Jack Smith Indicts Trump for January 6 and Election Subversion

The Charges

On August 1, 2023, Special Counsel Jack Smith unsealed a federal indictment charging Donald Trump with four counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote and to have one’s vote counted. The indictment described Trump’s post-election conduct as a deliberate campaign of lies aimed at overturning the legitimate results of the 2020 presidential election. It was Trump’s third criminal indictment in four months.

The Alleged Conspiracy

The 45-page indictment detailed what prosecutors called three interlocking conspiracies. First, Trump and unnamed co-conspirators allegedly organized fraudulent slates of presidential electors in seven states Biden had won, with the fake electors signing certificates falsely claiming Trump had won those states. Second, Trump allegedly pressured Vice President Mike Pence to use his ceremonial role in certifying the Electoral College results to either reject legitimate electoral votes or send them back to the states. Third, Trump allegedly attempted to enlist the Justice Department in his efforts by trying to install a loyalist as acting attorney general who would send letters to states falsely claiming the department had identified election fraud.

The January 6 Connection

The indictment framed the January 6 Capitol attack as the culmination of Trump’s efforts to overturn the election. Prosecutors alleged that when Trump’s other plans failed, he “exploited the violence and chaos” at the Capitol by pointing to the disruption as a reason for further delay of the certification. The indictment described Trump’s inaction during the attack, noting that he resisted pleas from staff, family members, and allies to call off the mob. Jack Smith stated at a brief press conference that “the attack on our nation’s Capitol on January 6, 2021, was an unprecedented assault on the seat of American democracy.”

The Legal Road Ahead

Trump pleaded not guilty at his arraignment in Washington, D.C. on August 3, 2023. The case was assigned to U.S. District Judge Tanya Chutkan, who set an aggressive trial schedule. However, the case was significantly delayed when Trump’s legal team argued that he was immune from prosecution for actions taken while president. The immunity question went all the way to the Supreme Court, which ruled in July 2024 that presidents have broad immunity for official acts but not for private conduct. The ruling sent the case back to the trial court, but no trial would occur before the November 2024 election. After Trump won the presidency, Smith dropped the case, citing longstanding DOJ policy against prosecuting a sitting president.