This time, it’s in connection to the Capitol insurrection.
Donald Trump could be staring down more criminal charges, and yet another legal hurdle in his 2024 presidential campaign. Following a grand jury meeting on Thursday, Trump’s lawyers met with prosecutors in special counsel Jack Smith’s office.
Trump confirmed the news saying his lawyers had a “productive meeting” with the Department of Justice in a post on his platform Truth Social. He also added that “no indication of notice” was given at the time, leaving the timing of his indictment up in the air.
This comes more than a week after the former president revealed that he’d been sent a “target letter” by the Justice Department telling him he could face criminal charges in connection with his efforts to overturn the 2020 election.
“Deranged Jack Smith, the prosecutor with Joe Biden’s DOJ, sent a letter (again, it was Sunday night!) stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the grand Jury, which almost always means an Arrest and indictment,” Trump posted on his Truth Social account.
This would mark the third time that Trump was indicted this year alone. He was previously charged by Manhattan District Attorney Alvin Bragg over an alleged hush money scheme to keep an affair quiet, to which he maintained his innocence. He also pleaded not guilty to federal charges over his handling of classified documents after leaving the White House and he faces a separate criminal investigation in Georgia related to the 2020 election.
As more revelations come to light, here’s what we know so far about the target letter, what charges he could be facing, and what his fellow Republicans have to say about it.
Why was Trump sent a target letter?
A target letter, like the one Trump received, is sent by the Justice Department to inform someone that they’re being actively investigated. But instead of formally charging someone, it indicates that officials are nearing their investigation and seriously considering bringing criminal charges against them. (More on what those could be in just a minute).
Generally speaking, the letter gives the recipient the chance to appear before a grand jury — in Trump’s case, he says he has been given four days to appear before the special counsel’s grand jury. That said, this letter doesn’t necessarily mean he’s obligated to appear, and targets of these types of probes often don’t. “I would be very surprised if Mr. Trump were to testify before the grand jury,” former U.S. district attorney Mitchell Epner told The New York Times.
While Trump didn’t release his actual target letter, a sample one from the Justice Department gives some idea of how it would read. Among other things, it says: “You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.”
What charges could Trump face now?
It’s not clear yet what specific charges the DOJ would bring against Trump. But reporting on the letter suggests that he could be indicted for conspiring to defraud the U.S. after his campaign tried to use fake electoral certificates to obstruct the congressional certification of Biden’s win in 2020. (These charges would be similar to those levied against his supporters for their involvement in the Capitol insurrection on Jan. 6, 2021.)
According to The Hill, that might not be the only charge, though. The former president could also face other conspiracy charges related to his efforts to keep Americans from the “free exercise” of their voting rights. Ultimately if convicted, Trump could face either a fine or up to 10 years in prison.
What do we know about special counsel Jack Smith’s probe?
The possible charges appear to be a result of a sprawling investigation that was first opened by U.S. Attorney General Merrick Garland in 2022, who then appointed Smith to lead an independent case.
It was a tall order: The special counsel’s team was tasked with looking into attempts by both Trump and his allies to block the transfer of power to President Biden in the days leading up to the Jan. 6 riot, where Trump supporters tried to stop the certification of state electoral votes in Congress. So far, more than 1,000 people accused of being involved have been charged, with some even facing jail time.
But if Smith were to bring charges against Trump, they wouldn’t be his first. So far, the special counsel already has criminally charged Trump with about three dozen crimes in connection to the sensitive documents that were found at the former president’s Florida home.
How are lawmakers responding to the news?
Democrats seemed largely relieved at the news, especially those trapped in the Capitol at the time of the riot. A House select committee led by Democrats investigated the former president’s role in the riot and the lower chamber impeached him days after the attack. But the Senate later acquitted him because Democrats fell 10 votes short of getting enough Republican support.
“I believe that Trump committed high crimes against our country,” Democratic Rep. Jimmy Gomez told Axios. “He’ll have his day in court, but I’ll always believe that he incited that mob.”
Meanwhile, Republicans largely rushed to Trump’s defense and repeated his claims that he was being unfairly attacked. Republican speaker Kevin McCarthy, who at one time said that Trump “bears responsibility” for the riot, claimed that the former president’s target letter is an example of “weaponized government.” Others took a different tactic: Republican presidential candidate Ron DeSantis said Trump “should have come out more forcefully” on Jan. 6, though he stopped short of saying he should face criminal charges.
Despite all that, the impact Trump’s legal woes could have on his reelection ambitions remains uncertain at best, and he continues to lead the GOP field in most state and national polling.
