Donald Trump has been indicted on criminal charges by a federal grand jury in a case that strikes at the former president’s efforts to remain in the White House after losing the 2020 election and undermine the long-held American tradition of a peaceful transfer of presidential power.
Trump is scheduled to appear at the Washington, DC, federal courthouse at 4 p.m. ET on Thursday.
As part of special counsel Jack Smith’s investigation, Trump was charged with: 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.
“(F)or more than two months following election day on November 3, 2020, the defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won,” the indictment states.
“These claims were false, and the Defendant knew they were false,” it adds, referring to Trump. “But the defendant disseminated them anyway – to make his knowingly false claims appear legitimate, create an intense atmosphere of mistrust and anger, and erode public faith in the administration of the election.”
The plot to overturn the 2020 election shattered presidential norms and culminated in an unthinkable physical assault on the US Capitol on January 6, 2021, as Congress met to certify President Joe Biden’s victory. Even before that, Trump engaged in an unprecedented pressure campaign toward state election workers and lawmakers, Justice Department officials and even his own vice president to persuade them to throw out the 2020 results.
Smith told reporters that he will seek a “speedy trial” and encouraged members of the public to read the indictment.
“The attack in our nation’s capital on January 6 2021, was an unprecedented assault on the seat of American democracy, and as described in the indictment, it was fueled by lies,” Smith said in a brief statement. “Lies by the defendant targeted at obstructing the bedrock function of the US government nation’s process of collecting, counting and certifying the results of a presidential election.”
The indictment alleges that Trump and co-conspirators “exploited” the January 6 attack on the US Capitol by continuing efforts to convince members of Congress to delay the certification of the election.
“As violence ensued, the Defendant and co-conspirators exploited the disruption by redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification based on those claims,” according to the indictment.
The indictment also says that Trump had deceived many rioters to believe then-Vice President Mike Pence could change the election results to make Trump the victor.
Trump has rejected any suggestion he was in the wrong after the 2020 election.
John Lauro, Trump’s co-counsel in the January 6 case, told Fox News that Trump was indicted for simply saying “what he believed in and the policies and the political speech that he carried out as president.”
Lauro criticized the charges for being a “regurgitation of the allegations in the January 6th report” and defended his client’s actions on and leading up to January 6th.
“Nothing was done in a way that wasn’t constitutionally permissible,” Lauro stated. “Nothing about that was obstructive.”
The White House declined to comment.
“We would refer you to the Justice Department, which conducts its criminal investigations independently,” White House spokesman Ian Sams said.
Six unindicted co-conspirators were included in the filing.
Among the six are four unnamed attorneys who allegedly aided Trump in his effort to subvert the 2020 election. Also included is one unnamed Justice Department official who “attempted to use the Justice Department to open sham election crime investigations and influence state legislatures with knowingly false claims of election fraud.”
The indictment also mentions an unnamed “political consultant who helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.”
The first count Trump is facing, conspiracy to defraud the United States, is brought under a statute that can be used to prosecute a broad range of conspiracies involving two or more people to violate US law.
Two other counts relate to obstruction of an official proceeding – brought under provisions included in a federal witness tampering statute that has also been used to prosecute some of the rioters who breached the Capitol.
Those counts carry a maximum sentence of 20 years imprisonment. The appropriateness of using the law to prosecute the rioters has been litigated in the Capitol breach cases.
Trump also faces a conspiracy against rights charge under a Reconstruction-era civil rights law. The law prohibits two or more people from conspiring to “injure, oppress, threaten, or intimidate any person in any….the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.”
It carries a 10 year maximum sentence of imprisonment, unless the conspiracy results in death.
Smith’s move to bring charges will test whether the criminal justice system can be used to hold Trump to account for his post-election conduct after he was acquitted in his impeachment trial related to his actions that day.
The indictment is the second time in two months that Smith has brought charges against Trump. In June, Trump was charged with retention of classified documents and conspiracy with a top aide to hide them from the government and his own attorneys. And separately in March, Manhattan District Attorney Alvin Bragg indicted Trump on state charges of falsifying business records.
Trump has pleaded not guilty in both cases – and is likely to do so again when he’s arraigned on the latest charges.
