Friday Round Up! 7/21/23

Third time is a charm, right? It looks like Trump is about to be indicted, again.

Time to make the donuts. I mean, indictments. The big news this week was that Trump received a target letter from Special Counsel Jack Smith, which means that Trump has notified that the Justice Department has substantial evidence that he committed a crime and is likely to be charged. Smith offered Trump the opportunity to testify in front of the grand jury in Washington, D.C. — which, of course, Trump (wisely) did not do. It’s not clear whether his lawyers have requested a meeting with Smith, as they did before he was indicted for possessing classified documents at Mar-a-Lago, to try to persuade him not to move forward. Renato and I discussed how significant the January 6 case will be in the context of all of the other charges he’s facing, as well as the less-covered charges filed this past week by Michigan’s Attorney General against sixteen fake electors in that state:

Renato and I recorded our podcast before the reporting indicating that Smith has specified three crimes in the target letter:

• 18 U.S.C. 371 (conspiracy to defraud the United States)

• 18 U.S. 1512(c) (obstruction of an official proceeding)

• 18 U.S.C. 241 (conspiracy against rights)

We’ll break down these charges in the coming week’s podcast (I’ve also referenced a good explainer in my recommended readings below). It’s worth noting that a charge that Smith did not list, which Renato and I had discussed last week, is 18 U.S.C. 2383 which would have held Trump criminally accountable for inciting an insurrection. I had always been a fan of that particular statute, both because it squarely encompasses the conduct which led to the violence on January 6, and because it carries as a penalty a prohibition on holding public office. However, that charge would have been an uphill constitutional battle because it runs headlong into First Amendment protections for political speech. So, while it’s disappointing, it’s not necessarily surprising and probably wise, especially if Smith wants to expedite the process and get to trial without too many delays. (I should add here that the statutes mentioned in the target letter need not be exhaustive, though most legal commentators I have listened or spoken to don’t believe he will add to the three above.)

Noteworthy clips from this week:

If you’re wondering where I am, I’m visiting my sister in Dallas and had to do the hit in my niece’s bedroom.

Additional articles worth reading:

• This explainer by

  Randall Eliason
  on the three statutes listed in Trump’s target letter

• This op-ed by Ryan Goodman and Norm Eisen on the fake electors charges in Michigan and how they represent a tidy and approropriate division of labor between the feds and the states

Upcoming events:

A quick note: With breaking news surrounding Trump (especially given that we are expecting charges to be filed in both the January 6 case and in Georgia), my schedule may change due to ABC News programming; please keep an eye out for any changes to the times for some speakers/office hours. I apologize in advance and appreciate your patience!

• NEW TIME: Guest Speaker Beverly Gage, Pulitzer Prize-winning author of G-Man: J. Edgar Hoover and the Making of the American Century, Wednesday, July 26, 6 p.m. EDT. Zoom link will be sent to paid members at 3 p.m.

• NEW: Zoom Office Hours, Wednesday, August 2 at 4 p.m. EDT. Zoom link will be sent to paid members at 1 p.m.

• NEW: August Wine & Fries Happy Hour with Michael Cohen (yes that Michael Cohen!), date/time TBA — I promise this will be a fun and hilarious conversation you won’t want to miss!