Donald Trump indictment: What it means for former president

The judge overseeing Donald Trump’s indictment has previously jailed 31 Capitol rioters. Here’s what you need to know about the former president’s indictment.

Donald Trump will appear in front of America’s “toughest punisher” after becoming the first US president - former or current - to be charged with criminal activity.

Mr Trump was charged with trying to overturn the 2020 election, after being indicted by a grand jury.

The former president will stand before Justice Tanya Chutkan, who has been dubbed the “toughest punisher” after jailing all 31 of the 2021 Capitol rioters who stood before her.

Judge Chutkan will oversee the case against Mr Trump, and could send him to prison if he is found guilty.

Here’s everything you need to know about the indictment:

TRUMP DEFENCE TO ARGUE ‘FREE SPEECH’

Donald Trump’s attorney John Lauro has indicated plans to argue the former president is being put on trial over free speech.

Mr Lauro made the comment during an appearance on NBC’s Today show, where he also objected to special counsel Jack Smith’s push to hold the trial in 90 days, calling it “absurd”:

“To take President Trump to trial in 90 days, of course, is absurd. The question is why do they (the special counsel) wanna do that,” Lauro told Savannah Guthrie.

Mr Lauro also indicated that he planned to argue Smith was putting Trump on trial over his speech, which would go against the first amendment:

Mr Trump’s attorney also told CNN the indictment was “an effort to not only criminalise, but also to censor free speech”.

While Mr Trump’s finger prints would be recorded, he is not expected to have his mug shot taken.

WHO IS THE JUDGE OVERSEEING THE TRUMP CASE?

US District Judge Tanya Chutkan, appointed by former President Barack Obama, has a history that doesn’t bode well for Donald Trump.

Chutkan, who has delivered some of the toughest sentences against January 6 rioters, delivered two years ago that set in motion this week’s indictment.

In 2021, she ruled Trump’s White House files could be accessed by the US House of Representative’s January 6 select committee, which became evidence used by special counsel Jack Smith.

In the ruling, she wrote: “Presidents are not kings, and Plaintiff is not President.”

WHAT HAS TRUMP BEEN CHARGED WITH?

The former US president is facing four federal criminal charges over his efforts to overturn his 2020 presidential election defeat.

These are: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of an official proceeding; and conspiracy to violate civil rights.

Former US president Donald Trump is set to face court. Picture: AFP

WHAT DOES THE INDICTMENT ALLEGE?

The 45-page indictment accuses him of a five-part scheme to subvert the election:

– Using false claims of election fraud to pressure election officials to ignore legitimate results and shift votes from Joe Biden to Mr Trump himself;

– Organising fake slates of electors in seven states to defraud the electoral college system that determines the election winner;

– Using the Justice Department to conduct sham election crime investigations;

– Attempting to force former vice president Mike Pence to fraudulently alter the election results in his ceremonial certification role in Congress on January 6, 2021;

– Exploiting the violent invasion of the Capitol building on January 6 to pressure Mr Pence and members of Congress to delay the certification of Mr Biden’s victory.

Donald Trump is continuing to campaign for next year’s presidential election. Picture: AFP

WHEN WILL TRUMP FACE COURT?

Mr Trump is due to be arrested and arraigned in the US District Court in Washington DC on Thursday (local time).

Special counsel Jack Smith, who brought the charges, has said he will push for a speedy trial, although Mr Trump’s legal team has continually sought to delay the cases against him.

WHAT ABOUT TRUMP’S CAMPAIGN?

Trump is continuing to campaign for next year’s presidential election, and a guilty verdict would not legally prohibit him from running for office or returning to power.

The defiant former US president faces dozens of other charges. Picture: AFP

WHAT OTHER CHARGES IS TRUMP FACING?

He faces 40 federal criminal charges over his alleged unauthorised retention of classified documents after leaving office and his obstruction of efforts by authorities to retrieve them. A trial has been set for May next year.

WHAT ABOUT THE STORMY DANIELS CASE?

Mr Trump faces 34 state criminal charges over hush money payments allegedly used to silence porn star Stormy Daniels from claiming she had an affair with him before the 2016 election. A trial has been set for March next year.

WILL TRUMP BE INDICTED IN GEORGIA?

Prosecutors in Georgia are preparing to indict him this month over his efforts to overturn his 2020 defeat in that state.

Originally published as Donald Trump indictment: What it means for former president