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Donald Trump waits to speak at a 9/11 memorial service in 2017.
Donald J. Trump for President, Inc.
Trump at age 4. He was born in 1946 to Fred and Mary Trump in New York City. His father was a real estate developer.
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Trump, left, in a family photo. He was the second-youngest of five children.
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Trump, center, stands at attention during his senior year at the New York Military Academy.
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Trump, center, wears a baseball uniform at the New York Military Academy. After he graduated from the boarding school, he went to college. He started at Fordham University before transferring and later graduating from the Wharton School, the University of Pennsylvania’s business school.
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Trump stands with Alfred Eisenpreis, New York’s economic development administrator, in 1976 while they look at a sketch of a new 1,400-room renovation project of the Commodore Hotel. After graduating from college in 1968, Trump worked with his father on developments in Queens and Brooklyn before purchasing or building multiple properties in New York and Atlantic City, New Jersey. Those properties included Trump Tower in New York and Trump Plaza and multiple casinos in Atlantic City.
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In 1979, Trump attends an event to mark the start of construction of the New York Convention Center.
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Trump wears a hard hat at the Trump Tower construction site in New York in 1980.
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Trump and his family, circa 1986. Trump was married to Ivana Zelnicek Trump from 1977 to 1990, when they divorced. They had three children together: Donald Jr., Ivanka and Eric.
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Trump uses his personal helicopter to get around New York in 1987.
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Trump stands in the atrium of Trump Tower.
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Trump attends the opening of his new Atlantic City casino, the Taj Mahal, in 1989.
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Trump and singer Michael Jackson pose for a photo before traveling to visit Ryan White, a young child with AIDS, in 1990.
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Trump dips his second wife, Marla Maples, after the couple married in a private ceremony in New York in December 1993. The couple divorced in 1999 and had one daughter together, Tiffany.
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Trump putts a golf ball in his New York office in 1998.
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An advertisement for the television show “The Apprentice” hangs at Trump Tower in 2004. The show launched in January of that year. In January 2008, the show returned as “Celebrity Apprentice.”
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A 12-inch talking Trump doll is on display at a toy store in New York in September 2004.
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Trump attends the US Open tennis tournament with his third wife, Melania Knauss-Trump, and their son, Barron, in 2006. Trump and Knauss married in 2005.
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Trump wrestles with “Stone Cold” Steve Austin at WrestleMania in 2007. Trump has close ties with the WWE and its CEO, Vince McMahon. And after being elected president, Trump picked McMahon’s wife, Linda, to serve as the administrator of the Small Business Administration.
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For “The Apprentice,” Trump was honored with a star on the Hollywood Walk of Fame in January 2007.
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Trump appears on the set of “The Celebrity Apprentice” with two of his children — Donald Jr. and Ivanka — in 2007.
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Trump poses with Miss Universe contestants in 2011. Trump had been executive producer of the Miss Universe, Miss USA and Miss Teen USA pageants since 1996.
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In 2012, Trump announced his endorsement of Republican presidential candidate Mitt Romney.
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Trump speaks in Sarasota, Florida, after accepting the Statesman of the Year Award at the Sarasota GOP dinner in August 2012. It was shortly before the Republican National Convention in nearby Tampa.
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Trump appears on stage with singer Nick Jonas and television personality Giuliana Rancic during the 2013 Miss USA pageant.
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Trump — flanked by US Sens. Marco Rubio, left, and Ted Cruz — speaks during a CNN debate in March 2016. Trump dominated the GOP primaries and emerged as the presumptive nominee in May of that year.
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Members of the Trump family pose for a photo in New York in April 2016. Behind Trump, from left, are daughter Tiffany, daughter-in-law Vanessa, granddaughter Kai Madison, son Donald Jr., son-in-law Jared Kushner, daughter Ivanka, wife Melania, son Eric and daughter-in-law Lara.
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Trump speaks during a campaign event in Evansville, Indiana, in April 2016. After Trump won the Indiana primary, his last two competitors dropped out of the GOP race.
