The latest indictment drops

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Aug 01, 2023 View in browser   By Calder McHugh Special Counsel Jack Smith speaks to the media about an indictment of former President Donald Trump today at a Department of Justice office in Washington. | Jacquelyn Martin/AP Photo THRICE INDICTED — Former President Donald Trump was indicted today for a third time in the last five months, in connection to his attempts to overturn the 2020 election — efforts which culminated in the Jan. 6 attack on the Capitol. The charges: Trump faces four charges, including one count of conspiracy to defraud the government, one count of conspiracy to violate rights, one count of conspiring to obstruct an official proceeding and one count of obstructing an official proceeding. The charges accuse Trump of depriving people of their civil rights provided by federal law. The now unsealed indictment also included six unindicted co-conspirators. Based on context, four of those conspirators appear to be Rudy Giuliani, John Eastman, Jeffrey Clark and Ken Chesebro. The indictment argues that Trump illegally attempted to overturn “the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted and certified.” In a news conference, special counsel Jack Smith — in a room with over 30 prosecutors and Justice Department employees — said the attack on the Capitol was “fueled by lies,” and that his team is not finished: “Our investigation of other individuals continues.” Trump’s response: The Trump campaign released a statement, reading in part, “This is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election,” before the indictment was unsealed. His aggrieved response, in a statement, was notable for its lack of restraint and evocation of Nazi Germany. “The lawlessness of these persecutions of President Trump and his supporters is reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes.” Afterwards, Trump’s team sent a fundraising email, reading, “Their only hope is to try and send me to JAIL for the rest of my life… Even after 3 indictments, I will continue to stand in their way, because the fate of our nation hangs in the balance in the 2024 election.” What distinguishes this indictment from the other two: Unlike in the Manhattan case and the classified documents case in Florida, this indictment was brought by a special counsel who was appointed by Attorney General Merrick Garland after the conclusion of the House Select Committee on the Jan. 6 Attack. That committee made four criminal referrals to the Justice Department: obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement and inciting or assisting an insurrection. The indictment released today includes charges that are similar to the criminal referrals made by the Jan. 6 committee. What’s next: Trump will be arraigned and will assuredly plead not guilty to the charges against him, just as he has in the other two cases this year. The court will then set a preliminary date for a pre-trial hearing or a trial. This is where things get tricky. Trump’s lawyers have argued that his cases should be delayed until after the 2024 election given his status as a presidential candidate. Currently, the New York state hush money case and the classified documents case are set for late March 2024 and early April 2024, respectively. At least one will likely have to move so as not to conflict with one another, even if Trump can’t successfully argue they should be delayed until after the election. A judge will need to set the date for the election interference case, at which point the fight between government lawyers and Trump’s team will intensify. It’s plausible Trump could stand trial in up to four criminal cases before the 2024 election — including another possible indictment in Fulton County, Georgia — or none. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com. Or contact tonight’s author at cmchugh@politico.com or on Twitter at @calder_mchugh.   YOUR TICKET INSIDE THE GOLDEN STATE POLITICAL ARENA: California Playbook delivers the latest intel, buzzy scoops and exclusive coverage from Sacramento and Los Angeles to Silicon Valley and across the state. Don't miss out on the daily must-read for political aficionados and professionals with an outsized interest in California politics, policy and power. Subscribe today.     