Former President Donald Trump is set to appear at a federal courthouse in Washington, D.C., on Thursday to face charges that he sought to overturn the results of the 2020 presidential election.
Trump is expected to appear Thursday at approximately 4:00 p.m. ET before U.S. Magistrate Judge Moxila A. Upadhyaya, an appointee of his successor, President Joe Biden at the D.C. courthouse where more than 1,000 of his supporters have been tried and charged with crimes related to the Jan. 6, 2021, insurrection at the U.S. Capitol.
The former president left his golf club in New Jersey after 1:00 p.m. ET to travel to the nation’s capital via private plane. As he left for Washington, Trump claimed that Thursday’s proceedings would involve an “UNFAIR VENUE” and an “UNFAIR JUDGE.”
“I AM NOW GOING TO WASHINGTON, D.C., TO BE ARRESTED FOR HAVING CHALLENGED A CORRUPT, RIGGED, & STOLEN ELECTION,” Trump baselessly charged in a post on his Truth Social platform earlier Thursday. “IT IS A GREAT HONOR, BECAUSE I AM BEING ARRESTED FOR YOU. MAKE AMERICA GREAT AGAIN!!!”
Protesters and supporters alike gathered outside the courthouse on Thursday to await the return of the former president to Washington. One man, Domenic Santana, 61, of Miami, wore a prison uniform costume and held a sign reading “Lock Him Up,” a reference to Trump’s now-infamous campaign chants about his Democratic opponent in the 2016 election, Hillary Clinton. Others held large signs with letters spelling out “J-U-S-T-I-C-E” outside the courthouse.
Domenic Santana, 61, of Miami, holds a sign that reads “Lock Him Up” at the E. Barrett Prettyman U.S. Federal Courthouse, Thursday, Aug. 3, 2023, in Washington. (AP Photo/Jacquelyn Martin)
One man wearing a “New York for Trump” hat held up a mask bearing the former president’s visage, while other supporters held signs and wore shirts reading “Blacks for Trump.” One wielded a large flag that read “Trump for President” with “’24” on either side.
A person in a car holds up an image of Former President Donald Trump near the E. Barrett Prettyman U.S. Federal Courthouse, Thursday, Aug. 3, 2023, in Washington. (AP Photo/Jacquelyn Martin)
Those demonstrators on either side were joined by law enforcement, enhanced security measures and, of course, personnel and equipment from dozens of news outlets from across the country and around the world.
The case has been assigned to Tanya Chutkan, who was named to the bench by Trump’s predecessor, former President Barack Obama. Chutkan has ruled against Trump in 2021 in a case involving his records being sent to the House panel investigating the Jan. 6, 2021, insurrection at the U.S. Capitol and has doled out tough sentences to rioters who stormed the building.
A federal grand jury on Tuesday indicted Trump on four counts, including conspiracy to defraud the United States, in a case brought by Justice Department special counsel Jack Smith. Trump has denied any wrongdoing, branding the indictment as “fake” and repeatedly calling Smith “deranged.”
Demonstrators protest outside of the E. Barrett Prettyman U.S. Federal Courthouse, Thursday, Aug. 3, 2023, in Washington. (AP Photo/Jose Luis Magana)
The indictment alleges that Trump and six unnamed co-conspirators sought to spread falsehoods about the results of the 2020 election in an effort to overturn the results of the election and block the peaceful transition of power to Biden.
Five of those co-conspirators have apparently been identified: former New York mayor Rudy Giuliani (“co-conspirator 1”), attorney John Eastman (“co-conspirator 2”), attorney Sidney Powell (“co-conspirator 3”), Justice Department official Jeffrey Clark (“co-conspirator 4”) and attorney Kenneth Cheseboro (“co-conspirator 5”).
“Despite having lost, [Trump] was determined to remain in power,” the indictment reads, adding that “for more than two months” after the 2020 election, the former president “spread lies that there had been outcome-determinative fraud in the election and that he had actually won.”
“These claims were false, and [Trump] knew they were false,” the court filing reads. “But [Trump] repeated and widely disseminated them anyway — to make his knowingly false claims legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.”
Those lies resulted in the brazen attack on the Capitol on Jan. 6, 2021, when a mob of Trump’s supporters stormed the building as lawmakers met to certify Biden’s win. More than 1,000 people in nearly all 50 states have been arrested in connection with the riot.
“The attack on our nation’s capitol on Jan. 6, 2021, was an unprecedented assault on the seat of American democracy,” Smith said on Tuesday. “As described in the indictment, it was fueled by lies — lies by [Trump] targeted at obstructing the bedrock function of the U.S. government, the nation’s process of collecting, counting and certifying the results of the presidential election.”
Trump’s attorneys have signaled a First Amendment-based defense, that his indictment is an attack on free speech. Defense attorney John Lauro told CNN on Tuesday that the indictment is an “attack on free speech and political advocacy” and an effort to not only criminalize, but also to censor free speech.”
“And there’s nothing that’s more protected under the First Amendment than political speech,” Lauro said.
But experts have cast doubt on that line of defense, saying the allegations laid out in the indictment go beyond free speech.
“Saying a statement in isolation is one thing,” Mary Anne Franks, a law professor at George Washington University, told The Associated Press. “But when you say it to another person and the two of you speak in a way and exchange information in a way that leads to action — that you want to take action to do something with that speech — then arguably it becomes unprotected.”
Tuesday’s indictment in the nation’s capital is Trump’s third this year. Before Tuesday, Trump faced nearly 75 charges across two previous cases: Thirty-four in a New York case stemming from alleged hush money payments to an adult film star before the 2016 presidential election, and 40 brought by the Justice Department in a separate case related to alleged mishandling of classified documents at his Florida estate. Trump has pleaded not guilty in both cases, branding them as partisan witch hunts.
Trump could also face charges in Georgia, where Fulton County District Attorney Fani Willis has been probing efforts by Trump and his allies to overturn the state’s election results. Charging decisions in that case are expected in early August.
The Associated Press contributed to this report.
