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    Former Proud Boys leader sentenced to 22 years over US Capitol attack

    The former Proud Boys leader Enrique Tarrio was sentenced to 22 years in prison on Tuesday for his part in the failed plot to keep Donald Trump in power after the 2020 election.Prosecutors sought a 33-year term. The judge did not agree but nonetheless handed down the longest sentence yet in a case relating to 2020 and the January 6 Capitol attack. The longest sentence previously handed down was 18 years, to both Ethan Nordean, a member of the Proud Boys, and Stewart Rhodes, the founder of the Oath Keepers militia.Tarrio was a top target in one of the most important cases prosecuted by the US justice department over the deadly attack on Congress on 6 January 2021.In May, Tarrio and three lieutenants were convicted of charges including seditious conspiracy, a civil-war-era offense previously rarely brought but now levied against members of far-right groups that took part in the January 6 attack.In remarks to the court in Washington, Tarrio said he was sorry for the events of January 6, and credited police officers for their bravery in resisting the attack.“What happened on January 6 was a national embarrassment,” Tarrio said, adding that he both now knew Trump lost to Joe Biden and blamed himself for actions that led to him losing his freedom.Becoming emotional, Tarrio said: “I do not think what happened that day was acceptable.”He pleaded with the judge, Timothy Kelly, for leniency. “Please show me mercy,” Tarrio said. “I ask you that you not take my 40s from me.”Kelly emphasised the damage done.“That day broke our previously unbroken tradition of peacefully transferring power,” he said. “That previously unbroken tradition is broken now, and it’s going to take time and effort to fix it.”Before handing down the sentence, the judge said he did not see any indication that Tarrio was remorseful for what he was convicted of, adding that there was a strong need to send a signal to others.“It can’t happen again,” Kelly said.The case was one of the most significant prosecutions in the federal investigation of the attack on Congress, which saw supporters of Trump shock the world with their attempt to overturn Joe Biden’s victory.The Proud Boys are a so-called “western chauvinist” group, often involved in street fighting with leftwing activists. Tarrio was involved in the run-up to the January 6 insurrection but did not take part in the violence. Before members of the Proud Boys joined thousands in storming the Capitol as lawmakers met to certify Biden’s victory, Tarrio was arrested and ordered to leave Washington. But prosecutors showed he organised and led from afar.skip past newsletter promotionafter newsletter promotion“Using his powerful platform, Tarrio has repeatedly and publicly indicated that he has no regrets about what he helped make happen on January 6,” prosecutors said.Tarrio’s lawyers denied the Proud Boys had any plan to attack the Capitol, arguing that prosecutors used Tarrio as a scapegoat for Trump, who spoke at a “Stop the Steal” rally near the White House on January 6, urging supporters to “fight like hell”.The justice department has charged Trump with conspiring to subvert American democracy. But the Tarrio case and hundreds of others stand as vivid reminders of the chaos fueled by Trump’s lies, including the storming of the Capitol in an attempt to thwart the peaceful transfer of power, a riot now linked to nine deaths including suicides among law enforcement.Urging a lenient sentence, Tarrio’s lawyers noted that he has a history of cooperating with law enforcement. Court records uncovered in 2021 showed that Tarrio worked undercover and cooperated with investigators after he was accused of fraud in 2012.During the riot, however, Tarrio posted encouraging messages on social media, expressing pride and urging followers to stay at the Capitol. He posted a picture of rioters in the Senate chamber with the caption “1776”, the year of the Declaration of Independence.Several days before the riot, a girlfriend sent Tarrio a document entitled “1776 Returns”. It called for storming and occupying government buildings, “for the purpose of getting the government to overturn the election results”, prosecutors said.More than 1,100 people have been charged in relation to the Capitol attack. More than 600 have been sentenced, more than half receiving prison terms.The Associated Press contributed to this report More

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    How Many of Trump’s Trials Will Happen Before the Election?

