Trump is notified he’s a target of the US criminal probe into efforts to overturn the 2020 election
WASHINGTON — Former President Donald Trump said Tuesday he has received a letter informing him that he is a target of the Justice Department’s investigation into efforts to overturn the results of the 2020 presidential election, an indication he could soon be charged by U.S. prosecutors.
New federal charges, on top of existing state and federal counts in New York and Florida and a separate election-interference investigation nearing conclusion in Georgia, would add to the list of legal problems for Trump as he pursues the 2024 Republican presidential nomination.
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Trump disclosed the existence of a target letter in a post on his Truth Social platform, saying he received it Sunday night and that he anticipates being indicted. Such a letter often precedes an indictment and is used to advise individuals under investigation that prosecutors have gathered evidence linking them to a crime; Trump himself received one soon before being charged last month in a separate investigation into the illegal retention of classified documents.
A spokesman for special counsel Jack Smith, whose office is leading the investigation, declined to comment.
Legal experts have said potential charges could include conspiracy to defraud the United States and obstruction of an official proceeding, in this case Congress’ certification of President Joe Biden’s electoral victory.
Smith’s team has cast a broad net in its investigation into attempts by Trump and his allies to block the transfer of power to Biden in the days leading up to the Jan. 6 riot at the U.S. Capitol, when Trump loyalists stormed the building in a bid to disrupt the certification of state electoral votes in Congress. More than 1,000 people accused of participating in the riot have been charged.
Smith’s probe has centered on a broad range of efforts by Trump and allies to keep him in office, including the role played by lawyers in pressing for the overturning of results as well as plans for slates of fake electors in multiple battleground states won by Biden to submit false electoral certificates to Congress.
Prosecutors have questioned multiple Trump administration officials before a grand jury in Washington, including former Vice President Mike Pence, who was repeatedly pressured by Trump to ignore his constitutional duty and block the counting in Congress of electoral votes on Jan. 6.
They’ve also interviewed other Trump advisers, including former Trump lawyer Rudy Giuliani, as well as local election officials in states including Michigan and New Mexico who were targets of a pressure campaign from the then-president to overturn election results in their states. A lawyer for Giuliani, who participated in a voluntary interview, said Tuesday that he did not receive a target letter.
Trump has consistently denied wrongdoing and did so again in his Tuesday post, writing, “Under the United States Constitution, I have the right to protest an Election that I am fully convinced was Rigged and Stolen, just as the Democrats have done against me in 2016, and many others have done over the ages.”
Trump remains the Republican party’s dominant frontrunner, despite indictments in New York arising from hush money payments during his 2016 campaign, and in Florida, which appear to have had little impact on his standing in the crowded GOP field. The indictments also have helped his campaign raise millions of dollars from supporters, though he raised less after the second than the first, raising questions about whether subsequent charges will have the same impact.
A fundraising committee backing Trump’s candidacy began soliciting contributions just hours after he broke the news of the new letter, casting the investigation as “just another vicious act of Election Interference on behalf of the Deep State to try and stop the Silent Majority from having a voice in your own country.”
Trump was traveling to Iowa Tuesday, where he was taping a town hall with Fox News host Sean Hannity.
The Trump indictments have proven politically challenging for some of Trump’s rivals, who must be mindful of his deep support among many of the party’s primary voters.
Asked about the letter during a press conference in South Carolina, Florida Gov. Ron DeSantis, Trump’s most serious challenger, said he hadn’t seen it, but delivered his most forceful critique to date of Trump’s inaction on Jan. 6.
“I think it was shown how he was in the White House and didn’t do anything while things were going on. He should have come out more forcefully,” DeSantis said. However, he added, “But to try to criminalize that, that’s a different issue entirely.”
House speaker Kevin McCarthy, who had previously criticized Trump for his actions that day, accused Democrats of trying to “weaponize government to go after their number one opponent.”
Trump, since leaving office, has increasingly downplayed the events of Jan. 6, describing the rally he held that day as a “lovefest” and “a beautiful thing.” He has also embraced defendants jailed over their alleged roles in the insurrection, including promising to pardon a “large portion” and to issue an official apology to them if he is reelected to the White House. In June, he spoke at a fundraiser for the defendants and earlier this year collaborated on a song called “Justice for All,” a version of the Star-Spangled Banner sung by the J6 Prison choir and recorded over a prison phone line that is overlaid with Trump reciting the Pledge of Allegiance.