Watch live: View of Capitol ahead of Donald Trump’s court appearance
Watch a live view of the US Capitol ahead of Donald Trump’s expected court appearance on Thursday, 3 August. The former president is scheduled to appear in court today to be formally arraigned on charges of conspiring to overturn the 2020 presidential election. Mr Trump has been indicted on four charges by a grand jury hearing evidence in special counsel Jack Smith’s investigation in efforts to overturn the 2020 election and the January 6 Capitol riot. The indictment also described six unnamed co-conspirators, now believed to be identified. Mr Trump has been ordered to appear at a federal court in Washington DC today. The case has been assigned to US district judge Tanya Chutkan, a Barack Obama-appointee. It is the former president’s third criminal indictment, his second federal indictment, and his first for his alleged conduct while in office as president. The indictment charges Mr Trump with four felony counts, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding and conspiracy against rights. Read More Who are Trump’s six alleged co-conspirators in the 2020 election probe case? Will Donald Trump go to prison? When is Donald Trump’s arraignment?
2023-08-03 18:51
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Trump demands ‘fake’ criminal case over 2020 election interference be moved to ‘unbiased’ West Virginia
Donald Trump is demanding that his “fake” criminal case over his attempts to overturn the 2020 presidential election be moved out of Washington DC to “unbiased” West Virginia. In a late-night Truth Social rant on Wednesday, the former president fumed that it is “IMPOSSIBLE to get a fair trial” in the capital and demanded it be relocated to “the politically unbiased nearby State of West Virginia”. “The latest Fake “case” brought by Crooked Joe Biden & Deranged Jack Smith will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia!” he wrote. “IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness. “It is now a high crime embarrassment to our Nation and, indeed, the World. This Indictment is all about Election Interference!!!” The former president is scheduled to appear in Washington DC’s E. Barrett Prettyman Courthouse on Thursday for his arraignment on charges over his efforts to overturn the 2020 election and role in the events leading up to the January 6 Capitol riot. A grand jury, which has spent months hearing evidence in special counsel Jack Smith’s investigation, returned a federal indictment on Tuesday hitting him with four federal charges: 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. The indictment marks Mr Trump’s second federal indictment, his third criminal indictment overall – and potentially his most serious. The former president is accused of conspiring with his allies to overturn the 2020 election, in a bid to sabotage the vote of the American people. The Justice Department alleges that Mr Trump and his circle of co-conspirators knew that he had lost the election but launched a multi-prong conspiracy to do everything they could to enable him to cling onto power. This included spreading “knowingly false claims of election fraud to get state legislators and election officials to subvert the legitimate election results and change electoral votes for the Defendant’s opponent, Joseph R. Biden, Jr., to electoral votes for the Defendant”, the indictment states. Mr Trump and his allies also allegedly plotted to send slates of fake electors to seven “targeted states” of Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin which President Joe Biden had won – to get them to falsely certify the election for Mr Trump. The indictment also alleges Mr Trump tried to use the DOJ to “conduct sham election crime investigations”, sending letters to the seven states claiming that “significant concerns” had been found in the elections in those states. As well as the false claims about the election being stolen from Mr Trump, the scheme also involved pushing false claims that Vice President Mike Pence had the power to alter the results – and pushing Mr Pence to “fraudulently alter the election results”. When Mr Trump’s supporters stormed the US Capitol in a violent attack that ended with five deaths, Mr Trump and his co-conspirators “exploited” the incident by “redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification based on those claims,” the indictment claims. At a press conference on Tuesday, Mr Smith placed the blame for the January 6 attack on the US Capitol firmly on Mr Trump’s shoulders. “The attack on our nation’s capitol on January 6, 2021, was an unprecedented assault on the seat of American democracy,” he said. “As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the US government – the nation’s process of collecting, counting and certifying the results of the presidential election.” While the former president is the only person charged in the case, the indictment also refers to six co-conspirators who worked with him to try to overturn the 2020 presidential election. The six individuals – four attorneys, one Justice Department official and one political consultant – have not been named in the charging documents because they have not yet been charged with any crimes. However, based on the details in the indictment and records already known about the events leading up to the Capitol riot, the identities are apparent as Rudy Giuliani, Sidney Powell, John Eastman, Jeffrey Clark, Kenneth Chesebro and Boris Epshteyn. Mr Trump is expected to surrender to authorities at the DC courthouse at 4pm ET where he will be arraigned before Magistrate Judge Moxila A Upadhyaya. The former president does have the option of appearing virtually – instead of in-person – but is expected to travel to the US capital for the hearing. Security has been ramped up outside the courthouse in anticipation of his appearance. Read More Trump arraignment – live: Trump to appear in court today as he demands ‘fake’ Jan 6 case be moved out of DC Trump supporters claim special counsel seeking death penalty in indictment over 2020 election Can Donald Trump still run for president after charges over 2020 election? Can Donald Trump still run for president after charges over 2020 election? 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2023-08-03 17:50