    Donald J. Trump is the target of four separate criminal indictments, but the prosecutions could drag on for months or even years.Three different prosecutors want to put Donald J. Trump on trial in four different cities next year, all before Memorial Day and in the midst of his presidential campaign.It will be nearly impossible to pull off.A morass of delays, court backlogs and legal skirmishes awaits, interviews with nearly two dozen current and former prosecutors, judges, legal experts and people involved in the Trump cases show. Some experts predicted that only one or two trials will take place next year; one speculated that none of the four Trump cases will start before the election.It would be virtually unheard of for any defendant to play a game of courthouse Twister like this, let alone one who is also the leading contender for the Republican nomination for the presidency. And between the extensive legal arguments that must take place before a trial can begin — not to mention that the trials themselves could last weeks or months — there are simply not enough boxes on the calendar to squeeze in all the former president’s trials.“This is something that is not normal,” said Jeffrey Bellin, a former federal prosecutor in Washington who now teaches criminal procedure at William & Mary Law School and believes that Mr. Trump might only be on trial once next year. “While each of the cases seems at this point to be strong, there’s only so much you can ask a defendant to do at one time.”Any delay would represent a victory for Mr. Trump, who denies all wrongdoing and who could exploit the timeline to undermine the cases against him. Less time sitting in a courtroom equals more time hitting the campaign trail, and his advisers have not tried to hide that Mr. Trump hopes to overcome his legal troubles by winning the presidency.If his lawyers manage to drag out the trials into 2025 or beyond — potentially during a second Trump administration — Mr. Trump could seek to pardon himself or order his Justice Department to shut down the federal cases. And although he could not control the state prosecutions in Georgia or Manhattan, the Justice Department has long held that a sitting president cannot be criminally prosecuted, which very likely applies to state cases as well.Ultimately, the judges overseeing the four cases might have to coordinate so that Mr. Trump’s lawyers can adequately prepare his defense without needlessly delaying the trials. Judges are permitted under ethics rules to confer with one another to efficiently administer the business of their courts, experts said, and they periodically do so.“The four indictments can appear to resemble four cars converging on an intersection that has no lights or stop signs — but that won’t happen,” said Stephen Gillers, a legal ethics professor at New York University School of Law. “Well before the intersection, the judges will figure it out.”For now, Mr. Trump’s court schedule looks to be nearly as crowded as his campaign calendar, with potential trials overlapping with key dates in the Republican primary season. Claiming he is a victim of a weaponized justice system that is seeking to bar him from office, Mr. Trump may end up bringing his campaign to the courthouse steps.A federal special counsel, Jack Smith, has proposed Jan. 2 of next year (two weeks before the Iowa caucuses) as a date for Mr. Trump to stand trial in Washington on charges of conspiring to overturn the 2020 election. In a Thursday night court filing, Mr. Trump’s lawyers countered with a proposed date of April 2026.Fani T. Willis, the Fulton County, Ga., district attorney who this week announced racketeering charges against Mr. Trump, accusing him of orchestrating a “criminal enterprise” to reverse Georgia’s election results, wants that trial to begin on March 4 (the day before Super Tuesday).It is possible that the election interference case brought against Mr. Trump by special counsel Jack Smith may be given scheduling priority, the experts said.Doug Mills/The New York TimesMr. Smith’s recent case in Washington, and Ms. Willis’s in Georgia, were filed after Mr. Trump was already scheduled for two additional criminal trials next spring: in New York, on March 25, on state charges related to a hush-money payment to the porn star Stormy Daniels; and in Florida, on May 20, on federal charges brought by Mr. Smith accusing Mr. Trump of mishandling classified material after leaving office.Although the New York and Florida indictments were unveiled earlier, affording them first crack at the calendar, some experts now argue that they should take a back seat to the election-related cases, in Georgia and Washington, in which the charges strike at the core of American democracy. Trial scheduling is not always a first-come, first-served operation, and deference could be given to the most serious charges.In a radio interview last month, the Manhattan district attorney, Alvin L. Bragg, said that having been the first to indict did not necessarily mean he would insist on being the first to put the former president on trial. However, he said, the judge in the case, Juan M. Merchan, ultimately controls the calendar.“We will follow the court’s lead,” Mr. Bragg said.There has not yet been any direct communication among judges or prosecutors about moving the Manhattan case, according to people with knowledge of the matter.Still, Mr. Bragg’s comments suggest that he would not oppose moving the Manhattan case, which carries a lesser potential punishment than the three others, backward in line.“My own belief is Alvin Bragg will be true to his word and remain flexible in the interests of justice,” said Norman Eisen, who worked for the House Judiciary Committee during Mr. Trump’s first impeachment and believes that prosecutors might be able to squeeze in three Trump trials next year.And Mr. Eisen, now a senior fellow at the Brookings Institution, argued that voters deserve to know whether Mr. Trump was convicted of subverting the will of the people in the previous election before they vote in the next one.