January 18, 2023 Latest on probe into Trump and 2020 election aftermath

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Trump speaks out for first time since revealing he's a target in the special counsel's probe
00:54 - Source: CNN

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Trump says he's the target of the special counsel's probe into the 2020 election aftermath. Here's the latest

Former U.S. President and Republican presidential candidate Donald Trump appears in West Palm Beach, Florida, on July 15.

Former President Donald Trump said Tuesday in a social media post he’s been informed by special counsel Jack Smith that he is a target of the criminal investigation into efforts to overturn the 2020 election, a sign he may soon be charged by the special counsel.

Trump’s attorneys, including Todd Blanche, received the target letter from Smith’s team Sunday informing them that their client could face charges in the investigation into efforts to overturn the 2020 election, two sources familiar with what happened tell CNN.

A target letter from federal prosecutors to Trump makes clear that prosecutors are focused on the former president’s actions in the investigation into overturning the 2020 election —and not just on those around him who tried to stop his election loss.

Smith declined to comment Tuesday when asked by CNN about the target letter and whether his office is preparing to indict the former president.

Here’s what else you should know:

  • Caught off guard: Trump’s legal team has not formally responded to the invitation to testify before the grand jury, which the letter provides, but it is largely expected that Trump will decline to do so. The letter caught Trump’s team off guard as they had not been anticipating Smith to potentially bring charges this month, or against the former president.
  • Outreach by Trump’s lawyers: His advisers spent Tuesday morning calling lawyers and allies, trying to figure out who else — if anyone — received a target letter related to the special counsel’s investigation into the aftermath of the 2020 election, multiple sources familiar with the outreach told CNN. Trump’s advisers are hoping to glean better insight into what a potential criminal case against the former president might entail, according to sources. So far, Trump’s team has not identified anyone else who got a target letter, the sources said.
  • Trump’s allies attack the special counsel: “I think the American public is tired of this,” House Speaker Kevin McCarthy said. “They want to have equal justice, and the idea that they utilize this to go after those who politically disagree with them is wrong.” Rep. Jim Jordan, the House Judiciary Committee chair, described the letter as another “ridiculous” move by the Justice Department.
  • Witness returning to grand jury Thursday: The grand jury is continuing to hear from witnesses, and a close Trump adviser is expected to appear on Thursday, two sources familiar with the matter tell CNN.
  • Smith’s team has contacted all 7 battleground states: In recent months, federal prosecutors working for the special counsel have interviewed officials from all seven battleground states targeted by Trump and his allies as they sought to overturn the 2020 election results, CNN has learned.

Read more.

Graham says there's no way Trump gets a fair trial if he is indicted in January 6 probe

Sen. Lindsey Graham talks with reporters on Tuesday, July 18.

GOP Sen. Lindsey Graham argued that there is “no way in hell,” former President Donald Trump would get a fair trial in Washington, DC. if he is indicted in the federal probe into January 6, 2021. 

He also argued that the timeline for any indictment would place a trial too close to the 2024 election cycle to not be political.

“We’re just a little over a year away, the first primary is in January. I think they’re gonna have a hard time pushing this case before the political season really starts. So I worry about the disruption to the election itself,” said Graham. 

He added, “He’s the leading candidate on the Republican side. Another indictment this close to the election season is going to be problematic for the country.”

Graham, a close ally of Trump — who was highly critical of him immediately after the insurrection — insisted that the former president cannot be legally to blame for the actions of his supporters. 

“It’s a bad day for the country. I said that and, you know, I don’t think he did anything criminal,” said Graham, though he noted, “I think he should have gotten involved earlier to stand people down.”

Trump's 2024 GOP rivals react to target letter

Dissent from the vast field of 2024 GOP presidential candidates has already begun to rise since former President Donald Trump revealed that he is a target of the criminal investigation into efforts to overturn the 2020 election leading up to the January 6, 2021, attack.

Former Vice President Mike Pence said he hopes that Trump isn’t indicted a third time and that the former president’s actions on January 6 are judged by the American people. 

“I hope it doesn’t come to that. I’m not convinced that the president acting on bad advice of a group of crank lawyers that came into the White House in the days before January 6 is actually criminal,” Pence told NewsNation. Pence added that his hope is the “judgment about the president’s actions on January 6 would be left to the American people.”

Former Arkansas Gov. Asa Hutchinson: “I have said from the beginning that Donald Trump’s actions on January 6 should disqualify him from ever being President again. As a former federal prosecutor, I understand the severity of Grand Jury investigations and what it means to be targeted by such an investigation. Donald Trump has confirmed that he is a target of this investigation and will likely be indicted once again. While Donald Trump would like the American people to believe that he is the victim in this situation, the truth is that the real victims of January 6th were our democracy, our rule of law, and those Capitol Police officers who worked valiantly to protect our Capitol. Anyone who truly loves this country and is willing to put the country over themselves would suspend their campaign for President of the United States immediately. It is disappointing that Donald Trump refuses to do so.”

Florida Gov. Ron DeSantis said he hopes Trump “doesn’t get charged. I don’t think it’ll be good for the country. But at the same time, I’ve gotta focus on looking forward, and that’s what we’re gonna do.”