Trump supporters falsely claim special counsel seeking death penalty in indictment over 2020 election
Donald Trump supporters and right-wing media outlets are incorrectly claiming that the federal government is seeking the death penalty as part of its four-count indictment against the former president for allegedly seeking to overturn the 2020 election. After the charges were announced on Tuesday, the claims quickly spread across conservative corners of the Internet. Mr Trump’s Truth Social platform sent users an alert that read “New charges against Trump carry DEATH PENALTY,” while conservative influencer Dinesh D’Souza claimed on X the alleged death sentence “proves how scared they are of Trump!” One MAGA Internet personality wrote on social media, “This is how you start a war.” A spokesperson for the special counsel’s office told The Independent these claims are “not accurate.” “The indictment does not contain the special findings required,” the DoJ official said. The misinterpretation stems from one of the federal statutes that prosecutors are accusing Mr Trump of violating, Section 241 of Title 18 of US Code. As The Independent has reported, the law is part of a landmark set of provisions passed in the brutal aftermath of the Civil War to prosecute those who sought to deprive the civil rights of newly enfranchised Black Americans. The punishment for violating this section, according to the Department of Justice, is a felony and up to 10 years in prison. That penalty can be extended to life in prison or death if the government “proves an aggravating factor (such as that the offense involved kidnapping, aggravated sexual abuse, or resulted in death)”, per the DoJ. Five people, a mix of police officers and rioters, did die during the January 6 insurrection, but, as The Washington Post noted, nowhere in the lengthy indictment against Mr Trump are prosecutors arguing the former president is responsible for any such aggravating circumstances. (Police officer Michael Byrd, who shot January 6 rioter Ashli Babbitt, was cleared of wrongdoing by the DoJ and the Capitol police in April of 2021, and two of the men who attacked Brian Sicknick, a Washington police officer who died during the insurrection, have been sentenced to prison.) Rather, the DoJ is alleging that Mr Trump and his associates knew he lost the election, but launched a multi-part conspiracy to hold onto power anyway, a scheme that included spreading false claims, attempting to send false slates of electors to Washington, and pressuring officials to meddle with the election certification process. The scheme was largely focused on a handful of counties in Georgia, Pennsylvania, Arizona, and Wisconsin, all of which have large communities of Black and Latino voters, who tend to vote for Democrats. “The attack on our nation’s capitol on January 6, 2021, was an unprecedented assault on the seat of American democracy,” special counsel Jack Smith said Tuesday in a press conference describing the indictment. “As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the US government – the nation’s process of collecting, counting and certifying the results of the presidential election.” As Sean Morales-Doyle, director of the voting rights and elections programme at the Brennan Center for Justice at the NYU School of Law, told The Independent, the civil rights statute in question has been used to prosecute officials for attempting to alter election results in the past. He pointed to the example of the 1915 case US v Mosley, where Oklahoma officials were punished for trying to exclude votes from a final tally. “If you read that case, you’d never be able to tell that it’s about race. And there’s not a word about race mentioned, but that’s really the story underlying it,” Mr Morales-Doyle told The Independent. “And that’s really, throughout our nation’s history, the battle over our democracy. The battle over the right to vote has not always but pretty consistently also been a fight that has race at its heart,” he added. “And that’s true now still, and I think it is an overlooked thread underlying much of the story about Trump’s attempt to overturn the 2020 election.” Prosecutors may not be arguing Mr Trump caused conduct worthy of the death penalty, but the former president’s sentencing still will be a delicate issue. "Possible jail time for Donald Trump if he’s convicted of one, some, or all the criminal cases is a fascinating but speculative business," former federal prosecutor Michael McAuliffe told Newsweek. "As for the federal cases charging Trump with crimes, the sentencing guidelines – which assign numerical values to various factors to create a range for a presumptive sentence – will prove inadequate." In regards to Mr Trump, both "the crimes and the defendant are singular.” Alex Woodward contributed reporting to this story. Read More Trump’s election fraud claims were always bogus. Will his history of lies finally catch up to him? 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2023-08-03 17:47
