Former federal prosecutors believe that Trump’s third indictment is winnable, but it won’t be an easy victory.

Former federal prosecutors believe that Trump's third indictment is winnable, but it won't be an easy victory.

Trump Faces New Criminal Charges: What Lies Ahead for the Former President

Former President Donald Trump has found himself facing yet another criminal indictment. Special Counsel Jack Smith recently charged Trump with four counts relating to the January 6, 2021 Capitol riot and his efforts to overturn the 2020 presidential election. However, legal experts note that the case may not be as straightforward as it seems.

The Complexity of the Case

The conspiracy case against Trump involves a complex web of six unnamed co-conspirators and numerous witness testimonies. This complexity may prove challenging to explain to a jury of civilians. As Neama Rahmani, President of West Coast Trial Lawyers and a former federal prosecutor, states, “I think this is very winnable, but it’s not the slam dunk that the documents case is.” Earlier this year, Trump faced a federal indictment for the possession of classified government documents at his Mar-a-Lago resort. This federal indictment, along with a 34-count indictment brought by the Manhattan district attorney’s office over alleged hush-money payments to Stormy Daniels, demonstrates the legal battles Trump is facing on multiple fronts.

Federal prosecutors, in this latest indictment, have charged Trump with conspiracy to defraud the United States, conspiracy to impede the January 6 congressional proceedings, conspiracy against the right to vote and to have that vote counted, and obstruction of the certification of the electoral vote. Trump vehemently denies any wrongdoing in all of these cases.

Challenges for Prosecutors

The recent indictment heavily relies on Trump’s public statements about the 2020 election, with the charges operating on the allegation that he knew he was lying when attempting to remain in power. However, Trump could argue that he genuinely believed the election had been “stolen” and he was merely seeking justice. Prosecutors will have to present compelling evidence to establish that Trump knew his claims were false. Sarah Krissoff, a former federal prosecutor and current defense attorney, emphasizes that while intent is often inferred by action, failure to show criminal intent could undermine the prosecution’s case.

Special Counsel Jack Smith appears prepared to present evidence of Trump’s intent. Smith stated that the Justice Department would seek a speedy trial, indicating their readiness to proceed with the case. If the trial does proceed, jurors will be faced with a deluge of testimonies from powerful individuals, making witness testimony crucial. In contrast to Trump’s classified documents case, where there is surveillance footage, phone records, and an audio recording of Trump discussing the documents in question, the January 6 trial is expected to heavily rely on witness testimonies. Krissoff notes that the documents case is more accessible to a jury and the general public, making it easier to understand.

• US District Judge Tanya Chutkan assigned to Trump’s indictment.
• 2023’s best and worst credit scores by state
• Average credit score by age, state, and year.

A Path Forward for Prosecutors

According to Neama Rahmani, Special Counsel Smith seems to be laying the groundwork to overcome the challenges in the case. Rahmani believes the indictment is designed for public consumption, aiming to communicate why this case is important and why Trump’s actions are dangerous. Prosecutors may find a favorable jury in Washington, DC, where the majority of residents are registered Democrats. Rahmani comments, “They have an amazing jury pool, whereas, in Florida, juries are unpredictable. You have no idea what a Florida jury will do.”

Another factor working in favor of the prosecution is US District Judge Tanya S. Chutkan, an Obama appointee who has previously ruled against Trump and has a history of taking a tough stance on January 6 defendants. Trump’s strategy leading up to the 2024 presidential election will likely be to delay his legal troubles, hoping for a clean slate if he wins. However, Rahmani warns that federal charges, such as the classified documents indictment and the January 6 case, carry serious penalties, potentially resulting in years of imprisonment.

President Donald Trump’s latest criminal indictment presents a new chapter in his legal battles. While the case may not be a straightforward “slam dunk” for prosecutors, they have various factors working in their favor. The complexity of the case and the need to prove intent pose challenges, but Special Counsel Jack Smith appears prepared to overcome them. With a potential friendly jury pool and a Judge known for taking a tough stance on January 6 defendants, the outcome of the trial may have significant implications for Trump’s future.

• Indictment
• january 6
• Trump