“I think what we’ve seen in this country is an attempt to criminalize politics and to try to criminalize differences,” DeSantis told CNN’s Jake Tapper. “I don’t know what it was all about that but I do know that we look at institutions unfortunately, like our own FBI and Department of Justice, and we’ve seen the politicization of those institutions.”

Former UN Ambassador Nikki Haley: “I mean, the rest of this primary election is going to be in reference to Trump, it’s gonna be about lawsuits, it’s gonna be about legal fees, it’s gonna be about judges, and it is just going to continue to be a further and further distraction.”

She told Fox News, “And that’s why I am running, it’s because we need a new generational leader. We can’t keep dealing with this drama or dealing with the negativity. we can’t keep dealing with all of this.”  

Chris Christie: “As a former prosecutor, I want to see any potential indictment before I talk about the case against Donald Trump. That said, let me be clear: his conduct on January 6th proves he doesn’t care about our country & our Constitution.” Christie said on Twitter.

Will Hurd: “Jan. 6 was a dark day for democracy. Trump’s inaction then, and now being a target in the investigation, proves he’s not fit for office. Our country deserves leaders who will put the Constitution and the American people above all else.” Hurd said on Twitter. 

Vivek Ramaswamy: “This is different from any of the other prior indictments against Trump and people are missing the importance of this indictment in particular. Not only is this a federal indictment like the last one in the documents case? But more importantly, this one under section three of the 14th amendment could disqualify President Trump from either running for US president or potentially even being removed as US president if he is elected, I think this sets a dangerous precedent in our country.” Ramaswamy said in a video posted on Twitter

 CNN’s Veronica Stracqualursi, Steve Contorno and Kit Maher contributed to this report.

Special counsel’s team denies political influence in the Mar-a-Lago classified documents case

David Harbach, center, a key prosecutor on special counsel Jack Smith's team, walks out of the Wilkie D. Ferguson Jr. U.S. Courthouse in Miami on June 8.

Special counsel Jack Smith’s team aggressively pushed back when Donald Trump’s attorneys cast the Mar-a-Lago criminal documents case in political terms.

Prosecutor David Harbach pointed to Smith’s appointment and said that removed the potential for “political influence.” 

“There has been none,” Harbach said. He noted that the current and former prosecutors on Smith’s team all served in career roles, and that none of them are political appointees.

Harbach was responding to a comment made by Trump attorney Christopher Kise, who argued that the 2024 election and the publicity it would bring to the case would make it impossible to have a fair trial before the election.

Kise said that in the public’s view of this case, the top GOP contender in the 2024 presidential race is “squaring off” with the administration of his chief political rival. 

“The government says the claim is flat-out false,” Harbach responded.

“They are all here because a grand jury in this district returned an indictment of these defendants and they deserve a trial,” he said.

While Judge Aileen Cannon appeared receptive to the defendants’ claims that the case may require an extensive pre-trial period, she did not seem persuaded by the argument that Trump’s status as a candidate meant the trial would have to wait until after the election.

Referring to the intense publicity the case would attract, Cannon asked Kise: “Won’t that just continue” after the election? 

She told Kise to focus his arguments on other rationales for why the trial should not be expedited, such as the legal issues the case might prompt or the complexities of handling the classified info.  

Trump’s lawyers decline to answer questions after hearing in classified documents case

Attorneys representing former President Donald Trump, Todd Blanche, left, and Chris Kise, center, leave the Alto Lee Adams Sr. U.S. Courthouse on Tuesday, July 18, in Fort Pierce, Florida.

Donald Trump’s lawyers declined to answer questions about the target letter from special counsel Jack Smith and about Tuesday’s hearing in the Mar-a-Lago classified documents case while leaving a courtroom in Florida.

The hearing in federal court in Fort Pierce lasted less than two hours. 

Neither Trump nor special counsel Jack Smith attended the hearing, but the former president’s aide and co-defendant Walt Nauta was there.

Nauta appeared attentive and spoke only once in open court, saying, “Good afternoon your honor” at the start of the hearing. Nauta’s attorneys also declined to comment as they were leaving the courthouse. 

Trump has been charged with wrongfully retaining national defense documents and attempting to obstruct the Justice Department. Nauta is accused of being captured on tape moving boxes of documents at Trump’s direction to evade law enforcement.

Both Trump and Nauta have pleaded not guilty.

Thune warns about Trump's viability amid new legal woes: "It's part of the distractions"

Senate GOP Whip John Thune speaks with CNN's Manu Raju on Tuesday, July 18.

Senate Republican Whip John Thune, in his first reaction to news of Donald Trump being a target in the January 6 criminal probe, told CNN that the former president’s legal woes underscore the risk facing Republicans if they nominate him as their presidential candidate in 2024. 

“It’s part of the distractions that are always going to be surrounding the former president,” said Thune, who has backed Sen. Tim Scott in his presidential bid. “And people have to make their own judgments about that whether or not they want to — whether or not they want to have that going forward.” 

Asked if he believed Trump was responsible for the violence on January 6, 2021, Thune said: “There’ll be a lot of analysis of that that goes on for many, many years in the future. That was a bad day for everyone in this country. And we should really understand it in a way that it doesn’t happen again.”

