The Justice Department made no comment and did not immediately make the indictment public. The indictment, handed up by a grand jury in Federal District Court in Miami, is the first time a former president has faced federal charges.
2. Trump’s Hired Firms in 2020 Fraud Probe Could Aid Fulton County Prosecutors’ Examination of Potential Election Interference
Investigations continue into former President Donald Trump’s efforts to challenge the 2020 election results, with a focus on his actions in Georgia. Firms hired by Trump’s campaign, Simpatico Software Systems and Berkeley Research Group, may assist Fulton County prosecutors in determining the validity of allegations against Trump. These firms were paid around $1.5 million to investigate supposed voter fraud, but did not substantiate any claims. Their reports, however, could provide information valuable to Fulton District Attorney Fani Willis’ probe into possible racketeering charges related to attempts to overturn election results. Meanwhile, as potential federal indictments loom, congressional allies of Trump prepare a defense, accusing potential prosecutors of political bias. This comes as multiple legal investigations are underway, including a broader probe into Trump’s activities under the RICO statute in Georgia and other states.
- Top point to make: While the case concerning classified documents involving former President Trump has dominated recent headlines, it’s crucial not to overlook the ongoing investigation in Georgia regarding his alleged interference in the 2020 elections. Many legal experts consider the Georgia case to be among the most potent against Trump. The Fulton County District Attorney’s deliberate pace in this investigation, despite any pressure for a swift resolution, is likely indicative of a rigorous effort to compile a solid case. Fundamentally, the sanctity of our democracy hinges on the integrity of our elections. If they are not conducted freely and fairly, it undermines the democratic fabric of our nation. Public faith in the electoral system is paramount, and any attempts to subvert this process must be met with full accountability. If the allegations against Trump prove to be true, he must face the legal consequences of such actions to preserve trust in our electoral process and uphold democratic principles.
- If you read one thing: Atlanta Journal-Constitution, 6/8/23: Firms Trump hired to investigate fraud claims could help Fulton DA: A pair of firms that vetted voter fraud claims for Donald Trump’s 2020 campaign could help Fulton County prosecutors determine whether the former president and his allies had corrupt intent when they pressured officials to overturn the results of the election in Georgia. But the companies may not provide the kind of smoking gun evidence that Trump’s biggest critics are searching for, some legal observers say.
3. Latest Developments in Jan. 6 Case: Mitigated Sentences for Junior Oath Keepers and Continuing Arrests
The continued fallout from the January 6, 2021, attack on the U.S. Capitol has resulted in numerous court cases and prosecutions. Two more members of the Oath Keepers, David Moerschel and Joseph Hackett, have been handed sentences of less than four years each for seditious conspiracy by Judge Amit P. Mehta, marking a divergence from federal guidelines that sought longer terms. Other notable arrests include Peter G. Moloney, a Long Island funeral home owner, charged for his aggressive actions during the riot, including assaulting law enforcement and media personnel. In addition, Hollywood actor Jay Johnston, known for roles in “Arrested Development” and “Bob’s Burgers,” was also charged in connection to the Capitol attack. Despite these legal repercussions, the threat of political violence remains, fueled by divisive politics.
- Top point to make: Although the process of bringing the January 6 riot participants to justice seems protracted, it is critical that our determination to hold them accountable does not falter. We must ensure that the consequences are substantial, deterring any repeat of such actions. This is not a matter of punitive action but an imperative to secure our democracy. As we enter a phase that experts warn could be fraught with escalating violence, particularly if incited by influential political figures, the stakes are higher than ever. We must clearly delineate our stance, stating unequivocally that an insurrection is intolerable.
- If you read one thing: Washington Post, 6/8/23: Jan. 6 cases yield courtroom wins but no change in extremist threat: More than two years after the Jan. 6, 2021, attack on the U.S. Capitol, the seditious conspiracy convictions of members of the far-right Proud Boys and Oath Keepers have raised new possibilities for prosecuting domestic terrorism cases. Still, the threat of political violence remains stubbornly present as the biggest cases from the Justice Department’s aggressive pursuit of rioters wind down. Despite video evidence of vicious beatings during the insurrection and witness testimony about pre-rally planning for an assault, [Donald Trump remains] the Republican Party’s most powerful figure.
Expert Voices
States United Democracy Center, Protect Democracy, and Law Forward: “[T]he danger of a democracy crisis has not passed. In only the first few months of the 2023 state legislative year, from January 1 through May 3, we have identified 185 bills in 38 states that would increase the risk of election subversion—a pace roughly on par with that of the previous two years.” Report: A Democracy Crisis In The Making | NBC: States have introduced nearly 200 bills this year to ‘subvert’ elections, report finds
Michael Podhorzer, former political director for the AFL-CIO: “Republicans have lost because of the emerging anti-MAGA majority consisting of those who did not vote in 2016. The literally unprecedented surge in new voters over the last three elections has two components: 1) young people are aging into the electorate, and are voting at a higher rate than previous generations at their age, and reject MAGA by 20-point margins, and 2) those who skipped 2016 (the so-called “Obama-none” voters). Those margins with young voters have two components – that young voters are much more diverse than the rest of the population, and young white people are far more anti-MAGA than their parents.” Substack: Weekend Reading
Laurence Tribe, Carl M. Loeb University Professor Emeritus at Harvard University, and Dennis Aftergut, former federal prosecutor: “In charges resulting from the special counsel’s investigation, we finally see a constitutional system asserting itself full force over a defiant scofflaw. History tells us that strong institutions prevail over strong personalities in such battles, at least when institutional values are backed by the beliefs and actions of dedicated citizens.” The Bulwark
Joyce Vance, former US attorney: “Trump will have the tools available to him that any other criminal defendant would have — but really nothing more at this point. Although every judge sets their own pace, Miami, the Southern District of Florida, is known to be a rocket docket. They move cases quickly. This perhaps won’t go as quickly as the 70-some odd days that the Speedy Trial Act allows from the time of arraignment to trial. But this is not a court that tolerates a lot of efforts to slow down its docket. So Trump will certainly file preliminary motions trying to get this indictment dismissed. I think we should expect that. He will try to position them so that they can be appealed to the 11th Circuit Court of Appeals in advance of a trial. And there are some issues where you can rightfully take that sort of an appeal and others where you cannot. But the important thing about the 11th circuit, which is deeply conservative, is that it has already considered the former president’s delayed tactics twice and rejected them.” MSNBC