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Trump delivers a speech at the Republican National Convention in July 2016, accepting the party’s nomination for president. “I have had a truly great life in business,” he said. “But now, my sole and exclusive mission is to go to work for our country — to go to work for you. It’s time to deliver a victory for the American people.”
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Trump walks on stage with his family after he was declared the election winner in November 2016. “Ours was not a campaign, but rather, an incredible and great movement,” he told his supporters in New York.
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Trump arrives for his inauguration ceremony in January 2017.
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Trump is joined by his wife and his five children as he takes the oath of office from Chief Justice John Roberts. Melania is holding a family Bible and a Bible that belonged to former President Abraham Lincoln. Next to Melania, from left, are Trump’s children Barron, Donald Jr., Ivanka, Tiffany and Eric.
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A close-up of Trump’s shirt cuff reads “45” as he speaks during a Cabinet meeting in June 2018.
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Trump boards Air Force One in Kenner, Louisiana, in May 2019.
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Trump officially launched his re-election campaign with a rally in Orlando in June 2019.
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Trump speaks to the media on the South Lawn of the White House in June 2019.
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Trump shares a laugh with UK Prime Minister Boris Johnson during a working breakfast at the G-7 summit in Biarritz, France, in August 2019.
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Money sticks out of Trump’s back pocket as he boards Air Force One in Mountain View, California, in September 2019.
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Trump and the first lady watch as a US Army carry team moves a transfer case containing the remains of Chief Warrant Officer 2 David C. Knadle in November 2019. Knadle, 33, was killed in a helicopter crash while serving in Afghanistan.
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Trump holds his notes while speaking to the media in November 2019. Trump repeatedly said he told Gordon Sondland, the US ambassador to the European Union, that he wanted “nothing” on Ukraine. “I say to the Ambassador in response: I want nothing, I want nothing. I want no quid pro quo,” Trump said, reading from notes that appeared to be written in Sharpie. “Tell Zelensky, President Zelensky, to do the right thing.”
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The Trumps greet Britain’s Queen Elizabeth II during a NATO reception held at Buckingham Palace in December 2019.
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Faith leaders pray with Trump in Miami during a rally for evangelical supporters in January 2020.
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Trump meets with Israeli Prime Minister Benjamin Netanyahu, left, in the White House Oval Office in January 2020. At right is Vice President Mike Pence and Secretary of State Mike Pompeo.
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Trump holds up a newspaper at the National Prayer Breakfast in February 2020. It was a day after he was acquitted in his impeachment trial.
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Trump arrives to speak at a campaign rally in Phoenix in February 2020.
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Trump holds a news conference about the coronavirus outbreak in February 2020. He defended the White House’s response to the outbreak, stressing the administration’s ongoing efforts and resources devoted to combating the virus.
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Trump looks at a coronavirus model while touring the National Institutes of Health in March 2020.
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Instead of a handshake, Trump and Irish Prime Minister Leo Varadkar greet each other with a bow as Varadkar visited the White House in March 2020. Because of the coronavirus outbreak, the White House canceled a St. Patrick’s Day reception that Varadkar was slated to attend.
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Trump introduces Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, after Trump declared the coronavirus pandemic to be a national emergency in March 2020.
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A close-up of Trump’s notes shows where the word “Corona” was crossed out and replaced with “Chinese” as he speaks about the coronavirus at the White House in March 2020. After consulting with medical experts and receiving guidance from the World Health Organization, CNN determined that the term “Chinese virus” is inaccurate and considered stigmatizing.
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Trump ripped into NBC News’ Peter Alexander, seated, during a White House coronavirus briefing in March 2020. Alexander had asked Trump whether he was giving Americans “false hope” by touting unproven coronavirus drugs. Toward the end of the exchange, Alexander cited the latest pandemic statistics showing thousands of Americans are now infected and millions are scared. Alexander asked, “What do you say to Americans who are scared?” Trump shook his head. “I say that you are a terrible reporter,” he replied. “That’s what I say.” The president then launched into a rant against Alexander, NBC and its parent company, Comcast. “You’re doing sensationalism,” Trump charged.
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Trump hands a pen to Senate Majority Leader Mitch McConnell during a bill-signing ceremony for the Coronavirus Aid, Relief and Economic Security Act in March 2020.