And as to whether he believes Trump broke the law on January 6, 2021, Thune said:

Michigan attorney general charges 16 participants in 2020 fake elector plot

Sixteen fake electors who signed certificates falsely claiming President Donald Trump won Michigan in the 2020 election have been charged with crimes, state Attorney General Dana Nessel announced Tuesday.

The charged individuals are Kathy Berden, a Republican National Committeewoman from Michigan; William (Hank) Choate; Amy Facchinello; Clifford Frost; Stanley Grot; John Haggard; Mary-Ann Henry; Timothy King; Michele Lundgren, Meshawn Maddock, the former co-chair of the Michigan Republican Party; James Renner; Mayra Rodriguez; Rose Rook; Marian Sheridan; Ken Thompson; and Kent Vanderwood.

All 16 individuals were charged with multiple felonies “for their role in the alleged false electors scheme following the 2020 U.S. presidential election,” Nessel’s office announced. The counts include one count of conspiracy to commit forgery, two counts of forgery, one count of conspiracy to commit uttering and publishing and one count of uttering and publishing – all of which carry a maximum of 14 years in prison – as well as one count of conspiracy to commit election law forgery and two counts of election law forgery, which carry a maximum of five years in prison.

Michigan was one of the seven battleground states where the Trump campaign put forward slates of “fake electors” as part of their plan to undermine the Electoral College process, and potentially disrupt Congress’ certification of the 2020 election results on January 6, 2021.

Read more here

McConnell silent when asked about target letter informing Trump about federal investigation

Senate Minority Leader Mitch McConnell, a Republican from Kentucky, arrives to a news conference following the weekly Republican caucus luncheon at the US Capitol in Washington, DC, on Tuesday, July 11, 2023.

Senate Minority Leader Mitch McConnell didn’t respond to CNN’s questions about former President Donald Trump being informed that he was the target of a federal investigation into the effort to overturn the 2020 election.

McConnell also did not address if he had concerns about a top candidate for the GOP being the target of such an investigation. 

He hasn’t spoken about the Trump indictments when pushed at his weekly stakeout in the past. 

McConnell also didn’t address the issue on the Senate floor this afternoon. 

Judge signals she is likely to push back trial in Trump classified documents case past mid-December

Judge Aileen Cannon signaled she is likely to push back the start of a trial in the Mar-a-Lago classified documents case beyond the mid-December date proposed by federal prosecutors – but appeared deeply skeptical of arguments from former President Donald Trump’s lawyers that he couldn’t get a fair trial while running for president.

During a hearing in federal court on Tuesday in Fort Pierce, Florida, Cannon told the prosecutors that their timeline was “compressed” and said that cases like this take more time.

Cannon did not decide on a trial date but said she plans to “promptly” issue an order on the matter.

The judge also pressed the Trump legal team to commit to a timeline for at least some of the steps in the pre-trial process. The defense attorneys told Cannon that they believed they would be able to review enough discovery by November to be able to suggest a potential trial date.

Special counsel’s office interviewed officials from all 2020 battleground states Trump and allies targeted

Federal prosecutors working for special counsel Jack Smith have interviewed officials from all seven battleground states targeted by former President Donald Trump and his allies as they sought to overturn the 2020 election results, CNN has learned.

Smith’s team met with at least one official from the Nevada secretary of state’s office in recent months as part of the ongoing criminal probe, according to a source familiar with the matter.

CNN has previously reported that during that same time period, federal prosecutors also interviewed officials from the other six states that were a focal point of Trump’s bid to upend Joe Biden’s legitimate electoral victory: Michigan, Georgia, Arizona, Pennsylvania, Wisconsin and New Mexico.

Nevada’s current secretary of state, Francisco Aguilar, was not in office during the 2020 election, but his office has been in contact with federal prosecutors working for Smith and is complying with all requests from the Department of Justice, a spokesperson told CNN in a statement.

“Secretary Aguilar and his Office are confident in the conduct of the 2020 election and the work done by the SOS Elections Division under the leadership of Secretary Cegavske. Secretary Aguilar is focused on preparing for the 2024 election cycle and ensuring that elections in Nevada remain secure, accessible, and transparent,” the spokesperson added.

Trump called top Hill allies to talk special counsel strategy, sources say

House Republican Conference Chair Rep. Elise Stefanik speaks to reporters at a press conference following a House Republican Conference meeting at the U.S. Capitol Building on July 18, 2023 in Washington, DC. 

Former President Donald Trump reached out to some of his top allies on Capitol Hill to discuss how they’re going to go on offense against the special counsel’s investigation, according to sources familiar with the conversation.

Trump spoke on Tuesday with both House Speaker Kevin McCarthy and House GOP Conference Chair Elise Stefanik, who leads the House GOP’s messaging efforts. The conversations focused on how they’re going to defend Trump ahead of likely charges for his efforts to overturn the 2020 election, according to a source.

During his call with Stefanik, the two went over how the lawmaker could use her role on the House subcommittee on the alleged weaponization of the federal government, according to a source familiar with the call.

