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SUBSCRIBER EXCLUSIVE | AUGUST 7, 2023

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President Trump Returns to Washington

Former President Donald Trump on Aug. 4 returned to Washington, D.C., for an arraignment on charges related to his claims about and actions to combat alleged election fraud in the 2020 election.

Special Counsel Jack Smith, who brought the charges against Mr. Trump, says that the former U.S. president's claims of outcome-determinant election fraud and efforts to interfere with the counting of votes in key battleground states constituted a criminal effort to overthrow and defraud the United States government.

Mr. Smith had Mr. Trump arraigned on four charges: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. The felony charges, largely related to Mr. Trump’s actions on and leading up to the Jan. 6 Capitol breach, carry a maximum penalty of 55 years in prison or fines up to $755,000.

Mr. Trump and his attorneys have decried the charges as attacking the right to free speech, with lead attorney John Lauro to warn that “the First Amendment is under assault.”

Mr. Trump made his court appearance in the E. Barrett Prettyman Court House, a federal court located just a few hundred yards from Capitol Hill.

By 6 a.m. on the Friday, ten hours before Mr. Trump's 4 p.m. arraignment hearing was set to begin, several dozen reporters were already lined up beside the doors leading into the courthouse. Television and camera crews had claimed space across nearly the entire perimeter of the courthouse. Barricades striped by U.S. Marshal tape warning people not to cross stretched for several blocks around the area of the courthouse.

The day before, office buildings in the area—including the management of the Washington, D.C., office of The Epoch Times—had issued notices to tenants warning them to expect delays and traffic jams ahead of the trial. Despite this, traffic was largely still allowed to move freely.

Screening of the press by U.S. Marshals to enter the building began around 7 a.m., with strict security measures in place similar to those undertaken by the Transportation Security Administration at airports: members of the press were asked to remove their belts, any electronics, and place their bags and coats for scanning by an X-ray machine.

The building offered two overflow rooms with around 100 seats for the large quantity of press expected that day. However, coveted space in the courtroom itself was highly limited, with only five seats offered to press, handed out by lottery. Remaining press were to view the proceedings through closed-circuit live feed played on several screens in the overflow rooms.

Trump Arrives

At around 3 p.m., Mr. Trump’s private aircraft touched down at Reagan National Airport in Virginia.

Ahead of his arrival at the courthouse by motorcade, Secret Service agents swept and cleared the lower levels of the building, ensuring that no one would be able to see Mr. Trump as he came to or from the hearing.

As Mr. Trump’s motorcade approached the courthouse, reporters began to watch live feeds of his progress.

“He’s here,” the news began circulating all the way to the overflow rooms.

The content of the hearing itself was minimal—the former president spent hardly half an hour in the courtroom itself.

Mr. Smith, joined by a retinue of Department of Justice (DOJ) attorneys, was the first to arrive, sitting with his team on a table on the right side of the courtroom.

Around 15 minutes later, Mr. Trump arrived following pre-trial processing out of the public eye in the lower levels of the courtroom: Mr. Trump reportedly had his fingerprints taken but was not required to take a mugshot due to his high profile and the availability of many of his pictures online.

“There he is!” a journalist shouted excitedly as Mr. Trump, flanked by his group of attorneys, entered the courtroom and sat down directly opposite Mr. Smith’s retinue.

Briefly after his arrival, Mr. Smith and Mr. Trump exchanged icy glances from across the courtroom from their seats.

Throughout his entire time in the courtroom, Mr. Trump looked stone-faced and defiant, occasionally leaning over to share whispered comments with his lead attorney, Mr. Lauro.

Finally, after several minutes of waiting, the clerk announced the entrance of Magistrate Judge Moxila Upadhyaya.

Mr. Trump, after reciting his name for the record, was informed by Judge Upadhyaya of the nature of the hearing, was notified of his rights, and was asked the usual questions about his competence to stand trial.

Mr. Trump confirmed that he had not consumed any drugs or alcohol in the past 24 hours.

Notably, Mr. Trump refrained from using the term “your honor” to address the judge, merely responding plainly to the questions as they were given.

Mr. Trump looked resilient throughout the hearing but had none of the usual exuberance that marks his regular appearances before crowds: he sat with his arms crossed, occasionally placing his hands on the table in front of him. Aside from his whispered comments to his attorneys, Mr. Trump was largely silent throughout the hearing.

Nevertheless, Mr. Trump looked gloomy as Judge Upadhyaya formally arraigned him, reading the four counts against him and their corollary penalties. Mr. Trump sat with his hands in his lap beneath the view of the table.

Following the arraignment, Mr. Trump was advised that he would not be detained.

The terms of Mr. Trump’s pretrial release were standard for the proceedings: committing crimes in any jurisdiction, failure to appear for court dates, and any effort to pressure or coerce witnesses, Judge Upadhyaya warned him, could result in his arrest and higher penalties. Mr. Trump said that he would comply with the terms, apparently muttering, “I do, thank you,” when asked whether he agreed.

Afterwards, only procedural formalities remained. Mr. Trump’s next appearance was set for Aug. 28 at 10 a.m.

With the permission of Judge Chutkan, Judge Upadhyaya said Mr. Trump would not be required to attend the first hearing due to his heavy political schedule.

 

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Speedy Trial Act
The only contention during the brief hearing revolved around Mr. Trump’s rights under the Speedy Trial Act.

Under that law, the DOJ must bring cases to trial within a roughly 70-day timeframe.

Thomas Windham, lead counsel for the DOJ, told the court that the trial would benefit from normal order proceedings under the Act.

But Mr. Lauro objected to this, citing the “magnitude” of discovery in the case, including potential exculpatory evidence, which he noted the government had had three years to review.

It would be “absurd,” Mr. Lauro said, to think that the 70-day threshold could be achieved in the case in view of this magnitude, and indicated that Mr. Trump’s counsel will seek to waive his rights under the Speedy Trial Act.

Mr. Windham acknowledged that the government was prepared to turn over a “substantial” amount of discovery.

While a defendant cannot be forced by the state to waive their rights under the Act, they may voluntarily do so if they consider it in their best interest legally.

Mr. Lauro’s comments suggest that Mr. Trump’s team will seek to prolong the legal process as Mr. Trump continues running his third bid for the White House.

After Judge Upadhaya gaveled out the hearing, Mr. Trump quickly left, flanked by his counsel.

Protestors
Outside the courtroom, a huge crowd had gathered.

Many of Mr. Trump’s supporters seemed unfazed by the events of the day, treating the gathering more like a party than a cause for concern.

One Trump supporter wearing a colonial American-style outfit led a group in singing popular songs like “Sweet Caroline,” “Party in the USA,” and “Sweet Home Alabama.” Nearby, several African Americans decked out in “Blacks for Trump” shirts had congregated and took photos with other participants.

Supporters of Mr. Trump decried the charges for their injustice, and characterized them as the latest attack on Mr. Trump by a politicized DOJ.

Others protested the death of Ashli Babbitt and Roseanne Boyland, two of Mr. Trump’s supporters who died during the Jan. 6 Capitol breach.

Meanwhile, Mr. Trump’s critics held signs comparing Mr. Trump to Adolf Hitler, or suggesting that he considered himself above the law.

Despite the conflicting opinions, protestors largely remained peaceful, making their point with a sign or a megaphone but not disturbing those protesting from the other side.

The crowds quickly dispersed, Mr. Trump already long gone, when it began to rain. Mr. Trump did make time to speak with reporters at the airport before flying out.

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