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Trump Indicted, Again

Mar 27, 2024

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The latest indictment of Trump raises issues at the core of American democracy.

By German Lopez and Ian Prasad Philbrick

The two previous indictments of Donald Trump focused on his personal conduct, one involving a sex scandal and the other his handling of classified documents. Yesterday’s indictment is different. It involves arguably the most central issue in a democracy: an attempt to subvert an American election.

“At the core of the United States of America vs. Donald J. Trump is no less than the viability of the system constructed” by the founders, our colleague Peter Baker, The Times’s chief White House correspondent, wrote. “Can a sitting president spread lies about an election and try to employ his government’s power to overturn the will of the voters without consequence?”

In today’s newsletter, we’ll explain the details of the indictment and focus on the new information that prosecutors released yesterday.

The new indictment lays out a scheme that, by now, is widely known: Trump falsely claimed the 2020 election results were rigged and tried to rally federal officials, state lawmakers and his supporters, including rioters at the U.S. Capitol on Jan. 6, 2021, to overturn his loss to President Biden.

The indictment accuses Trump of four crimes: conspiracy to violate Americans’ right to vote, conspiracy to defraud the government, obstructing an official proceeding and conspiring to do so. Unlike the previous indictments, the charges stem primarily from actions Trump took while he was president.

(You can read the full indictment, annotated by Times reporters, here.)

“The attack on our nation’s Capitol on Jan. 6, 2021, was an unprecedented assault on the seat of American democracy,” Jack Smith, the special counsel who led the Justice Department investigation in the case, said yesterday. “It was fueled by lies — lies by the defendant targeted at obstructing a bedrock function of the U.S. government: the nation’s process of collecting, counting and certifying the results of the presidential election.”

In a statement, Trump called the new charges “election interference” and compared the Biden administration to Nazi Germany and the Soviet Union.

Much of the indictment builds on the work of the House committee that investigated the Jan. 6 attack. But the indictment also presents some new information. Examples include:

Trump tried repeatedly to persuade Mike Pence that the vice president had the power to overturn the election results in Congress. When Pence said that he did not believe he had that authority, Trump allegedly responded, “You’re too honest.”

The indictment said that Trump had six co-conspirators, but it did not name them. The Times reported several likely candidates, including the former Justice Department official Jeffrey Clark and lawyers Rudy Giuliani and Sidney Powell. Prosecutors could charge co-conspirators in the coming weeks.

A deputy White House counsel warned one alleged co-conspirator, believed to be Clark, that if Trump tried to stay in office, there would be “riots in every major city in the United States.” That co-conspirator’s response seemed to suggest that Trump could use his power as commander in chief to crush the protests: “That’s why there’s an Insurrection Act.”

The top charges are punishable by up to 20 years in prison.

Trump will be arraigned in federal court in Washington in the coming days and will likely be asked to enter a plea to the charges.

The federal judicial system uses a random system for assigning cases to judges, and Judge Tanya Chutkan, a Barack Obama appointee based in Washington, will oversee this case. She has overseen trials of the Jan. 6 rioters, issuing harsh sentences against them. Previously, she also rejected Trump’s attempt to avoid disclosing documents to the House’s Jan. 6 committee, writing, “Presidents are not kings.” (Read more about Chutkan in The Washington Post.)

The timing of a trial remains uncertain, but it could be next year, when Trump is also set to face trials for his handling of classified documents and his attempt to hide a sexual encounter. Separately, a Georgia prosecutor is investigating Trump’s efforts to overturn the election results there and may soon file charges.

Will these cases hurt Trump’s 2024 campaign? So far, they have not. If anything, Republican primary voters have rallied to support him. Still, polls suggest that many swing voters believe Trump has committed crimes, and the spectacle of multiple trials could damage his general election campaign. For now, he and Biden are running very close to one another in the polls.

“Trump likes to project bravado, but he is extremely angry and unsettled about this indictment, according to people who have spoken with him,” our colleague Maggie Haberman, who covers Trump, wrote. “This particular indictment touches a lot of people in his orbit in a way the previous two do not.”

“Despite having lost, the defendant was determined to remain in power,” prosecutors wrote about Trump. Read four takeaways from the indictment.

Smith, the bearded, fast-walking special counsel, has moved quickly to investigate Trump. Yesterday, he praised the law enforcement officers who defended the Capitol on Jan. 6.

Ron DeSantis described the indictment as a weaponization of the federal government. Here’s how other Republican presidential candidates reacted.

In a separate case, a Michigan Republican who tried to overturn the state’s 2020 result was charged in a plot to access voting machines.