Trump and Stefanik also talked about her overall efforts to rally support from the House GOP conference around the former president and attack special counsel Jack Smith, the source said.

The source described their phone call as “a long conversation.”

It comes after Trump said he’s been informed by special counsel Jack Smith that he is a target of the criminal investigation into efforts to overturn the 2020 election leading up to the January 6, 2021, attack at the US Capitol. A target letter from prosecutors is a sign Trump may soon be charged.

White House says Biden respects the Justice Department's independence in Trump probe

White House press secretary Karine Jean-Pierre speaks during the daily briefing at the White House in Washington, Tuesday, July 18, 2023.

The White House declined to comment on former President Donald Trump and whether he is a target of the Justice Department’s special counsel’s January 6 criminal probe, saying President Joe Biden respects the independence of the DOJ. 

“I’m just not gonna comment on this particular case,” Jean-Pierre added. 

Asked by CNN’s Jeremy Diamond how the president feels about Trump possibly being held accountable for the events on January 6 — something Biden has repeatedly publicly blamed on Trump — Jean-Pierre said since it’s an ongoing case she would not be responding to “any hypotheticals.”   

“I’m just gonna be very, very mindful and give the Department of Justice their space to do this investigation. I’m just not gonna be doing that from here,” she said.

Wisconsin election officials interviewed in special counsel’s investigation into 2020 election aftermath

Milwaukee Election Commission Executive Director Claire Woodall-Vogg gives updates regarding the ballots for the general election on Tuesday November 8, 2022 at Central Count at the Wisconsin Center in Milwaukee, Wisconsin.

Federal prosecutors have also interviewed two Wisconsin election officials in recent months as part of the ongoing criminal probe overseen by special counsel Jack Smith into the aftermath of the 2020 election. 

Meagan Wolfe, Wisconsin Elections Commission (WEC) administrator, and Claire Woodall-Vogg, executive director of the Milwaukee Election Commission, were both interviewed by Smith’s team this past spring, CNN confirmed. 

“Administrator Wolfe cooperated with the subpoena and appeared in person before DOJ and Federal Bureau of Investigation officials in April. Due to this being an ongoing federal investigation, we are unable to provide further information,” the statement said. 

Woodall-Vogg was similarly interviewed by DOJ and FBI officials as part of the ongoing special counsel investigation into efforts to overturn the 2020 election, she told CNN.

Among the topics covered during Woodall-Vogg’s meeting with prosecutors was how misinformation about the election results impacted her and other officials at the time, including threats they received, she said. 

CNN previously reported that Smith’s team has interviewed election officials from Michigan, Georgia, Pennsylvania and New Mexico in the months before prior sending former President Donald Trump a target letter. 

Together, the interviews indicate Smith is focused — in part — on actions taken by Trump and his allies in seven key battleground states as they sought to upend Joe Biden’s electoral victory.

Trump adviser expected to appear before grand jury on 2020 election aftermath on Thursday 

Will Russell, a close adviser to former President Donald Trump is expected to appear before a grand jury in Washington, DC, on Thursday in the special counsel’s investigation into the aftermath of the 2020 election, two sources familiar with the matter told CNN. 

Russell, who has testified to the grand jury at least twice before, served as a special assistant to the president as well as deputy director of advance and trip director in the Trump White House.

He has continued to work for Trump after he left office.

His appearance indicates there will be additional activity in the grand jury, which is meeting today at the federal courthouse in Washington, DC.

Trump said in a social media post earlier that he’s been informed by special counsel Jack Smith that he is a target of the criminal investigation into efforts to overturn the election leading up to January 6, 2021, attack on the US Capitol.

Former Arizona governor contacted by special counsel in January 6 probe

In this Tuesday, August 2020 photo, Republican Arizona Gov. Doug Ducey speaks prior to Vice President Mike Pence speaking at the "Latter-Day Saints for Trump" Coalition launch event in Mesa, Arizona.

Special counsel Jack Smith’s team has contacted former Arizona Gov. Doug Ducey, who former President Donald Trump pressured to overturn the 2020 election, a source familiar with the outreach confirmed to CNN. 

A spokesperson for Ducey confirmed the outreach from Smith’s team, which has not been previously reported.  

More context: Trump narrowly lost Arizona to Joe Biden by less than 11,000 votes.Trump publicly attacked Ducey, a former ally, over the state’s certification of the results.

As Ducey was certifying the election results in November 2020, Trump appeared to call the governor – with a “Hail to the Chief” ringtone heard playing on Ducey’s phone. Ducey did not take that call but later said he spoke with Trump, though he did not describe the specifics of the conversation.

Key issue for prosecutors will be Trump's intent and his direct role, CNN legal analysts say

In the Department of Justice’s criminal investigation into efforts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol, a key issue for prosecutors will be looking into former President Donald Trump’s intent and his direct role, a CNN senior legal analysts said.

This is why the Justice Department spoke to people that were closest to Trump, like Jared Kushner — a family member, Hope Hicks — a close adviser and former White House chief of staff Mark Meadows, Honig added. “Because those are the people who had at the time, unvarnished, unregulated, one-on-one conversations” with Trump.