“There could not be a more important question confronting the country than whether a candidate for the office of the presidency is innocent or guilty of previously abusing that office in an attempted coup,” he said.The most likely candidate to take over Mr. Bragg’s March trial date would be Mr. Smith and his election interference case. Recently, nearly a dozen Republican-appointed former judges and high-ranking federal officials submitted a brief to the judge overseeing that case, arguing that the trial should take place in January as Mr. Smith has proposed and citing a “national necessity” for a “fair and expeditious trial.”But this is the case in which Mr. Trump’s lawyers have asked for a 2026 trial date, citing the voluminous amount of material turned over by the government — 11.5 million pages of documents, for example — that the defense must now review. Mr. Trump’s lawyers estimated that to finish by the prosecution’s proposed January trial date would mean reading the equivalent of “Tolstoy’s ‘War and Peace,’ cover to cover, 78 times a day, every day, from now until jury selection.”In that case, Mr. Smith brought a narrow set of charges against Mr. Trump in connection with efforts to overturn the 2020 election, totaling four felony counts, and with no co-defendants.In contrast, Ms. Willis’s election case is a sweeping 98-page indictment of not only Mr. Trump, who faces 13 criminal counts, but also 18 co-defendants, including Mark Meadows, the former White House chief of staff, and Rudolph W. Giuliani, the former mayor of New York City. Already, Mr. Meadows has petitioned for his case to be moved from state to federal court, and other defendants are likely to follow suit. That process could take months and could be appealed to the U.S. Supreme Court, probably making Ms. Willis’s proposed trial date of March 4 something of a long shot.In contrast to the relatively narrow election interference case brought by Mr. Smith in federal court, Fani T. Willis, the Fulton County, Ga., district attorney, has charged Mr. Trump and his associates with a multitude of felonies related to the 2020 presidential election.Nicole Craine for The New York TimesThe sheer size of Mr. Trump’s Georgia case, and the fact it was the last of the four cases to be brought, suggests any Georgia trial of Mr. Trump could be delayed even beyond next year.It is exceedingly rare for a criminal defendant to face so many trials in such a concentrated period of time. The once high-flying lawyer Michael Avenatti seemed to be heading for three federal trials after he was charged in Manhattan in 2019 in a scheme to extort the apparel giant Nike; and, separately, with stealing money from Ms. Daniels, a former client; and in California, with embezzling money from other clients. (He was eventually convicted in the New York trials and pleaded guilty in the California case.)E. Danya Perry, a lawyer who represented Mr. Avenatti in the Nike case, the first to go to trial, said the challenge was “sequencing the cases in a way that would be most advantageous” to her client. And because there was some overlap in the evidence, she said, the defense had to be careful not to open the door for prosecutors to introduce evidence against Mr. Avenatti from another of the cases.“You’re not just trying the case in front of that particular judge,” Ms. Perry said. “Evidence from one case could bleed into other cases.”Before any trial, Mr. Trump’s cases are also likely to become bogged down as his lawyers review and potentially argue over large amounts of documents and other case material turned over by the government. Certain judicial rulings could also lead to drawn-out pretrial appeals.In the Florida documents case, disputes over the use of classified information could delay the proceeding as well. And in the federal court in Washington, which is already contending with lengthy backlogs amid prosecutions of hundreds of Jan. 6 rioters, Mr. Trump’s lawyers have suggested they plan to litigate complex constitutional issues, including whether some of Mr. Trump’s false claims about the election were protected by the First Amendment.Even the jury selection process could drag on for weeks or months, as courts summon huge pools of prospective jurors for questioning over whether they harbor bias in favor of or against the polarizing former president.Michael B. Mukasey, a former U.S. attorney general and longtime Manhattan federal judge, said because of the complex issues raised in all four of Mr. Trump’s cases, “I think the odds are slim to none that any of them gets to trial before the election.”And Mr. Trump’s criminal cases are not the only courtroom battles he’s waging.In October, he faces trial in a civil suit filed by Attorney General Letitia James of New York, accusing him, his company and three of his children of a “staggering” fraud in overvaluing his assets by billions of dollars. In January, Mr. Trump faces two civil trials arising from private lawsuits: one a defamation claim by the writer E. Jean Carroll and the other accusing him of enticing people into a sham business opportunity.“We fully expect both cases to go to trial in January 2024,” said Roberta A. Kaplan, the plaintiffs’ lawyer in the two private suits.Although Mr. Trump need not be in court for the civil cases, he almost certainly will have to attend the criminal trials, said Daniel C. Richman, a former Manhattan federal prosecutor and now a professor at Columbia Law School.“If you asked all the prosecutors in each case, they’d firmly and sincerely say that they want these trials to happen in the first half of 2024,” Mr. Richman said. “But wishing does not make it so.”Maggie Haberman More

