What Donald Trump said about related allegations
Former President Donald Trump has entered a not guilty plea to four criminal charges related to his attempts to reverse the 2020 presidential election.
He was arrested and arraigned in the same Washington, DC, courthouse that had a direct view of the violence that erupted at the US Capitol on January 6, 2021, and where over 1,000 Trump supporters who took part in the insurrection have also appeared.
The former president will be released on very minimal conditions, which include not being allowed to communicate with anyone known to be a witness in the case unless through an attorney. The next hearing in the case was set for August 28, just five days after the first Republican presidential primary debate, highlighting the extraordinary times where the front-runner for the 2024 nomination has an unprecedented federal court schedule. Trump, addressing reporters before boarding his plane to return to his Bedminster, New Jersey, golf club, said the indictment is “a persecution of a political opponent. This was never supposed to happen in America.” Thursday’s historic scene follows two other court appearances Trump has made over the past few months in criminal cases: the New York state charges brought by the Manhattan district attorney’s office for his 2016 campaign hush money scheme, and the federal prosecution in Florida that special counsel Jack Smith is leading as well, alleging Trump mishandled classified documents.
Unlike those other cases, however, this hearing played out in a building that has been the central vehicle of accountability for the January 6 attack on democracy.
Day after day, the E. Barrett Prettyman Federal Courthouse has been where judges, defendants, lawyers, witnesses, jurors and court officials have had to constantly revisit the significance of the assault on Congress and what drove it.
It’s a dynamic that has weighed on Judge Beryl Howell, who recently stepped down from her role as the DC district court’s chief judge, a position that put her in charge of deciding many of the privilege disputes that ultimately allowed federal prosecutors to access key evidence in Smith’s case
“Just outside this courthouse … are visible reminders of the January 6 riot and assault on the Capitol,” Howell said at a January 2021 sentencing of a rioter.
During that proceeding, she stressed that the Capitol attack “was not a peaceful protest,” but rather, it was “hundreds of people” who “came to Washington, DC, to disrupt the peaceful transfer of power.”
The charges
Trump has denounced the ongoing special counsel investigation and charges as politically motivated since he’s the front-runner for the 2024 GOP presidential nomination.
He faces four counts, including conspiring to defraud the United States and to obstruct an official proceeding – the latter a charge that has already successfully been brought against rioters who breached the Capitol. In another charge brought against the former president, prosecutors are relying on a Reconstruction-era civil rights law that prohibits conspiracies to deprive a person of their rights – in this case, “the right to vote and have one’s vote counted.” Trump, the special counsel said in the indictment, “was determined to remain in power” after losing the 2020 election and, with six unindicted co-conspirators, orchestrated a plot to overturn the results on and leading up to January 6. Prosecutors argue that Trump exploited the “chaos” and the “violence” of January 6 in a bid to keep alive their efforts to overturn his electoral loss.
The indictment also alleges that Trump and his co-conspirators effectively deceived individuals from seven targeted states into creating and submitting certificates asserting they were legitimate electors.
Judge plans to set trial date at next hearing
Prosecutors urged for a quick trial at the hearing on Thursday, and for the case to follow the normal course. “This case will benefit from normal order, including speedy trial,” prosecutor Tom Windom said.
Magistrate Judge Moxila Upadhyaya said that federal Judge Tanya Chutkan – who will oversee the case – “plans to set a trial date at that first hearing on August 28.” John Lauro, an attorney for the former president, emphasized the “massive amount” of discovery they would need to review before suggesting a trial date. “We don’t know the scope of it,” Lauro said of the massive amount of discovery they expect in the case. “We are going to have to go through information … in order for us to properly address” when a trial date should be set.
“These are weighty issues,” Lauro said. “Obviously the United States has had three and a half years to investigate this matter. And also, there are a number of agents and lawyers assisting the government in this proceeding, and all that we would ask your honor is the time to fairly defend our client.”
Trump’s presence at the courthouse has been felt
Trump has already been a feature in the proceedings against the rioters, whose conduct that day was motivated in part by the election lies that underlay the charges that the former president now faces. Video of his speech at the Ellipse on January 6 have been played at numerous hearings. In the case brought against the Proud Boys, prosecutors fought hard to show the clip of the former president telling the far-right group at a September 2020 presidential debate to “stand back and stand by.” As a legal defense, the efforts by Capitol rioters to pin their actions on Trump have had limited success. But the argument has nonetheless been prevalent in pleas by riot defendants and their families for leniency. “My father’s name wasn’t on all the flags that were there that day, that everyone was carrying that day. He is not the leader,” the daughter of a rioter said tearfully at a sentencing proceeding last year.
The defendant, Guy Reffitt, was sentenced to 87 months in prison after bringing a gun to the Capitol during the riot and threatening House Speaker Nancy Pelosi. Metropolitan and US Capitol police officers are regularly seen in the building, often to appear as witnesses. Victims of the riot have repeatedly testified to the serious physical and mental injuries they suffered as a result of the assault.
“My physical scars, bruises and wounds have healed, but my mental trauma haunts me to this day,” Metropolitan Police Officer Christopher Owens told the court ahead of the sentencing of several Oath Keepers leaders who were convicted of seditious conspiracy and other charges. Some of the judges themselves have also opined on the role that Trump played, while his supporters who breached the Capitol that day have so far borne the brunt of the legal consequences.
After one rioter’s conviction, US District Judge Reggie Walton said that “our democracy is in trouble because unfortunately we have charlatans, like the former president, in my view, who don’t care about democracy and only care about power.” The defendant, Dustin Thompson, testified that he felt as if he was entering the Capitol at the directions of Trump. “If the President is giving you almost an order to do something, I felt obligated to do that,” Thompson said.
Another judge, Royce Lamberth, recently found rioter Alan Hostetter guilty of obstruction of an official proceeding – one of the charges Trump now faces – partly because of a minor leadership role Hostetter played among the crowd that day by shouting into a bullhorn to cheer on the crowd. “No reasonable citizen of this country, much less one with two decades of experience in law enforcement, could have believed it was lawful to use mob violence to impede a joint session of Congress,” the judge said.
Some of the judges have given misdemeanor defendants long probation terms, sometimes to keep them within the justice system past the next election. But Chutkan’s sentences for January 6 rioters are notably harsh among the district court’s, according to data provided by the Justice Department. Every one of the three dozen Capitol rioters she has sentenced got jail time, even when prosecutors didn’t request it
“The country is watching to see what the repercussions are for something that has never happened in the country before,” Chutkan said at an October 2021 sentencing. The defendant in that case, she remarked, “did not go to the United States Capitol out of any love for our country. … He went for one man.”
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