“And for somebody who doesn’t really text, who doesn’t really e-mail, like Donald Trump, you’re not going to have a smoking gun document — But what you may have is crucial conversations from the people closest to him,” he said.

CNN chief legal analyst Laura Coates said the investigation is about the substance of what happened leading up to January 6, 2021. “What was a possible conspiracy to try to conspire to use the resources available to the executive branch of government to try to undermine a congressional, lawful proceeding of a transition of power,” she said.

She added, “The realm of possibilities is actually very, very wide. I will be eager to see what aspect (special counsel Jack Smith) focuses on with respect to Donald Trump. Because remember, this is a person who very rarely gives a direct order. As a direct threat that says. ‘I want you to go do this on behalf of me.’ That’s what’s happening.”

Sources: Target letter about Jan. 6 probe caught Trump's team off guard 

Donald Trump’s attorneys, including Todd Blanche, received the target letter from Jack Smith’s team Sunday informing them that their client could face charges in the investigation into efforts to overturn the 2020 election, two sources familiar with what happened tell CNN. 

Trump’s legal team has not formally responded to the invitation to testify before the grand jury, which the letter provides, but it is largely expected that Trump will decline to do so.

The letter caught Trump’s team off guard, who had not been anticipating Smith to potentially bring charges this month, or against Trump. The letter indicates he could do so soon.

Former Judge Michael Luttig says Trump "dared, taunted, provoked and goaded" DOJ to charge him

J. Michael Luttig, former US Court of Appeals judge for the Fourth Circuit, testifies before the House Select Committee to Investigate the January 6th Attack on the Capitol in the Cannon House Office Building on June 16, 2022 in Washington, DC.

Former federal Judge J. Michael Luttig said on Tuesday that Donald Trump being a target in the Department of Justice’s January 6 investigation is a consequence of the former president’s own provocation.

“There is not an Attorney General or Special Counsel of either party who would not bring charges against the former president for his efforts on January 6 to overturn the 2020 presidential election. He has dared, taunted, provoked and goaded DOJ to prosecute him for his offenses on and relating to January 6 for two and a half years,” Luttig said.

“The former president has left Jack Smith no choice but to bring charges, lest the former president make a mockery of the Constitution of the United States and the Rule of Law.”

Luttig, who was appointed to the federal bench by President George H.W. Bush, previously called the Republican Party base “spineless” for its continued support of former President Donald Trump and submitted that the GOP is destroying itself.

Special counsel Jack Smith declines to comment when asked about Trump target letter

Special counsel Jack Smith walks out of Subway in Washington, DC, on July 18.

Special counsel Jack Smith declined to comment when asked by CNN about a target letter he sent to former President Donald Trump and whether his office is preparing to indict the former president.

CNN spotted Smith leaving a Subway sandwich shop in Washington, DC.

Key things to know about the probe: Smith has been investigating efforts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol, including putting forward fake electors in states Trump lost and a pressure campaign against his then-Vice President Mike Pence to try to overturn the election when Congress certified Joe Biden’s Electoral College win on January 6.

Prosecutors interviewed election officials in key battleground states where Trump's team falsely claimed fraud

Federal prosecutors have interviewed the secretaries of state for both Pennsylvania and New Mexico in recent months as part of the ongoing investigation into efforts to overturn the 2020 election, two sources familiar with the probe told CNN earlier this month.

The interviews, which had not been previously reported, indicate that special counsel Jack Smith has focused on actions taken by former President Donald Trump and his allies in seven key battleground states as they sought to upend Joe Biden’s electoral victory.

Pennsylvania Secretary of State Al Schmidt met with prosecutors working with Smith in March, one of the sources said.

Schmidt, a Republican, was asked about issues he encountered while serving as Philadelphia City Commissioner, including how misinformation about widespread voter fraud impacted him and other election officials at the time, the source told CNN. Schmidt was appointed to be secretary of the commonwealth earlier this year.

New Mexico’s top election official, Maggie Toulouse Oliver, also met with federal prosecutors in recent months “to discuss matters related to the 2020 election,” according to the second source.

Smith’s team has sent subpoenas to local and state officials in all seven of the key states – Georgia, New Mexico, Nevada, Michigan, Arizona, Pennsylvania and Wisconsin – that were targeted by Trump and his allies and where Trump’s campaign convened the false electors as part of the effort to subvert the Electoral College.

Michigan Secretary of State Jocelyn Benson and Georgia Secretary of State Brad Raffensperger also spoke to federal prosecutors as part of the criminal probe.

Benson said in an interview on CNN that prosecutors were focused, in part, on the impact of misinformation on election workers and the “threats that emerged from that from various sources.”

Other officials from those states also have been interviewed by federal investigators as part of the special counsel probe, including Rusty Bowers, a former top GOP official in Arizona.

Smith’s sprawling investigations has focused on multiple alleged election-stealing efforts, including pressure campaigns on local officials, a scheme to appoint fake electors and pushing then-Vice President Mike Pence to block Biden’s victory.

Keep reading here.

Here's who has testified to the January 6 grand jury

Dan Scavino, former White House deputy chief of staff, records a video with a smart phone as former President Donald Trump speaks during a visit to a Team Trump Volunteer Leadership Training in Grimes, Iowa, on Thursday, June 1, 2023. 