What'd I Miss? — Poll: Biden and Trump in a dead heat in hypothetical 2024 rematch: Joe Biden and Donald Trump are tied in a hypothetical rematch at 43 percent support for their return to the White House in 2024, according to a July poll from The New York Times and Siena College released today. When asked who they would vote for between Biden as the Democratic nominee and Trump as the GOP’s, both saw 43 percent support among the surveyed registered voters. Trump saw slightly more support from his base than Biden, with 88 percent of registered Republicans selecting Trump versus 83 percent of Democrats choosing Biden. Independents favored Biden with 42 percent support over 37 percent for Trump. — Harris rejects DeSantis’ offer to debate Florida’s new Black history standards: Vice President Kamala Harris today rejected Florida Gov. Ron DeSantis’ offer to debate the state’s recent guidelines on teaching the African American experience, calling him part of a group of “extremist, so-called leaders” trying to rewrite the “ugly parts of history.” In a letter Monday, DeSantis asked Harris to visit Florida and discuss his state’s contentious new teaching standards on African American history. Since July 20, Harris has sharply criticized the state’s new education standards on Black history, a 216-page document containing instruction that slaves developed skills that, “in some instances, could be applied for their personal benefit.” — State Department IG scrutinizing diplomat’s clearance suspension: The State Department’s internal watchdog is scrutinizing the circumstances surrounding the suspension of a top diplomat’s security clearance, according to a letter sent July 21 and viewed by POLITICO. In the letter, the acting head of the State Department’s Office of Inspector General, Diana Shaw, told a group of Republican senators that her office is looking into the suspension of Rob Malley’s security clearance, taking a step that could lead to a formal investigation. Until late April, Malley helmed the Biden administration’s efforts to restart a nuclear deal with Iran. But his security clearance was suspended on April 22, according to a person with knowledge of the move, for reasons that remain unknown. Despite losing his access to classified information, Malley kept doing limited work at State for more than two months. But when CNN reported that the clearance had been suspended, he went on unpaid leave. Nightly Road to 2024 NO LABELS PITCH — The centrist group No Labels has targeted Republican donors disaffected with Donald Trump, pitching its unity ticket as a way to beat the former president without funding an entity assisting President Joe Biden, POLITICO reports. Such a strategy was confirmed by three people who have either heard the pitch or are familiar with it and were granted anonymity to speak candidly about private fundraising conversations. It could have profound political ripple effects, complicating both the current Republican primary and future general election by siphoning funds away from candidates and entities challenging Trump to a ticket that does not yet exist. DIMINISHING RETURNS — Donald Trump’s legal troubles have created windfalls for his political fundraising in the past. And his team has not been shy about using various investigations, indictments and court appearances to turbocharge his donor base, POLITICO reports. But new data filed with the Federal Election Commission by WinRed, the premiere GOP donation processor used by Trump and most other Republican candidates, shows that trend may be ebbing. The former president’s fundraising did not spike as high after his second indictment in June compared to his first one in the spring. All told, Trump raised nearly $4 million via WinRed from nearly 80,000 distinct donors April 4, the day he pleaded not guilty in a Manhattan court on charges of falsification of business records related to payouts to porn star Stormy Daniels. It was his best online fundraising day of the year. TIPPING POINT — Based on the two most recent elections, Wisconsin is the closest thing to an indispensable state in presidential politics. By any measure, it’s one of the three or four states that matter most in 2024 and has its own special claim to being the most pivotal of all the battlegrounds, writes the Milwaukee Journal Sentinel. The case for this lies in its role as the “tipping point state” in 2016 and 2020. “Tipping point” is a concept that has gained currency among analysts as a way of capturing the relative importance of battleground states to the Electoral College outcome. It refers to the state that pushes the winner past the finish line, supplying the final votes he or she needs to reach a majority of 270 in the Electoral College. This is calculated by ranking every state from reddest to bluest (or vice versa) based on their popular vote margin, then identifying the state in between those poles whose electoral votes are the difference between winning and losing. TRUMP’S CALIFORNIA EDGE — Suddenly, California’s 2024 Republican presidential primary looks like it’s positioned to give former President Donald Trump a huge boost, reports the Sacramento Bee. The state’s GOP executive committee changed the rules over the weekend so that any candidate getting a simple majority — 50% plus one — wins all of the state’s 169 delegates. If no one gets a majority, delegates would be awarded according to candidates’ vote percentages. In theory, that could have meant Trump alternatives in less conservative