Trump Prosecuted in the District of Columbia
On Aug. 1, 2023, former President Donald Trump was indicted by a federal grand jury in Washington, D.C. on four counts related to alleged attempts to subvert the results of the 2020 presidential election.
Here you can find our analysis of the pretrial proceedings and indictment, court dispatches, primary source documents, docket watch, and recent podcast episodes covering this trial.
Lawfare Analysis
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The Superseding Trump Indictment Charts Jack Smith’s Path Forward
Smith has reworked the Jan. 6 case against Trump in light of the Supreme Court’s decision on presidential immunity. -
Lawfare Live: Trump Re-Indicted in the Jan. 6 Prosecution
Join the Lawfare team at 4pm for a live podcast recording. -
Lawfare Daily: What the Immunity Decision Says About Proving the Case Against Trump
Discussing footnote 3 in the Supreme Court's presidential immunity decision. -
A Rule for the Ages, or a Rule for Trump?
The majority opinion in Trump v. United States badly misstates principles of separation of powers to immunize hypothetical future presidents—in service of immunity for Trump himself. -
Goodbye to Special Counsel Investigations of Incumbent Presidents
Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office. -
Broad Reflections on Trump v. United States
The wisdom of the decision depends on unknowable future events. -
A Decision of Surpassing Recklessness in Dangerous Times
The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power. -
The Supreme Court’s Presidential Immunity Decision
A summary of the Supreme Court opinions in Trump v. United States -
Lawfare Live: SCOTUS Rules on Presidential Immunity
Watch a live podcast recording on the Supreme Court's presidential immunity decision. -
The Court’s Fischer Ruling Is a Symbolic Setback for the Justice Department—But One With Modest Consequences
The decision will dramatically impact only about 52 cases and, conceivably, not even those. It is unlikely to affect any charges against former President Trump. -
‘For the Ages’: The Supreme Court Hears the Presidential Immunity Defense
How oral argument in Trump v. United States zoomed way out, and where the Court may go from here. -
The Consequences of Jack Smith's Rush to Trial
Special Counsel Jack Smith’s rush to try Donald Trump violates Justice Department rules and presents tricky issues for the Supreme Court on the immunity issue. -
Not So Immune: The D.C. Circuit’s Forceful Rejection of Trump’s Claim of Absolute Presidential Immunity
The long-awaited opinion is unanimous, narrowly tailored, and very well could be the last word. -
Two Court Rulings on Presidential Immunity Move the Trump Cases Forward
Rulings by federal district and appeals courts in Washington, D.C. will make it a lot harder for Trump to delay his trial in the Jan. 6 case. -
With the Trump Gag Orders, Courts Confront Harassment
The gag orders against Trump in New York and Washington, D.C., reveal how the threat of violence is already shaping the cases against the former president. -
Taking Trump’s Presidential Immunity Briefing Seriously
One way or another, the former president’s motion to dismiss will make important new law on a major question of presidential power. -
Trump, Presidential Immunity, and the King’s Two Bodies
Trump’s motion to dismiss the Jan. 6 indictment is the latest expression of a long-running struggle over the nature of the presidency. -
Trump’s Motion for Recusal of Judge Chutkan Is Extraordinarily Weak
Both Supreme Court and D.C. Circuit precedents hold that a judge’s in-court statements about cases before them almost never warrant recusal. -
The Trump Defense, Part II: The Presidential Immunity Gambit
An evaluation of Trump’s argument for presidential immunity in the Jan. 6 case. -
The Legal Profession Reckons With Jan. 6
Among the co-conspirators identified by Jack Smith and Fani Willis are a great number of lawyers—many of whom are also facing potential professional sanctions. -
Why I Doubt Trump’s ‘Sincere Belief’ Defense Will Fly Before a Jury
While Trump's refusal to face facts may be unusual for an ex-president, it's not unusual for a white-collar criminal defendant. -
Three Questions About Section 241, the Conspiracy Against Rights Statute
A short primer on the Trump Jan. 6 indictment’s most surprising statute -
The Trump Defense: An Initial Evaluation
Don’t look now, but Donald Trump’s lawyer laid out his defense on the Sunday talk shows last weekend. -
More on How to Think About the Costs of the Trump Election Fraud Prosecution
In assessing the upsides and downsides of prosecuting Trump, one must think in terms of all plausible futures and counterfactuals. -
The (Many) Trials of Donald J. Trump
With civil and criminal cases underway in New York, Florida, D.C., and potentially Georgia—how is this all supposed to work? -
Does Donald Trump Have to Attend His Own Trial?
