Trump Says He’s a Target in Special Counsel’s Investigation Into Jan. 6

Pinned
Maggie Haberman
July 18, 2023, 9:53 a.m. ET

The letter is a sign that he is likely to be indicted in the case.

Former President Donald J. Trump said on Tuesday that he recently received a so-called target letter from the special counsel Jack Smith in connection with the criminal investigation into his efforts to hold onto power after he lost the 2020 election, a sign that he is likely to be indicted in the case.

It would be the second time Mr. Smith has notified Mr. Trump that he is a target in a federal investigation. The first, in June, was in connection to the investigation into Mr. Trump’s handling of national defense material after he left office and his alleged obstruction of efforts to retrieve it.

“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,” Mr. Trump posted on his social media platform, Truth Social, after a news inquiry into whether he had been told he is a target.

A person close to Mr. Trump confirmed he had received the letter.

It is not clear what specific aspect of Mr. Smith’s investigation into the efforts to obstruct the transfer of power that Mr. Trump may be indicted in.

This is a developing story. Please check back for updates.

Advertisement

SKIP ADVERTISEMENT
Charlie Savage
July 18, 2023, 10:02 a.m. ET

We don’t know what charges Smith is considering bringing against Trump, but commentary from many lawyers — ranging from the House committee that investigated the Jan. 6 riot to outsiders writing “model prosecution memos” — have focused in particular on the possibility of the attempted corrupt obstruction of an official proceeding, under Section 1512(c) of Title 18, and conspiracy to defraud the government under Section 371 of Title 18.

July 18, 2023, 10:03 a.m. ET

Charges of obstructing an official proceeding (Congress’s session to count electoral college votes and certify Biden’s victory) have been brought against some Jan. 6 rioters. Charges of defrauding the government could get into broader actions before Jan. 6, like the scheme to have Trump supporters pretend to be alternative slates of official electors from contested states.

July 18, 2023, 10:03 a.m. ET

Another potential charge that has been widely discussed, including in the House Jan. 6 Committee’s referral to the Justice Department and by various outside lawyers, is insurrection under Section 2383 of Title 18, which makes it a crime to incite, assist or “aid and comfort” an insurrection against the authority and laws of the federal government. That offense, however, is rarely charged and has not been brought against any Jan. 6 rioters to date.

July 18, 2023, 10:02 a.m. ET

The fact that Trump had received yet another target letter from Jack Smith was a relatively close hold in his world. He went public after a media inquiry asking if he had received one, according to a person briefed on the matter.