For months, federal prosecutors have brought witnesses in front of a grand jury in Washington, DC, to investigate efforts by former President Donald Trump and his close allies to reverse the results of the 2020 presidential election.

The witnesses, several of whom appeared under subpoena, range from low-level aides to Trump’s own vice president. There are also several key witnesses who have met with prosecutors for interviews that could help special counsel Jack Smith build his case.

Any indictment that comes from the sprawling probe into the aftermath of the election, efforts to overturn the result or the January 6, 2021, attack at the US Capitol will likely rely, at least in part, on what those individuals testified to under oath behind closed doors.

Here’s who’s appeared before the grand jury:

Mike Pence : Former Vice President Mike Pence testified in April – the first time in modern history that a vice president has been compelled to testify about the president he served beside. Pence testified for over five hours and was likely asked to recount his direct conversations with Trump leading up to January 6, 2021, and Trump’s unsuccessfully attempt to pressure him into blocking the 2020 election’s result. Both Pence and Trump asked for the subpoena to be thrown out, but trial and appellate judges rejected that request.

Mark Meadows: Mark Meadows, Trump’s former chief of staff, appeared before the grand jury in June. He was also ordered by a judge to provide documents to investigators despite claims of executive privilege. As chief of staff, Meadows was in the middle of Trump’s efforts to overturn the election in the two months between Election Day and Joe Biden’s inauguration. Meadows pushed Justice Department officials to investigate debunked claims of voter fraud and communicated with Trump’s allies about plans to challenge Biden’s win.

Marc Short: Marc Short, former chief of staff to Pence, testified to the grand jury about the fake elector scheme and the role of Trump lawyers John Eastman and Rudy Giuliani.

Greg Jacob : Greg Jacob, a former aide to Pence, was also questioned about the scheme to appoint fake electors in battleground states. Short and Jacob, both members of Pence’s inner circle, were present in key meetings in the lead-up to the January 6 riot that were part of a pressure campaign to convince Pence to disrupt Congress’ certification of Biden’s electoral win.

Dan Scavino: Former White House deputy chief of staff Dan Scavino testified to the grand jury twice – before and after a court decision that he cannot withhold answers on presidential secrecy grounds.

See the full list here.

House Democrats react to Trump target letter

Rep. Steny Hoyer speaks at an event to relaunch the Congressional Friends of Denmark Caucus at the U.S. Capitol Building on June 5, 2023 in Washington, DC.

Multiple House Democrats quickly reacted on Tuesday morning to the news that special counsel Jack Smith sent a target letter to former president Donald Trump regarding efforts to overturn the 2020 election.

House Democratic Caucus chair Pete Aguilar said that the target letter is “not surprising.”

“We’re appreciative of the work of the Department of Justice and their focus on staying true to finding the facts and holding people accountable,” he said. “Their track record has been very solid when it comes to prosecutions, and we expect that the target letter and the work that the grand jury continues to do will meet that threshold of seeking the facts and holding people accountable, no matter where they are, no matter who they are.”

Earlier Tuesday morning, House Minority Leader Hakeem Jeffries said that he hadn’t seen the letter, and didn’t have a comment, and House Minority Whip Katherine Clark said the “DOJ continues to follow the facts and the law, and we will see what happens.”

Maryland Rep. Steny Hoyer said he thinks “former President Trump has done repeatedly things that call upon law enforcement at every level to look at what he has done because so much of it is certainly questionable at best and illegal at worst.”

Florida Rep. Debbie Wasserman Schultz said, “There is little doubt that former President Trump was very specifically and granularly involved in trying to overturn the results of a legitimate presidential election that he lost.”

“The special counsel has clearly done an incredibly exhaustive investigation into Donald Trump’s efforts to overturn the 2020 election. And this appears to be the culmination of it,” New York Rep. Dan Goldman said, adding that he expects Trump to be indicted in the “near future.”

Trump team making calls after target letter to figure out who else was sent one, sources say 

Former President Donald Trump’s team has spent the morning calling lawyers and allies involved in the January 6 investigation, working to figure out who else — if anyone — was also sent a target letter in the probe, multiple sources familiar with the outreach told CNN.

The team is hoping to glean better insight into what a potential case against the former president might look like, the sources added.

Trump himself has been compartmentalizing the news. On Monday, he spent the day at his Bedminster Golf Club with a few close advisers. The former president is traveling to Iowa later Tuesday with a small group of his campaign team for a town hall with Sean Hannity on Fox News.

White House declines to comment on Trump target letter

White House spokesman Ian Sams speaks to the press at the White House in Washington, DC, on February 1, 2023.

The White House is declining to comment on the news that former President Trump has received a target letter in the special counsel’s January 6th investigation.

White House spokesperson Ian Sams declined to comment, referring any questions to the Department of Justice.

This is in keeping with the White House’s practice of not commenting on ongoing DOJ investigations or prosecutorial actions to avoid any appearance of political influence on the DOJ’s independence.

CNN has also reached out to Biden’s campaign for comment.