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    Donald Trump: threatening social media post flagged by prosecutors in court filing

    US prosecutors have used a court filing to flag a social media post from Donald Trump, arguing that it suggests he might intimidate witnesses by improperly disclosing confidential evidence received from the government.The justice department on Friday asked a federal judge overseeing the criminal case against the former president to step in after he released a post online that appeared to promise revenge on anyone who goes after him.On his Truth Social site, the former president wrote, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” on Friday afternoon, a day after he pleaded not guilty to charges that he orchestrated a criminal conspiracy to try to reverse his 2020 election loss to Democrat Joe Biden.In the filing in the Washington federal court, the office of special counsel Jack Smith said Trump’s post raised concerns that he might publicly reveal secret material, such as grand jury transcripts, obtained from prosecutors.Under the process known as discovery, prosecutors are required to provide defendants with the evidence against them so they can prepare their defense.“It could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,” prosecutors wrote, noting that Trump has a history of attacking judges, attorneys and witnesses in other cases against him.The prosecutors’ filing asked US district judge Tanya Chutkan to issue a protective order prohibiting Trump and his lawyers from sharing any discovery materials with unauthorized people.Protective orders are routine in cases involving confidential documents, but prosecutors said it was particularly important to restrict public dissemination, given Trump’s social media statements.At his arraignment on Thursday, Trump swore not to intimidate witnesses or communicate with them without legal counsel present.A Trump spokesperson issued a statement defending the former president’s social media post.“The Truth post cited is the definition of political speech, and was in response to the Rino, China-loving, dishonest special interest groups and Super Pac’s,” the statement said.Trump has also pleaded not guilty in two other criminal cases. He faces federal charges in Miami for allegedly retaining classified documents after leaving office and obstructing justice, and state charges in Manhattan for allegedly falsifying business records to hide hush money payments to a porn star.He faces a possible fourth indictment in Georgia, where Atlanta prosecutors have been investigating his efforts to overturn the election results there.Trump has portrayed all of the investigations as part of a political witch-hunt intended to stymie his 2024 campaign.Reuters and Associated Press contributed to this report More

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    Crowds gather under stormy skies for glimpse of Trump in court – again