On the embarrassing state of Rule 43 law -
Escape From D.C.: The Sequel. Why Trump's Vowed Change of Venue Motion in His Jan. 6 Case Is Dead on Arrival
If Trump files such a motion, he will almost certainly lose it. -
The Big One: Trump Is Indicted for Jan. 6
Donald Trump faces accountability for his grandest crime. -
Trump Jan. 6 Indictment: The Statutes
The laws under which Trump faces charges. -
Trump Jan. 6 Indictment: The Facts
The story as told by the special counsel. -
What to Read While Waiting for a Potential Trump Indictment
Lawfare coverage on the conspiracy to defraud the U.S., corruptly obstructing an official proceeding, and conspiracy against rights statutes. -
The Last Time the Justice Department Prosecuted Election Interference Under Section 241
There’s recent precedent—as recent as spring 2023. -
A Trump Jan. 6 Indictment Appears to Be Imminent
What do we know? And what can we reasonably infer? -
Debunking Trump’s Witch Hunt Theory
How do the many cases against Donald Trump, past, present, and likely to come, interact with or depart from one another? -
Mr. Smith Goes to Washington
What triggered the appointment of a special counsel, who is Jack Smith, and what, if anything, does this mean for the investigations into Donald Trump?
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Court Dispatches
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Trump’s D.C. Criminal Case Lurches Back to Life
A dispatch from Judge Chutkan’s courtroom for a status hearing in United States v. Trump. -
Trump and Smith: Reunited at the D.C. Circuit
The former president shows up for his first D.C. Circuit argument. -
Three Appellate Judges, Two Hours, and a First Amendment Conundrum
The D.C. Circuit arguments on Judge Chutkan’s partial gag order on Trump. -
United States v. Trump Trial Diary
A first-hand account of the Trump trial in D.C. -
To Gag or Not to Gag: A First Amendment Showdown in the Jan. 6 Case
A dispatch from Judge Tanya Chutkan’s gag order hearing -
Trump Has Jan. 6 Trial Date, and It’s the Eve of Super Tuesday
A dispatch from Judge Tanya Chutkan’s courtroom. -
“He’s a Criminal Defendant”: A Protective Order Saga in the Trump Jan. 6 Case
A dispatch from Judge Tanya Chutkan’s courtroom -
Trump Faces Arraignment #3
The proceeding was short and simple. The anti-circumcision protester outside was a bit incongruous.