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from Twitter/Rep. Jackie Speier
Trump wears a face mask while visiting a Ford plant in Ypsilanti, Michigan, in May 2020. But it was during a part of the tour where reporters were not allowed. “I didn’t want to give the press the pleasure of seeing it,” he said. This photo was tweeted by US Rep. Jackie Speier. Press photos from the tour showed Trump without a mask.
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Trump tours the Ypsilanti Ford plant, which was making ventilators and personal protective equipment during the coronavirus pandemic.
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Trump plays catch with former New York Yankees pitcher Mariano Rivera as he greets youth baseball players on the South Lawn of the White House in July 2020.
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Supporters look on as Trump delivers remarks at a rally in Oshkosh, Wisconsin, in August 2020.
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Lightning flashes as Trump exits Air Force One in August 2020. He was returning from a campaign rally in Londonderry, New Hampshire.
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Trump briefly left the hospital to wave to his supporters from the back of an SUV. A Secret Service agent is seen in the front seat wearing a full medical gown, a respirator mask and a face shield.
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Despite his doctors saying he was “not out of the woods yet,” Trump removes his mask for a photo-op upon returning to the White House.
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Trump tosses face masks to the crowd as he takes the stage for a campaign rally in Sanford, Florida, on October 12, 2020.
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Trump walks with first lady Melania Trump after a day of campaign rallies in Michigan, Wisconsin and Nebraska in October 2020.
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Trump plays golf in Sterling, Virginia, in November 2020. He was at the course when Joe Biden was projected as the winner of the presidential election.
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Trump waves goodbye as he boards Marine One for the last time in January 2021.
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Trump acknowledges his children and other family members on the tarmac of Joint Base Andrews.
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Trump acknowledges his supporters after landing in West Palm Beach, Florida, on his last day in office.
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Trump points while speaking at the Conservative Political Action Conference in February 2022.
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Trump holds a rally in Youngstown, Ohio, in September 2022. The former president used his endorsement to help US Senate candidates emerge from crowded Republican fields.
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Trump delivers remarks at a fire station in East Palestine, Ohio, in February 2023. Trump has criticized the Biden administration’s handling of the train derailment disaster in East Palestine.
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The new special counsel indictment comes as Trump remains the front-runner for the 2024 Republican presidential nomination. The first two indictments have done little to impact his standing in the race.
Trump’s March indictment marked the first time in US history that a former president had faced criminal charges. Now there are three separate, concurrent cases where the president is facing felony allegations, which are all going to play out as Trump seeks to return to the White House in 2024 following his loss to Biden in 2020.
The so-called fake electors plot was an unprecedented attempt to subvert the Electoral College process by replacing electors that Biden had rightfully won with illegitimate GOP electors.
Trump supporters in seven key states met on December 14, 2020, and signed fake certificates, falsely proclaiming that Trump actually won their state and they were the rightful electors. They submitted these fake certificates to Congress and to the National Archives, in anticipation that their false claims would be embraced during the Electoral College certification on January 6.
At the time, their actions were largely dismissed as an elaborate political cosplay. But it eventually became clear that this was part of an orchestrated plan.
“Under the plan, the submission of these fraudulent slates would create a fake controversy at the certification proceeding and position the Vice President-presiding on January 6 as President of the Senate to supplant legitimate electors with the Defendant’s fake electors and certify the Defendant as president,” the indictment states.
Senior Trump campaign officials orchestrated the fake electors plot and directly oversaw the state-by-state mechanics – linking Trump’s campaign apparatus to what originally looked like a hapless political stunt by local Trump supporters.
Federal investigators have subpoenaed the fake electors across the country, sent FBI agents to interview witnesses about their conduct, and recently granted immunity to two fake electors from Nevada to secure their grand jury testimony.
In Michigan, the state’s attorney general charged the 16 fake electors who signed certificates falsely claiming Trump won Michigan in the 2020 election with multiple felonies. Fulton County District Attorney Fani Willis is also expected to ask a grand jury this month to bring charges related to efforts in Georgia to subvert the election results.
This story is breaking and will be updated.