    After hearing that Donald Trump would appear at a federal courthouse in downtown Washington to answer charges filed against him for attempting to overturn the 2020 election, Joan Batista made plans to be outside, celebrating what she viewed as the former president’s long overdue comeuppance.But when she arrived at the E Barrett Prettyman US courthouse, what she saw bothered her. City trucks equipped with snow plows blocked roads, hundreds of police monitored the building’s entrances and reporters from all around the world ringed its perimeter, hoping for a glimpse of the former president.“It’s a little embarrassing,” Batista, a veteran of many demonstrations in and around the Capitol, told the Guardian. Even though Trump was finally having to answer for his attempts to prevent Joe Biden from taking office, the fact that it had come to this bothered her. So, too, did the fact that despite facing the most serious criminal charges against a former American president in history, Trump appears to remain the most popular man in the Republican party.“It’s not a regular celebration,” Batista conceded, seated in a plaza outside the courthouse where demonstrators boogied to Enur’s reggae fusion hit Calabria 2008. “It shouldn’t have taken this long, and the special treatment is a little troublesome, because he should be held today.”The former president’s appearance Thursday under stormy skies and just steps from the Capitol his supporters attacked on January 6 satisfied few of those who turned up to witness it. Road closures and a huge police presence meant his motorcade was mostly out of the crowd’s sight when it arrived, and only a few members of the public made it into the courtroom where Trump entered not guilty pleas to the four charges brought against him by special prosecutor Jack Smith.There was no sign the former president saw the handful of supporters waving flags reading “TRUMP WON”, nor the demonstrators in prison stripes or the man wearing an inflatable Trump costume with the words “LOSER” written across the front.“It was also very sad driving through Washington and seeing the filth and the decay, and all of the broken buildings and walls and the graffiti,” Trump told reporters in brief remarks on the tarmac of the Virginia airport he departed from after his court appearance. “This is not the place that I left.”It is a place, however, that Trump is strenuously working to return to. He has vowed to press on with his presidential campaign despite his mounting legal troubles, and polls indicate most Republicans are ready to help him get back into the White House.“It is totally unfair, and that’s why [Smith] indicted him several times and this is another one. It’s just bringing him more and more strength and more popularity,” said Daniel Demoura, as he carried a pole from which several Trump flags flew.Standing on a traffic island surrounded by a mix of reporters, police and curious tourists, the 32-year-old said it felt like “a circus, because I see a lot of people being crazy, making some weird jokes that doesn’t make sense and people dancing around like if it was a party. But we’re here in a serious way to defend Trump.”He may have been thinking of Lucas Elek, a law student living in Colorado who happened to be in Washington and headed down to the courthouse for Trump’s appearance wearing a Jar Jar Binks mask and carrying a cardboard sign reading “DONNY DONONO!” Elek said he chose the Star War character in reference to his role in fueling the rise of dictatorship in the films’ universe, and also to keep his face hidden after receiving online abuse from rightwing commenters.“This is, in some ways, a celebration of our democracy. And you’ve got all of your strait-laced politicos in their seats over there, but I think … they’d be lying if they said it wasn’t a historic moment. And so I think we need to celebrate it,” Elek said in a brief moment when he wasn’t dancing.Criminal defendants are usually present for their trials, and if that’s the case for Trump, it will mean more business for Stan Sinberg and his Roving Anti-Trump Bandwagon, where pins bearing Smith’s face and slogans like “I am the resistance” could be bought for $4 a piece. Conceived in the wake of Trump’s victory in the Republican primaries in 2016, Sinberg travels to rallies against the now former president, always expecting that the time would arrive when his business would dry up. It hasn’t.“It was supposed to end on election night 2016. Then he won, then people still wanted them. And then it was supposed to end again, when he lost the election in 2020, and I even put up a sign: ‘happily going out of business sale.’ But he didn’t go away. So I’m still at it,” Sinberg said.“People say to me … if he wasn’t president, you wouldn’t have a job. It’s ironic, it’s true. But, even so … every morning I would wake up and wish for a headline ‘Trump dead’. And then I’d be out of business but, alright, it’s worth it.” More

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    Trump’s Court Day: An Encounter With Jack Smith and a Different Swearing In

    Former President Donald J. Trump returned to Washington on Thursday, rose to full height, lifted his right hand and swore an oath. This time it was not to assume power, but to promise that he would abide by a bond agreement that would allow him to leave the federal courthouse without paying bail or agreeing to any travel restrictions.Mr. Trump’s second federal arraignment seemed on the face of it to be more routine than the first one: last month in Miami after he was indicted on charges of mishandling classified national security documents and obstructing the government’s efforts to reclaim them.He seemed a bit more at ease. And so did the man who has led the investigation that resulted in his indictments, Jack Smith, the normally stony-faced special counsel, who allowed himself a few smiles as he shook hands with F.B.I. agents when the half-hour hearing ended.But if his second federal arraignment was less novel in a been-there-done-that way, the gravity of the four charges the government has leveled against him gave the proceedings a sense of historical weight not present in the Florida case.As if to underscore that point, at least three of the district court judges who have presided over trials of the Trump supporters charged for their roles in the assault on the Capitol on Jan. 6, 2021, filed into the back row of the visitors gallery to observe. One of them was Judge Amy Berman Jackson, who called out Mr. Trump’s “irresponsible and knowingly false claims that the election was stolen” in imposing a harsh sentence on a rioter who bludgeoned a Capitol Police officer into unconsciousness.But all eyes in the courtroom were, once again, on the second face-to-face encounter between the former president and Mr. Smith, who has filed charges that could put the 77-year-old Mr. Trump in a federal prison for the rest of his life. This time, unlike in Miami, the two men were positioned in a way that they could be visible to each other.Mr. Smith entered the courtroom — normally used by the district’s chief judge, James E. Boasberg — about 15 minutes before the scheduled 4 p.m. start, with his lead prosecutor in the case, Thomas P. Windom, and positioned himself in a chair behind his team, with his back against the rail dividing participants from the gallery.Mr. Trump walked in very slowly — in his signature long red tie and long blue suit coat — surveying the room and mouthing a greeting to no one in particular. His in-court retinue included M. Evan Corcoran, a lawyer for Mr. Trump who is a witness in the documents case, and one non-lawyer, his spokesman, Steven Cheung. Mr. Trump glanced briefly in Mr. Smith’s direction, but he did not seem to make eye contact.That was a strikingly different approach than he has taken outside the courtroom, where he has called Mr. Smith “deranged” and promised to fire him if he is re-elected.Mr. Trump spoke in respectful tones when questioned by Moxila A. Upadhyaya, the magistrate judge who presided over the proceeding.Yet if he seemed chastened and ill-at-ease in Florida, he was more animated in his return to Washington, with flashes of his usual, freewheeling conversational style.When she asked his name, he replied, “Donald J. Trump” — then added “John!”When she asked his age, he raised his voice a notch and intoned, “seven-seven!”At the end of the proceeding, Judge Upadhyaya thanked Mr. Trump, who said, “Thank you, your honor.” On the “all rise” command, he stood up. One of his lawyers put his arm on Mr. Trump’s back and guided him away from the table and out the courtroom door. More