This guide helps you track all the Trump investigations.

“From the looks of this indictment, the prosecution’s case is going to be thorough and relentless,” Randall Eliason writes in Times Opinion.

Russia struck a Ukrainian river port, one of the last shipping outlets for millions of tons of grain.

Doctors are triaging wounded Ukrainian soldiers in temporary clinics near the front lines of the counteroffensive. See photos of them at work.

Job growth and cooling inflation are making Americans more optimistic about the economy. That’s good news for the Biden campaign.

The super PAC supporting Ron DeSantis burned through $34 million for voter outreach and advertising as his poll numbers sank.

At least seven candidates appear to have qualified for the first Republican debate this month. This graphic shows who.

The ratings agency Fitch downgraded the government’s credit rating after fights over the debt limit. Janet Yellen, the Treasury secretary, called the change “arbitrary.”

Sheila Oliver, the lieutenant governor of New Jersey and the first Black woman to hold statewide elected office there, died at 71.

Senator Bob Menendez, a New Jersey Democrat, is under federal investigation, partly over undisclosed gifts. His new wife, Nadine, is at the center of the inquiry.

People can buy guns from private sellers online without a background check.

U.S. energy rules have effectively outlawed traditional incandescent light bulbs in favor of efficient LEDs.

Iran announced a two-day public holiday as extreme heat strained its power grid. Temperatures have topped 120.

New York City has run out of room in shelters for migrants. Many are sleeping on the street.

The family of Henrietta Lacks — the Black woman whose cells, taken without consent, became a keystone of medical research — settled a suit against a biotech company.

They were barely adults when they were sentenced to life in prison. Decades later, about two dozen inmates ask in a video: How much punishment is enough?

Here is a column by Tish Harrison Warren on the state of evangelical America.

Beyoncé Express: Fans heading to her concerts have filled public transit with chrome bikinis and manicures.

“Date-me docs”: Tired of dating apps? Some people are instead trading long self-descriptions.

Zoo conspiracy: A sun bear’s suspiciously humanlike movements set off speculation in China.

Lives Lived: Edward Sexton and his business partner, Tommy Nutter, upended staid British fashion with swaggering suits made for rock ’n’ roll icons and pop stars, including John Lennon and Harry Styles. Sexton died at 80.

Sweden will play the U.S. in the round of 16. The Athletic looks at the U.S. team’s challenges in the next stage.

South Africa also joined the knockout round with a late goal to beat Italy.

A concession: Tiger Woods will join the PGA Tour’s board after a player rebellion over its Saudi deal.

Back to the Astros: The Mets traded Justin Verlander hours before the deadline.

Gambling problems: Iowa State’s starting quarterback is accused of engaging in a scheme to disguise his identity while making illegal sports bets.

Rising ticket prices: Running a museum is getting more expensive. The cost of air conditioning, shipping and more has risen, while attendance remains below prepandemic levels. To stay afloat, some big institutions — including the Met, the Art Institute in Chicago, and now the Guggenheim — are increasing ticket prices. Some experts worry that could worsen their problems: “When the price goes up, attendance goes down,” one noted.

Former tour dancers for Lizzo filed a lawsuit accusing her of harassment and creating a hostile work environment.

“Barbenheimer” jokes are angering some people in Japan, where the legacy of the nuclear bombs isn’t funny.

Quickle cucumbers or shallots in just a few minutes.

Chop with the sharpest knives.

Strum a ukulele, even if you’re a beginner.

Explore your sexuality through audio apps.

Here is today’s Spelling Bee. Yesterday’s pangrams were include and included.

And here are today’s Mini Crossword, Wordle and Sudoku.

Thanks for spending part of your morning with The Times. See you tomorrow. — German and Ian

P.S. Times coverage won three awards for its coverage of L.G.B.T.Q. issues, including threats to gay life in Russia.

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German Lopez is a writer for The Morning, The Times’s flagship daily newsletter, where he covers major world events and how they affect people. More about German Lopez

Ian Prasad Philbrick is a writer for The Morning newsletter. More about Ian Prasad Philbrick

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THE LATEST NEWSabout two dozen inmatesTish Harrison Warren MORNING READSBeyoncé Express: “Date-me docs”:Zoo conspiracy:Lives Lived: WOMEN’S WORLD CUPOTHERSPORTS NEWSA concession:Back to the Astros:Gambling problems: ARTS AND IDEAS Rising ticket prices:THE MORNING RECOMMENDS …Quickle Chop Strum Explore GAMESThanks for spending part of your morning with The Times. See you tomorrow. — German and Ian