McCarthy claims Biden administration is weaponizing government "to go after their No. 1 opponent"

US House Speaker Kevin McCarthy speaks to the media during a briefing in National Statuary Hall at the Capitol on July 17, 2023 in Washington, DC.

House Speaker Kevin McCarthy reacted to the target letter former President Donald Trump received, claiming that President Joe Biden’s administration is weaponizing government “to go after their number one opponent.”

“I think the American public is tired of this. They want to have equal justice, and the idea that they utilize this to go after those who politically disagree with them is wrong,” McCarthy added.

What other House Republicans are saying: Despite facing the potential of a third criminal indictment, several House Republicans made clear they would support Trump no matter what, even as they claimed that the Justice Department was unfairly targeting him, despite not having seen the evidence in the January 6, 2021, investigation.

Texas Rep. Troy Nehls, who learned about the target letter from CNN’s Manu Raju on Tuesday, said emphatically that he still supports him. 

“I have from the beginning,” Nehls said. “Donald Trump’s the leader of our party, and Donald Trump is going to beat Joe Biden in 2024 for a second time.”  

Nehls accused the “far left” of having a “severe crush on this guy.”  

He added that the investigation shows that Democrats were “scared shitless” of Trump. 

“Why are they doing everything they can to prevent him from being on the ballot in 2024? I’ll tell you why. Because Donald Trump will win in 2024 and the left just they’re scared shitless,” he said. 

Tennessee Rep. Tim Burchett said he would “probably” would not support Trump in 2024 “if he’s found guilty of a felony.” But he added that Trump will benefit politically from this.

“Every time they indicted him, his numbers go up,” Burchett said when asked if this calls into question Trump’s viability as a candidate.

On the Jan. 6 insurrection, Burchett did not blame Trump for the violence that day but said: “We need to know how many federal agents were in the corral and what their exact role was,” he said. “I think that would be a good question.” 

Other Republicans were less willing to comment on the investigation into Trump. While Montana Rep. Ryan Zinke said he didn’t “find it surprising at all,” he would only say “we’ll see” when asked by Raju if he would continue to support his former boss. Florida Rep. Mike Waltz said he would “have to see when it’s all over,” as did Florida Rep. Carlos Gimenez and Georgia Rep. Barry Loudermilk.

Meanwhile on the Senate side, Sen. Ted Cruz blasted the Justice Department in a tweet saying, “The continued politicization and weaponization of the Department of Justice has turned our institutions into enforcers for the Biden administration’s partisan priorities. It remains deeply harmful to the rule of law.”

Trump says he was given 4 days to "report" to grand jury investigating 2020 election interference

Former US President Donald Trump speaks to supporters during a Farmers for Trump campaign event at the MidAmerica Center on July 7, 2023 in Council Bluffs, Iowa. 

Former President Donald Trump says he was told in the target letter to “report” to the grand jury within four days of receiving it on Sunday, according to a Truth Social post.

While Trump didn’t say specifically why he was told to report, individuals who receive a target letter typically are given the chance to appear before a grand jury to defend themselves before charges are brought.

In his social media post, Trump claimed that he had “the right” to protest the election.

Other Trump investigations: In the classified documents case, Trump received a target letter from the special counsel’s office on May 19. His lawyers then met with Justice Department officials on June 5. Three days after that, on June 8, the grand jury returned an indictment against Trump and his co-defendant and aide Walt Nauta.

Here's what a target letter means

A target letter from federal prosecutors to former President Donald Trump makes clear that prosecutors are focused on Trump’s actions in the investigation into overturning the 2020 election – and not just of those around him who tried to stop his election loss. 

Justice Department regulations allow for prosecutors to notify subjects of an investigation that they have become a target. Often a notification that a person is a target is a strong sign an indictment could follow, but it is possible the recipient is not ultimately charged. 

Those notifications aren’t required, but prosecutors have the discretion to notify subjects that they have become a target. Once informed, a target has the opportunity to present evidence or testify to the grand jury if they choose.

Special counsel Jack Smith has been investigating efforts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol, including putting forward fake electors in states Trump lost and a pressure campaign against his then-Vice President Mike Pence to try to overturn the election when Congress certified Joe Biden’s Electoral College win on January 6.

Prosecutors have interviewed dozens of witnesses as part of 2020 election aftermath probe

Then-US President Donald Trump listens to Vice President Mike Pence and acting Secretary of Homeland Security Chad Wolf, May 28, 2020.

Dozens of witnesses have spoken to prosecutors and testified before the grand jury in the 2020 election investigation, including a lengthy list of top aides to Donald Trump in the White House as well as former Vice President Mike Pence.

Trump said Tuesday he’s been informed by special counsel Jack Smith that he is a target of the criminal investigation into efforts to overturn the election. Two sources familiar with the matter confirmed to CNN that Trump received the letter.

In recent months, prosecutors have also interviewed election officials in the seven battleground states where Trump’s team falsely claimed fraud and put forward fake electors after the 2020 election.

In addition, prosecutors have focused on a chaotic December 2020 Oval Office meeting in the final days of the Trump administration, in which Trump’s advisers discussed seizing voting machines, naming a special counsel to investigate voter fraud and invoking martial law as part of the efforts to overturn the election.