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    Will Trump Have His Mug Shot Taken?

    Former President Donald J. Trump’s second federal arraignment this year is expected to follow a rhythm similar to his first: He will be fingerprinted but not have his mug shot taken.As happened before his arraignment in Miami on charges of mishandling government documents, the U.S. Marshals Service, which is responsible for security inside federal courthouses, will escort him to a booking area.Like last time, they will not take his picture, according to a law enforcement official involved in the planning. But federal rules dictate that an accused person be reprocessed in each jurisdiction in which he or she faces charges, so Mr. Trump will have to be fingerprinted for a second time using an electronic scanning device. He is also expected to answer a series of intake questions that include personal details, such as his age.Mr. Trump also did not have a mug shot taken when he was arraigned earlier this year in New York on state charges in connection with a hush-money payment to a pornographic actress before the 2016 election. But his campaign did immediately start selling shirts with a pretend booking photo.A genuine booking photo could still be in Mr. Trump’s future. The sheriff in Fulton County, Ga., where another potential indictment connected to Mr. Trump’s efforts to undermine the 2020 election looms, has suggested that if Mr. Trump is charged, he will be processed like anybody else, mug shot and all. More

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    Trump will appear in court to respond to charges of election subversion efforts

    Donald Trump was scheduled to surrender to federal authorities in Washington on Thursday afternoon and enter a not guilty plea to charges that he conspired to defraud the United States among other crimes in seeking to subvert the results of the 2020 presidential election.The twice-impeached former president, who has now been indicted three times since leaving the White House, was expected to be booked and fingerprinted in the federal district court before being escorted to his arraignment, which has been set for 4pm.Trump was expected to make his first appearance in the case in person, according to people briefed on the matter, and to travel for the arraignment from his Bedminster club in New Jersey to Washington with his lawyers and several top campaign staffers.The initial appearance from Trump to enter a plea formally starts the months-long pre-trial process that will run into the timetable for his other criminal trials next year and the 2024 presidential race, where Trump is the frontrunner for the Republican nomination.The charges in Washington came in the second indictment brought by the special counsel Jack Smith, who previously charged Trump in June with retaining national security documents at his Mar-a-Lago club in Florida and obstructing the government’s efforts to retrieve them.Trump has also been indicted in an unrelated case by the Manhattan district attorney, who charged him over hush-money payments to adult film star Stormy Daniels before the 2016 election. He is expected to be indicted a fourth time over 2020 election-related charges in Georgia.Thursday’s arraignment follows the release of a 45-page indictment alleging fundamentally that Trump convened fake slates of electors and sought “sham election investigations” from the justice department in order to obstruct the certification of the election result in an attempt to remain president.The indictment also listed six co-conspirators who were not charged in the indictment. While they were unnamed, the descriptions of five of the six matched those of the Trump lawyers Rudy Giuliani, Sidney Powell, John Eastman, Ken Chesebro as well as the former US justice department official Jeff Clark.Thursday’s hearing in the courthouse – just blocks from the Capitol building, where Trump’s efforts to reverse his election defeat to Joe Biden culminated in the January 6 riot – was expected to be overseen by US magistrate judge Moxila Upadhyaya.Magistrate judges typically handle the more routine or procedural aspects of court cases, such as arraignments, but the case itself has been assigned to US district court judge Tanya Chutkan, a former assistant public defender who was nominated to the bench by Barack Obama.In 2021, Chutkan was the judge who rejected Trump’s attempt to block the House January 6 select committee investigating the Capitol riot from gaining access to presidential records. “Presidents are not kings, and plaintiff is not president,” she wrote at the time. More

