Another indictment appears to be on the way for former President Donald Trump.
He announced on Tuesday that he received a letter from Special Counsel Jack Smith over the weekend stating that he is the target of a grand jury investigation related to January 6 and efforts to overturn the 2020 election. The 2024 GOP hopeful said on his Truth Social platform that he expects to be arrested and indicted.
On Tuesday’s show, Megyn was joined by lawyers Dave Aronberg, state attorney for Palm Beach County, FL, and Mike Davis, founder and president of the Article III Project, to discuss the news of the impending indictment and what the potential charges could be.
The Latest Case Against Trump
Since being appointed by Attorney General Merrick Garland in November, Smith has led a wide-ranging investigation into the former president. In June, a Miami grand jury convened by Smith indicted Trump on 37 felony counts over his alleged mishandling of classified documents.
Smith now appears to have his sights set on January 6 and 2020 election interference. Trump shared the news of the letter he received on Truth Social:
WOW! On Sunday night, while I was with my family, having just arrived from he Turning Point event in Florida, where I won the Straw Poll against all other Republican candidates with 85.7%… HORRIFYING NEWS for our Country was given to me by my attorneys.
Deranged Jack Smith, the prosecutor with Joe Biden’s DOJ, sent a letter (again, it was Sunday night!) stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the grand Jury, which almost always means an Arrest and indictment.
So now, Joe Biden’s Attorney General, Merrick Garland, who I turned down for the United States Supreme Court (in retrospect, based on his corrupt and unethical actions, a very wise decision!), together with Joe Biden’s Department of Injustice, have effectively issued a third indictment and arrest of Joe Biden’s NUMBER ONE POLITICAL OPPONENT, who is largely dominating him in the race for the Presidency. Nothing like this has even happened in our Country before, or even close…
THIS WITCH HUNT IS ALL ABOUT ELECTION INTERFERENCE AND A COMPLETE AND TOPAL POLITICAL WEAPONIZATION OF LAW ENFORCEMENT! It is a very sad and dark period for our Nation.– Donald Trump, July 18, 2023
People who are informed that they are targets of criminal probes are usually – though not always – indicted. Aronberg believes it is only a matter of time. “He is correct, he is going to be indicted,” he said. “It’s just a question of when.” As he explained, standard procedure is being followed by inviting Trump to testify before the grand jury. “It’s just a courtesy you give to a defendant who’s going to be indicted,” he shared. “But no one believes he’s actually going to do that… because he’s not going to get immunity.”
While the case might not be as legally robust as some of the others, it will likely get the lion’s share of attention. “I think it is not as strong of a case as the document matter,” Aronberg noted. “But… the public saw what happened on January 6, so I think this will be something that’s easier to sell to the public than the document case.”
What Trump Could Be Charged With
This would be the former president’s third indictment. In addition to the classified documents case, Manhattan District Attorney Alvin Bragg charged Trump in April with 34 felony counts of falsifying business records related to his role in hush money payments. “In the Alvin Brag case and in the documents case, we had an idea of where that was going,” Megyn said of the charges. “But this one, I don’t know what they’re going to indict him on in connection with January 6.”
So far, there is speculation that he could be charged with inciting, assisting, or engaging in an insurrection related to the events at the Capitol on January 6, obstruction of Congress, and obstruction of an official proceeding due to attempts to stop or undermine Congress’ certification of the 2020 election.
Aronberg believes some of those are on the table. “I do think he’s going to be charged with obstruction of an official proceeding and/or obstruction of Congress, and I think he’ll be charged with conspiracy to defraud the United States,” Aronberg said. “These are crimes that many other rioters from January 6 have been charged with – and you don’t have to be there at the Capitol to be charged with those crimes.” Additionally, “there’s also the possibility of wire fraud if he was involved with the ‘faker elector’ scheme, and there’s the possibility of fraud when it comes to the fundraising that occurred… for his legal defense fund,” he noted.
Davis agreed with Aronberg on what the charges are likely to be. “The theory that I’ve been seeing leaked improperly to the press is that they’re going to charge Trump maybe with some sort of conspiracy to overturn the election, maybe file false electors or false paperwork regarding the 2020 election certification,” he said.
But he does not see how they will hold up in court. “The problem with this theory is you are allowed to object to presidential elections in America – it’s specifically permitted by the Electoral Count Act of 1887,” he said. “You’re also allowed to twist arms politically in America – that is allowed under the First Amendment.” If it was a crime to object to the outcome of a presidential election, David said “Democrats would be in prison for objecting to Republican wins in 1968, 2000, 2004, and 2016.”
He believes Garland and Smith are attempting to come up with a “bogus legal theory” to eliminate Trump as a political threat. “This is part of the Democrat law-fare campaign against President Trump,” he concluded. “They fear they can’t beat him in November 2024, so they’re simply going to indict him and try to get him to die in prison instead of facing Joe Biden or Gavin Newsom.”
You can check out Megyn’s full interview with Aronberg and Davis by tuning in to episode 589 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s Triumph (channel 111) weekdays from 12pm to 2pm ET.