Donald Trump has been charged by the US Justice Department for trying to overturn the 2020 election. Photo / AP
Donald Trump was charged on Tuesday in a Justice Department investigation into his efforts to overturn the results of the 2020 presidential election, a frantic but ultimately failed endeavour that culminated in the violent riot by his supporters at the US Capitol.
The indictment, the third criminal case brought against the former president as he seeks to reclaim the White House in 2024, follows a long-running federal investigation into schemes by Trump and his allies to subvert the peaceful transfer of power and keep him in office despite a decisive loss to Joe Biden.
The criminal case comes while Trump leads the field of Republicans vying to capture their party’s presidential nomination. It is sure to be dismissed by the former president and his supporters — and even some of his rivals — as just another politically motivated prosecution. Yet the charges stem from one of the most serious threats to American democracy in modern history.
They focus on the turbulent two months after the November 2020 election in which Trump refused to accept his loss and spread lies that victory was stolen from him. The turmoil resulted in the US Capitol riot on January 6, 2021, when Trump loyalists violently broke into the building, attacked police officers and disrupted the congressional counting of electoral votes.
In between the election and the riot, Trump urged local election officials to undo voting results in their states, pressured former Vice President Mike Pence to halt the certification of electoral votes and falsely claimed that the election had been stolen — a notion repeatedly rejected by judges.
The indictment had been expected since Trump said in mid-July that the Justice Department informed him he was a target of its long-running January 6 investigation. A bipartisan House committee that spent months investigating the run-up to the Capitol riot also recommended prosecuting Trump on charges, including aiding an insurrection and obstructing an official proceeding.
"Today's indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States."
— Zachary Cohen (@ZcohenCNN) August 1, 2023
Mike Pence on latest Trump indictment: pic.twitter.com/8aGaCiKSRq
The mounting criminal cases against Trump — not to mention multiple civil cases — are unfolding in the heat of the 2024 race. A conviction in this case, or any other, would not prevent Trump from pursuing the White House or serving as president.
In New York, state prosecutors have charged Trump with falsifying business records about a hush money pay off to a porn actor before the 2016 election. The trial begins in late March.
In Florida, the Justice Department has brought more than three dozen felony counts against Trump, accusing him of illegally possessing classified documents after leaving the White House and concealing them from the government. The trial begins in late May.
The latest federal indictment against Trump focuses heavily on actions taken in Washington, and the trial will be held there, in a courthouse located between the White House he once occupied and the Capitol his supporters once stormed. No trial date has been set.
Prosecutors in Georgia are investigating efforts by Trump and his allies to reverse his election loss to Biden there in 2020. The district attorney of Fulton County is expected to announce a decision on whether to indict the former president in early August.
The investigation of Trump’s efforts to overturn the 2020 election was led by Justice Department special counsel Jack Smith. His team of prosecutors has questioned senior Trump administration officials before a grand jury in Washington, including Pence and top lawyers from the Trump White House.
Rudy Giuliani, a Trump lawyer who pursued post-election legal challenges, spoke voluntarily to prosecutors as part of a proffer agreement, in which a person’s statements can’t be used against them in any future criminal case that is brought.
Prosecutors also interviewed election officials in Georgia, Wisconsin, Michigan and elsewhere who came under pressure from Trump and his associates to change voting results in states won by Biden, a Democrat.
Focal points of the Justice Department’s election meddling investigation included the role played by some of Trump’s lawyers, post-election fundraising, a chaotic December 2020 meeting at the White House in which some Trump aides discussed the possibility of seizing voting machines and the enlistment of fake electors to submit certificates to the National Archives and Congress falsely asserting that Trump, not Biden, had won their states’ votes.
Trump has been trying to use the mounting legal troubles to his political advantage, claiming without evidence on social media and at public events that the cases are being driven by Democratic prosecutors out to hurt his 2024 election campaign.
The indictments have helped his campaign raise millions of dollars from supporters, though he raised less after the second than the first, raising questions about whether subsequent charges will have the same impact.
A fundraising committee backing Trump’s candidacy began soliciting contributions just hours after the ex-president revealed he was the focus of the Justice Department’s January 6 investigation, casting it as “just another vicious act of Election Interference on behalf of the Deep State to try and stop the Silent Majority from having a voice in your own country”.
Attorney General Merrick Garland last year appointed Smith, an international war crimes prosecutor who also led the Justice Department’s public corruption section, as special counsel to investigate efforts to undo the 2020 election and Trump’s detention of hundreds of classified documents at his Palm Beach, Florida, home, Mar-a-Lago. Although Trump has derided him as “deranged” and suggested that he is politically motivated, Smith’s past experience includes overseeing significant prosecutions against high-profile Democrats.
The Justice Department’s investigation into the efforts to overturn the 2020 election began well before Smith’s appointment, proceeding alongside separate criminal probes into the January 6 rioters themselves.
More than 1000 people have been charged in connection with the insurrection, including some with seditious conspiracy.