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    Donald Trump’s January 6 indictment: six key takeaways

    Donald Trump has been charged with several crimes in connection with his efforts to overturn the results of the 2020 election, in a historic indictment that is deepening the former president’s legal peril.The charges, filed by the special counsel Jack Smith in federal district court in Washington DC on Tuesday, accuse Trump of conspiracies that targeted a “bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election”.Here are some key takeaways from the latest indictment:Trump faces four chargesThe former president is accused of conspiring to defraud the United States government, conspiring to obstruct an official proceeding, conspiring against rights, and obstruction and attempt to obstruct an official proceeding.In the 45-page indictment, prosecutors laid out their case in stark detail, alleging Trump knowingly spread false allegations about fraud, convened false slates of electors and attempted to block the certification of the election on January 6.The former president was “determined to remain in power”Federal prosecutors said Trump was “determined to remain in power”. Prosecutors said that for two months after his election loss, Trump spread lies to create an “intense national atmosphere of mistrust and anger” and “erode public faith in the administration of the election”. They cited an example in Georgia, where Trump claimed more than 10,000 dead people voted in four days even after the state’s top elections official told him that was not true.There are six un-indicted co-conspiratorsThe indictment included six un-indicted co-conspirators as part of Smith’s inquiry, including four unnamed attorneys who allegedly aided Trump in his effort to subvert the 2020 election results, as well as an unnamed justice department official and an unnamed political consultant.While unnamed in the document, the details in the indictment indicate that those people include Rudy Giuliani, John Eastman and Jeff Clark, a former Department of Justice employee.The special counsel wants a speedy trialIt’s unclear yet when the case will go to trial, but Jack Smith said his office will seek speedy proceedings.“I must emphasize that the indictment is only an allegation and that the defendant must be presumed innocent until proven guilty, beyond a reasonable doubt, in a court of law,” Smith said in a press conference on Tuesday.Trump is looking at a complicated calendar for 2024. The former president’s trial in New York on criminal charges over hush money payments to the porn star Stormy Daniels will begin in March 2024. His criminal trial in Florida for retaining national security documents at his Mar-a-Lago property and obstructing the justice department’s efforts to retrieve them will take place in May 2024. The Iowa caucuses, the opening salvo in the Republican race for the 2024 presidential nomination, are scheduled to take place in January.Indictments won’t disqualify Trump from officeTrump’s indictments will not bar him from seeking the presidency again, nor will any conviction.However, it would be highly unusual for a thrice-indicted candidate to win the Republican presidential nomination. The only other presidential nominee to run under indictment in recent history is former Texas governor Rick Perry, who sought the 2016 Republican nomination after he was indicted for abuse of power. Another candidate, socialist party candidate Eugene Debs ran while imprisoned.Trump has three indictments so far. Smith, who indicted him in the January 6 case, has also charged him with the illegal retention of classified documents. Trump was also criminally charged in New York over hush money payments and faces a civil trial over business practices. In Georgia, the Fulton county district attorney has been investigating Trump and his allies’ alleged attempts to overturn the 2020 results – and is expected to announce charging decisions this month.The indictment follows a path laid by the House January 6 committeeThe congressional panel, which was created to investigate the insurrection, concluded last December recommending criminal charges. Over the course of the investigation, the committee conducted more than 1,000 interviews, collected more than a million documents and interviewed key witnesses. In public hearings, some held at prime time, investigators aired dramatic and damning footage, making the case that Trump “was directly responsible for summoning what became a violent mob” despite understanding that he’d lost the election.The justice department received what the committee had uncovered, but conducted its own interviews and used its authority to gain key evidence that wasn’t easily accessible to Congress.The final charges against Trump include ones that the committee had recommended, including conspiracy to defraud the United States. More