A number of Trump lawyers also have spoken to federal investigators. Last month, Trump’s former attorney Rudy Giuliani met with investigators for a voluntary interview over two days that covered a range of topics, including the tumultuous December 2020 meeting that he attended, CNN previously reported.

Giuliani’s lawyer, Robert Costello, tells CNN that Giuliani has not received a target letter.

Trump allies rush to his defense

Rep. Jim Jordan waits to testify during a House Rules Committee on May 9, 2023 in Washington, DC. 

Rep. Jim Jordan, House Judiciary Committee chair, said he saw former President Donald Trump’s statement that he’s the target of the special counsel’s investigation into efforts to overturn the 2020 election. 

“This is as wrong as it gets,” Jordan said. 

He called it another “ridiculous” move by the Justice Department. 

“They’ve been after him from day one,” conservative Rep. Ralph Norman told reporters.  

Rep. Marjorie Taylor Greene, another fierce Trump ally, accused the DOJ of wanting to lock Trump up because he’s winning the election. 

“They’re going to arrest President Trump. Charge him with phony fake charges, and then hold him in prison while he is winning the Republican primary while he’s going to win the general election in 2024,” she said. “Is this is this where our country is now? Because it’s an embarrassment on the world stage. If this is the direction America is going in, we are worse than Russia. We are worse than China. “

Trump said he's a target of the special counsel’s probe into 2020 election aftermath. Here's what to know

Former President Donald Trump speaks at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 24, 2023 in Washington, DC. 

Former President Donald Trump said in a social media post that he’s been informed by special counsel Jack Smith that he is a target of the criminal investigation into efforts to overturn the 2020 election.

Trump also received a target letter earlier this year from Smith before he was indicted in the investigation into the mishandling of classified documents. A spokesperson for the special counsel declined to comment.

What this means: A target letter from federal prosecutors to Trump makes clear that prosecutors are focused on Trump’s actions in the investigation into overturning the 2020 election – and not just of those around him who tried to stop his election loss.

Justice Department regulations allow for prosecutors to notify subjects of an investigation that they have become a target. Often a notification that a person is a target is a strong sign an indictment could follow, but it is possible the recipient is not ultimately charged.

Those notifications aren’t required, but prosecutors have the discretion to notify subjects that they have become a target. Once informed, a target has the opportunity to present evidence or testify to the grand jury if they choose.

Smith has been investigating efforts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol, including putting forward fake electors in states Trump lost and a pressure campaign against his then-Vice President Mike Pence to try to overturn the election when Congress certified Joe Biden’s Electoral College win on January 6.

The grand jury investigating 2020 election interference is meeting today at the federal courthouse in Washington, DC.

A hearing is also taking place Tuesday on handling classified materials in Jack Smith’s Trump case

Special Counsel Jack Smith and former President Donald Trump. 

Special counsel Jack Smith’s team and lawyers for Donald Trump will appear Tuesday for the first time in front of the judge who will preside over the criminal case Smith has brought against the former president, for a hearing that will be procedural nature but could provoke clashes over how quickly the classified documents case should move to trial.

Both sides have asked to push the trial date months later than this summer – with Trump wanting it potentially after the 2024 election – and US District Judge Aileen Cannon has ordered the parties to be prepared to discuss prosecutors’ proposal that the trial happen much sooner, starting in mid-December of this year.

The hearing – which will be held in federal court in Fort Pierce, Florida – was sought by the prosecutors under a provision of the Classified Information Procedures Act, which establishes the process for deciding how the highly secretive government documents that are at the heart of the prosecution will be handled in the case. Such a proceeding is usually mundane in nature – the substance of the classified materials that Trump allegedly refused to return to the government will not be discussed – and typically focused on a scheduling plan for fulfilling the steps that CIPA lays out.

But prosecutors, in court filings, have been at odds with attorneys for Trump and his co-defendant, Walt Nauta, about how much the trial should be delayed, and Tuesday’s hearing could set the stage for the scheduling conflict to play out head-to-head.

Trump himself is not expected to attend to the hearing, but Nauta – who is a bodyman to the former president – may attend, sources told CNN.

Read more here.

READ MORE

Donald Trump says he’s a target of special counsel’s criminal probe into 2020 election aftermath
Judge in Trump classified documents case tells prosecutors that a mid-December trial date would be too soon
Exclusive: Pennsylvania, New Mexico secretaries of state interviewed as part of special counsel’s 2020 election interference probe
Former Arizona governor contacted by special counsel in Jan. 6 probe
Exclusive: Pennsylvania, New Mexico secretaries of state interviewed as part of special counsel’s 2020 election interference probe

READ MORE

Donald Trump says he’s a target of special counsel’s criminal probe into 2020 election aftermath
Judge in Trump classified documents case tells prosecutors that a mid-December trial date would be too soon
Exclusive: Pennsylvania, New Mexico secretaries of state interviewed as part of special counsel’s 2020 election interference probe
Former Arizona governor contacted by special counsel in Jan. 6 probe
Exclusive: Pennsylvania, New Mexico secretaries of state interviewed as part of special counsel’s 2020 election interference probe