Documents
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Special Counsel Jack Smith Issues Superseding Indictment in Jan. 6 Case
The indictment follows the Supreme Court’s July decision on presidential immunity. -
The Supreme Court Rules on Presidential Immunity
The Court ruled that presidents enjoy absolute immunity from criminal prosecution for “official acts” and sent Trump’s case back down for fact-finding. -
SCOTUS to Hear Trump's Immunity Claim
The Supreme Court takes up Trump's presidential immunity defense. -
Trump Files Reply Brief to Government’s Immunity Response
Trump asserts that he, not the public, has a “right to a speedy trial.” -
Government Responds to Trump’s Motion for Stay of the D.C. Circuit’s Immunity Ruling
The government argues that Trump is unable to show a likelihood of success, and that the public has a strong interest in a speedy trial. -
D.C. Circuit Rules Trump is Not Immune from Prosecution
The court ruled that Trump—and any other former president—can be prosecuted for alleged crimes they committed while in office. -
Special Counsel Jack Smith Petitions the Supreme Court to rule on Trump’s Immunity Defense
Smith also filed a motion for expedited review in the D.C. Circuit to prevent delay of Trump’s Jan. 6 trial -
Chutkan Denies Trump’s Motions to Dismiss
District Judge Tanya S. Chutkan rejected two of Trump’s motions to dismiss the Jan. 6 case. -
Trump Files Reply Brief for Motion to Dismiss on Presidential Immunity
The reply brief attempts to further the case for extending immunity to criminal cases. -
Trump Files Motion to Dismiss for ‘Selective and Vindictive Prosecution’
Trump claims that the indictment is vindictive and that prosecutors have “behaved in an…unconstitutionally selective fashion.” -
Trump Files Motion to Dismiss Jan. 6 Case on Statutory Grounds
He argues that the government has failed to allege elements required under the charged statutes. -
Trump Files Motion to Dismiss Jan. 6 Case on Constitutional Grounds
Trump moved to dismiss the government’s case against him on several constitutional bases. -
Justice Dept. Opposes Trump’s Motion to Dismiss Jan. 6 Case
The government opposed Trump’s motion to dismiss the case on grounds of presidential immunity, asserting that Trump “is subject to the federal criminal laws like more than 330 million other Americans.” -
NBCUniversal Files Application to Livestream Trump’s Trial
A media coalition also requested that Judge Chutkan allow for Trump’s Jan.6 trial to be broadcast live from the courtroom -
Chutkan Issues Formal Gag Order on Trump
The order prohibits Trump from making public statements that target the special counsel, court staff, and witnesses. -
Chutkan Denies Trump's Motion for Recusal
District Judge Tanya S. Chutkan has declined to recuse herself from the Jan. 6 case, as requested by Trump in a Sept. 11 motion. -
Govt. Files Response in Opposition to Trump’s Motion to Recuse Chutkan
The Justice Department argues that Trump’s arguments fail to meet the recusal standard. -
Trump Files Motion to Recuse Judge in Jan. 6 Case
Trump argues that Chutkan’s previous “negative” comments about him in other cases “unavoidably taint” the proceedings, and therefore she is not able to give him a fair trial. -
Texas Woman Charged with Threatening Judge Chutkan
A criminal complaint alleges that on Aug. 5, Abigail Jo Shry called Juge Chutkan’s chambers, used racial slurs against her, and threatened her life. -
Twitter Fined $350,000, Failed to Comply with Trump Search Warrant
The U.S. Court of Appeals for the District of Columbia Circuit affirmed a district court decision to hold Twitter in contempt and impose a $350,000 fine. -
Government Submits Reply in Support of Protective Order in Trump Jan. 6 Case
The defense counsel responded to the government’s proposed protective order by arguing it would infringe on Trump’s First Amendment rights. -
Trump Opposes Government’s Proposed Protective Order in Jan. 6 Case
In the filing, Trump claimed that the proposed order was “overbroad” and violated his First Amendment rights. -
Trump Requests Court Delay Briefing Schedule in Jan. 6 Case
The government opposed the motion, writing that the proposal would cause “unnecessary delay to normal order.” -
Trump Indicted in Connection with Jan. 6
A D.C. grand jury voted to indict former President Donald Trump in connection with the Jan. 6 attack on the U.S. Capitol.
Recent Lawfare Podcasts
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Lawfare Daily, Trump's Trials and Tribulations: What Happens Now?
Listen to yesterday's "Trump's Trials and Tribulations" as a podcast. -
Lawfare Daily: Trump's Trials and Tribulations Weekly Round-up (October 3, 2024)
Listen to this week's "Trump's Trials and Tribulations." -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 5, 2024)
Listen to this week's "Trump's Trials and Tribulations."
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