The latest on the indictment of Donald Trump
- Former President Donald Trump was indicted Tuesday by the grand jury convened by special counsel Jack Smith to investigate Trump and his allies' attempts to overturn the 2020 election.
- The former president has been charged with four counts: conspiracy to defraud the United States "by using dishonesty, fraud and deceit to obstruct the nation’s process of collecting, counting, and certifying the results of the presidential election"; conspiracy to impede the Jan. 6 congressional proceeding; a conspiracy against the right to vote and to have that vote counted; and obstruction of the certification of the electoral vote.
- Trump also faces charges in a separate case brought by the special counsel. He has been accused of mishandling the nation's secrets since leaving the White House.
- Trump was charged by Manhattan District Attorney Alvin Bragg earlier this year in connection with hush money payments to adult film star Stormy Daniels ahead of the 2016 election. The former president also could still be indicted in Georgia, where a prosecutor is investigating the effort to overturn the election there.
- Trump has denied wrongdoing in all the cases.
This event has ended. Get more live coverage of former President Donald Trump's arraignment here.
News organizations start lining up to cover Trump's arraignment
Around 5 p.m. ET, newspeople from several news organizations starting forming outside the federal courthouse in Washington, D.C., where Trump is scheduled to be arraigned tomorrow afternoon.
The line consists of about 50 people and continues to grow.
Co-conspirator 6 is not Michael Roman; identity remains unconfirmed
While details in Trump's latest indictment, along with transcripts and other records, appear to confirm the identities of five of his unnamed co-conspirators, the identity of co-conspirator 6 remains a mystery.
But an NBC News analysis shows that person is not Michael Roman, who directed Election Day operations for the Trump campaign, as some have privately speculated.
Paragraph 64 of the indictment says that, “on December 13, at a Campaign staffer’s request, Co-Conspirator 5 drafted and sent fraudulent elector certificates for the Defendant’s electors in New Mexico, which had not previously been among the targeted states.”
Among the publicly available documents produced to the Jan. 6 Committee, NBC News located a Dec. 13 email from Kenneth Chesebro, who appears to be co-conspirator 5, to Roman attaching those New Mexico documents and reflecting that Roman is the campaign staffer who requested them. That would indicate that Roman is the campaign staffer referred to, not co-conspirator 6.
This email was provided to the committee by Josh Findlay, the third person on the email and a Trump campaign lawyer.
Rudy Giuliani and Sidney Powell appear to be among alleged Trump co-conspirators
The remarkable third indictment of former President Donald Trump returned by a federal grand jury on Tuesday includes six, unnamed, unindicted co-conspirators. But it also contains clues to their identities.
Five of the six alleged co-conspirators, based on details provided in transcripts of testimony to the Jan. 6 Committee and other records, appear to be: former New York City mayor and longtime Trump attorney Rudy Giuliani; lawyer John Eastman, who spoke at the Jan. 6 rally and helped architect the “fake electors scheme“; attorney Sidney Powell, who helped lead Trump’s post-campaign legal efforts and promoted conspiracy theories; former Justice Department official Jeffrey Clark, whom Trump considered making his attorney general; and Kenneth Chesebro, another attorney pushing the “fake electors scheme.”
It is not clear who co-conspirator 6 is.
Prosecutors typically don’t name alleged co-conspirators who have not yet been charged with any crimes.
Pence denounces Trump's 'crackpot lawyers'
Pence, in remarks to reporters at the Indiana State Fair in Indianapolis on Wednesday, said Trump was surrounded by “crackpot lawyers” after the 2020 election who only told him what his “itching ears” wanted to hear.
"I was fully prepared to make sure that we heard all the arguments and concerns the members of Congress had brought, but because of the riot and because of, because of the assertion by the president and his crackpot lawyers that I could overturn the election, the violence that ensued eclipsed all of that," Pence said.
The former vice president also claimed he learned of Trump’s efforts to install fake electors in states from the indictment released Tuesday.
"I really do believe that anyone who puts himself over the Constitution should never be president of the United States," Pence said. "And anyone who asks someone else to put themselves over the Constitution should never be president of the United States again."
Still, Trump is “entitled to a presumption of innocence" unless he is convicted, he added.
Later on Wednesday, Trump attacked Pence on his Truth Social account, saying his 2024 rival was attracting "no crowds, enthusiasm, or loyalty."
"He didn’t fight against Election Fraud, which we will now be easily able to prove based on the most recent Fake Indictment," Trump claimed.
Secret Service says it's working with Capitol Police and local authorities to ensure Trump's safety during his arraignment
Anthony Guglielmi, the Secret Service’s chief of communications, said Wednesday that the agency, along with Capitol Police and local authorities, are working to ensure Trump's safety during his arraignment on Thursday.
In a statement posted on X, formerly known as Twitter, Guglielmi wrote that the Secret Service is “working closely with the Metropolitan Police Department, U.S. Marshals Service, U.S. Capitol Police and the Federal Protective Service to ensure the highest levels of safety and security for the former president, while minimizing disruptions to the normal court process.”
Guglielmi said that he has the "utmost confidence in the dedication and commitment to security shared by all our law enforcement and government partners."
“There may be short term traffic implications,” Guglielmi added.
Special counsel asks for conflict of interest hearing in classified documents case
Special counsel Jack Smith has asked Judge Aileen Cannon to schedule a hearing to discuss potential conflicts of interest stemming from defense lawyer Stanley Woodward’s representation of Walt Nauta and various other witnesses in the classified documents case.
Nauta — Trump's personal aide who was indicted alongside the former president in the case involving more than 100 classified documents recovered from his Mar-a-Lago resort — pleaded not guilty in federal court in Florida in July.
Woodward, who entered the plea on behalf of Nauta, declined to comment on Smith's request for the conflict of interest hearing.
Smith’s probe into Trump and his allies’ attempts to overturn the 2020 election had been ramping up when Trump was indicted in June in a separate case in which he was accused of mishandling classified documents.
John Eastman's legal team says he would decline a plea deal
The legal team for lawyer John Eastman, accused of helping architect the "fake electors scheme," said the former Trump adviser would decline a plea deal if offered one by federal prosecutors.
Eastman's lawyers also claimed the indictment "relies on a misleading presentation of the record to contrive criminal charges against presidential candidate Trump and to cast ominous aspersions on his close advisors."
They pointed to a statement they attributed to former Vice President Mike Pence, claiming "the uninitiated reader of the indictment would have no idea that former Vice President Pence is on record stating that in the 2020 election there were 'significant allegations of voting irregularities and numerous instances of officials setting aside state election law.'"
"This is but one example of the indictment’s false presentation of the record; countless more will be revealed in time," they wrote.
"With respect to questions as to whether Dr. Eastman is involved in plea bargaining, the answer is no," Eastman's lawyers added. "But if he were invited to plea bargain with either state or federal prosecutors, he would decline. The fact is, if Dr. Eastman is indicted, he will go to trial. If convicted, he will appeal."