- The Washington Times - Thursday, August 3, 2023

Former President Donald Trump pleaded not guilty Thursday to federal charges of attempting to subvert the will of voters and remain in power after his 2020 election loss — a case poised to change America’s legal and political landscape for decades to come.

Appearing in the E. Barrett Prettyman U.S. Courthouse just blocks from the U.S. Capitol, Mr. Trump said he didn’t break the law. A pro-Trump mob stormed the Capitol on Jan. 6, 2021, moments after a rally where Mr. Trump claimed he won the election.

“Not guilty,” Mr. Trump told U.S. Magistrate Judge Moxila Upadhyaya as he stood by the defendant’s desk. His attorney, John Lauro, who was standing in front of the judge, nodded in agreement.

After his court appearance, Mr. Trump called the federal charges against him a political “persecution.”

“It’s a sad day for America,” Mr. Trump said in brief remarks on the tarmac at Ronald Reagan Washington National Airport, where his Boeing 757 was waiting to spirit him away from Washington.

Mr. Trump, 77, called the indictment, his third in four months, “a persecution of a political opponent [and] the persecution of the person that’s leading by very, very substantial numbers in the Republican primary and leading Biden by a lot.”


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Mr. Trump, the undisputed leader in the Republican presidential primary and a neck-and-neck competitor against President Biden, said: “So if you can’t beat him, you persecute him or you prosecuted him. We can’t let this happen in America.”

Earlier, Mr. Trump sat in the courtroom flanked by his two attorneys, Mr. Lauro and Todd Blanche. He listened intently and looked directly at Judge Upadhyaya as she spoke with him. He had a serious look on his face at the defendant’s table and periodically clasped his hands.

When the judge asked him questions, such as his name, his age and whether he had taken any medications, Mr. Trump answered in a serious, somber and low-pitched tone.

He said he had not taken any medications.

Special counsel Jack Smith, who brought the Jan. 6 indictment against the former president, sat on a bench behind the prosecution table and fixed his gaze on Mr. Trump.

Judge Upadhyaya scheduled the next hearing in the case for Aug. 28. That hearing will be overseen by U.S. District Judge Tanya Chutkan, who was appointed by President Obama in 2014. Judge Chutkan has earned a reputation for issuing harsh sentences to Jan. 6 rioters.

Mr. Lauro said there may be massive amounts of discovery and the defense needs an estimate from prosecutors about the volume of discovery, including documents, electronic files and any exculpatory evidence. 

Prosecutor Thomas Windom seemed to suggest that Mr. Trump’s legal team was trying to delay the proceedings.

“This case, just like any case, will benefit from normal order, including a speedy trial,” he said.

Judge Upadhyaya sought to reduce tensions. She said she “can guarantee everyone there will be a fair process and fair trial in this court.”

The parties agreed that as a condition of his release, Mr. Trump must not violate state or federal laws, must steer clear of communicating with witnesses and must appear in court as directed.

Judge Upadhyaya warned Mr. Trump that if he violated the conditions of his release, a warrant for his arrest could be issued, he could be charged with contempt of court, and he could be jailed pending trial.

Mr. Trump nodded that he understood.

At the end of the proceeding, he said, “Thank you, your honor.” Mr. Blanche put his arm around the former president and escorted him away from the defense table.

Mr. Trump flew in his jumbo jet Thursday from his summer home at his golf resort in Bedminster, New Jersey, to Washington for his first court appearance on the Jan. 6 charges. He was processed by the U.S. Marshals Service, which included taking his fingerprints and giving personal information. A mug shot was not taken because his picture is publicly available, according to the Marshals Service.

The process has become somewhat routine for Mr. Trump, who has been indicted three times since April. Mr. Smith last month charged Mr. Trump with more than 37 criminal counts for his handling of sensitive government documents. He recently added another three counts to that case.

Manhattan District Attorney Alvin Bragg filed state criminal charges against Mr. Trump for falsified business records to conceal hush-money payments in 2016 to two women and a hotel doorman.

He has pleaded not guilty in both cases.

No sitting or former president had been charged with a crime until Mr. Trump was indicted in New York.

The Jan. 6 prosecution can have long-lasting consequences for politics and the law. Mr. Trump is facing more serious charges in the case than he has in his two other legal battles. Unlike the other two cases, Mr. Trump is accused of attacking democracy itself.

The outcome also could affect how the courts define free speech in the political arena and which statements are protected by the First Amendment. It also sets a precedent in which presidents could face legal trouble for false or dubious claims.

Ahead of his court appearance, Mr. Trump accused Mr. Biden and the Justice Department of interfering in the 2024 presidential election. Mr. Trump has a double-digit lead over his rivals in the Republican presidential race and is tied with Mr. Biden in national polls.

“I am now going to Washington, D.C. to be arrested for having challenged a corrupt, rigged & stolen election. It is a great honor because I am being arrested for you. Make America Great Again! I need one more indictment to ensure my election,” he wrote on social media.

Mr. Trump was hit Tuesday with a four-count indictment, setting the stage for a high-stakes public trial. Prosecutors say he spread lies about election fraud and a stolen election and those lies “targeted a bedrock function of the United States federal government,” interfered with the nation’s process of collecting, counting and certifying votes, deprived voters of their rights and defrauded the American people.

The indictment depicts Mr. Trump’s insistence to press forward with claims that the election was tainted with rampant fraud, even though he was aware they had no merit. 

It details how he pressured officials in battleground states he lost to support his mission to remain in power. When those efforts failed, Mr. Trump ordered the Justice Department to launch election fraud investigations and pressured Vice President Mike Pence to overturn the results when presiding over Congress’ certification of the Electoral College votes on Jan. 6.

Mr. Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding and conspiracy against the rights of citizens.

The statutes carry stiff penalties. Attempting to obstruct an official proceeding and obstructing an official proceeding each carry a maximum 20-year prison sentence. Conspiracy against rights carries a 10-year sentence.

Although the indictment named Mr. Trump alone, it included six co-conspirators with information that makes them identifiable as Trump attorneys Rudolph W. Giuliani, Sidney Powell, John Eastman, Kenneth Chesebro and former Justice Department official Jeffrey Clark. A sixth co-conspirator, a political consultant, has not been identifiable.

The indictment creates further legal and political headaches for Mr. Trump just as the Republican primary season heats up.

The district attorney in Fulton County, Georgia, also is investigating Mr. Trump for election interference in that state and could pull the trigger on an indictment later this month. Mr. Trump has denied wrongdoing in Georgia.

Mr. Trump has not been damaged politically by his mounting legal jeopardy. His fundraising spiked after his previous indictments, and he has portrayed himself as a victim of a scheme by Democrats to keep him from returning to office.

Attorney General Merrick Garland has denied such claims and defended Mr. Smith’s “commitment to integrity and the rule of law.”

Mr. Garland appointed Mr. Smith in November to oversee the classified documents case and the Jan. 6 investigation, arguing that the appointment of a special counsel insulates the cases from political interference.

Before leaving Washington on Thursday, Mr. Trump provided a harsh commentary on the condition of the District of Columbia’s streets, which he viewed out his SUV window as he drove to and from the airport.

Mr. Trump said he was saddened by “the decay, and all of the broken buildings and walls and the graffiti.”

“This is not the place that I left. It’s a very sad thing to see it,” he said. 

Susan Ferrechio contributed to this report.

• Jeff Mordock can be reached at jmordock@washingtontimes.com.

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