areas — think San Francisco, Los Angeles or Sacramento — could have had a better shot at more delegates. “The rule is also a self-inflicted wound, as candidates now have no incentive to organize and spend money at the district level. Very disappointing,” said Dave Gilliard, a Rocklin-based GOP consultant. Matt Rexroad, a Yolo County-based strategist, said that the congressional district allocation method was designed to encourage presidential candidates to campaign all over the state. “That is lost with this change. It may be good for Trump but it is bad for the Republican Party. Of course, Trump does not care about the party at all except as a funding vehicle,” said Rexroad, a Yolo County-based GOP consultant. AROUND THE WORLD Israelis protest against plans by Prime Minister Benjamin Netanyahu's government to overhaul the judicial system in Tel Aviv, Israel on July 29. | Tsafrir Abayov/AP Photo FULL HEARING — Israel’s Supreme Court said Monday that a full panel of 15 justices would hear petitions in September against a contentious law that was passed last week by Prime Minister Benjamin Netanyahu’s government and which has spurred mass protests. The law was one of a series of proposed changes to Israel’s judiciary put forward by Netanyahu’s government earlier this year that seek to curb the power of the Supreme Court. The judicial overhaul plan has been met with months of sustained mass protest against the legislation and drawn criticism from the White House. Critics of the overhaul say that the package of laws would concentrate power in the hands of the ruling coalition and erode the system of checks and balances between branches of government. Proponents say the measures are necessary to limit the power of unelected judges who they say are overly activist. Netanyahu and his allies passed a law last week that removes the high court’s ability to annul government decisions considered “unreasonable.” The “reasonableness standard” was implemented by the Supreme Court earlier this year to thwart the appointment of a Netanyahu ally as interior minister after he had recently pleaded guilty to tax offenses. The court said the hearing concerning the law striking down the “reasonableness standard” would take place on Sept. 12 with a full bench of 15 justices. The Supreme Court typically hears cases with smaller panels of justices, but appears to have opted for a full complement of judges because of the highly delicate nature of the matter.   HITTING YOUR INBOX AUGUST 14—CALIFORNIA CLIMATE: Climate change isn’t just about the weather. It's also about how we do business and create new policies, especially in California. So we have something cool for you: A brand-new California Climate newsletter. It's not just climate or science chat, it's your daily cheat sheet to understanding how the legislative landscape around climate change is shaking up industries across the Golden State. Cut through the jargon and get the latest developments in California as lawmakers and industry leaders adapt to the changing climate. Subscribe now to California Climate to keep up with the changes.     Nightly Number $57 million The amount that Donald Trump’s fundraising committee and its two affiliates — the former president’s official campaign and his leadership Save America PAC — have collectively spent in the first half of 2023. That’s more than the $53.8 million that his campaign has raised in the same time period, by itself a figure that blows all of his Republican opponents’ fundraising totals out of the water. The biggest expenses for the Trump campaign were legal consulting fees. RADAR SWEEP UNDER MANAGEMENT — Public reputations — and legacies — don’t happen by accident. They’re often carefully managed, either by a person who wants to burnish their own reputation or by another interested party. And this doesn’t stop after someone dies, it only keeps going with an estate or family member taking on the mantle. In a fascinating case study, Alejandro Chacoff digs into the life of María Kodama, Jorge Luis Borges’ wife, whose fierce loyalty to the Argentine writer transformed his legacy in the public eye. Jessica Sequeira translated Chacoff’s piece for The Dial. Parting Image On this date in 1972: Sen. Thomas Eagleton, center rear, has his head down as he listens to Democratic presidential hopeful Sen. George McGovern's announcement that Eagleton is stepping aside as vice-presidential running mate at a Washington news conference. Eagleton was named McGovern's running mate 18 days earlier, but Eagleton's unreported history of depression — which had led to hospitalizations — led to the McGovern campaign's decision to drop him from the ticket. | AP Photo Did someone forward this email to you? Sign up here.   Follow us on Twitter Charlie Mahtesian @PoliticoCharlie Calder McHugh @calder_mchugh Katherine Long @katherinealong   Follow us

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