Where does this all end?published at 13:48 British Summer Time 2 August 2023

13:48 BST 2 August 2023

Bernd Debusmann Jr
Reporting from Washington DC

Jez asks where this is likely to end: Prison? Civil war if he is elected? Will the charges run out of steam? Will there be a plea bargain?

That's the question on the minds of many Americans.

In theory, the various charges against Donald Trump in the three indictments could lead to lengthy prison terms. That would, of course, require him to be convicted.

That's by no means a certainty. In all three cases, his legal team will put up a spirited defence.

In the 6 January case, for example, his lawyers are likely to argue that Trump was not directly responsible for the violence that day because he told supporters to march "peacefully" on the Capitol.

Even if convicted, there are political, security and logistical questions to consider. It's unclear whether Trump would serve prison time - at least in the traditional sense - even if he's convicted. But that remains to be seen.

A plea bargain is not considered likely in any of the cases Trump is facing.

This would require that he admit he is guilty of a criminal offence, and so far he's been steadfast in maintaining that he's done nothing wrong and that the cases against him constitute a political "witch hunt".

Image source, Reuters

We've been asking for your questions on Donald Trump's latest indictment, which our reporters in the US have been answering for you.

Stay with us, we'll be bringing you their answers over the next few hours.

Bernd Debusmann Jr
Reporting from Washington DC

As we said would be the case, the indictment of Donald Trump looks to be the sole focus for many morning US news programmes.

CNN's early bulletin was focused both on the “historic indictment” and Trump’s other legal woes, particularly the potential additional charges in Georgia for alleged efforts to overturn the 2020 US election results.

Former Georgia State Senator Jen Jordan said it was about accountability: “It doesn’t matter who you are... you cannot break the law.”

At MSNBC, host Joe Scarborough condemned Republican lawmakers who he said had failed “to do the right thing” by denouncing Trump. His co-host - and wife - Mika Brzezinski described Trump as “being in a toxic relationship” with many Americans.

The traditionally right-wing Fox News held a live version of their Breakfast with Friends show in New York City’s Times Square, with a noticeably different atmosphere.

The hosts laughed and joked as they discussed the indictment, examined polls showing Trump ahead of his Republican rivals and interviewed audience members who were largely critical of the indictment. Text on-screen included: "Trump indicted… again."

Robert Greenall
Live reporter

Some analysts have suggested that Trump could try to pardon himself if he was convicted and then won the election.

This possible scenario is untested by US law, which means that the Supreme Court might need to intervene.

He might also try to have the case dismissed if he was elected president while it was still ongoing.

One rival candidate for the Republican nomination, former Arkansas governor Asa Hutchinson, told the NBC network that both scenarios were possible but a self-pardon was "not what the Constitution intends".

He added that such a move would be "inappropriate" and "unseemly".

But at least one of Trump's rivals, Vivek Ramaswamy, has vowed to pardon Trump if he's elected president.

And his main Republican opponent, Ron deSantis, told CNN it would not be "good for the country" for Trump to go to prison.

Image source, .

Donald Trump has been indicted three times, and is being investigated on several other fronts, meaning more criminal charges could be on the way.

This is where the key cases stand and what they could mean for the former president and frontrunner for the 2024 Republican nomination:

• Trump has been charged over the Capitol riot and 2020 election
• He faces 40 criminal charges over alleged mishandling of classified material after he left the White House
• And a further 34 felony counts of falsifying business records in the first degree

In terms of the most recent charges, Trump has repeatedly denied responsibility for the US Capitol riot on 6 January 2021. The former president also previously pleaded not guilty to all charges of mishandling classified files and falsifying business records

To read the the full list of charges, potential penalties and Trump's defence, head here.

Donald Trump is awake - and he's posting on social media the morning after his third indictment.

In an all-caps post on his Truth Social platform, the former president writes that he has "never had so much support" as he does after the latest federal charges against him.

Referring to the indictment as "unprecedented", Trump, 77, says it "has awoken the world to the corruption, scandal, & failure that has taken place in the United States for the past three years".

He also claims polls show he is leading by far in national opinion polls for both the Republican nomination and the general election in 2024.

Polls do show him well ahead of his Republican rivals, but most polls show him neck-and-neck with President Joe Biden, who is seeking re-election next year.

Erol Morkoc, the spokesperson of the Republicans Overseas UK robustly defends Trump in a conversation on 5 Live, and asserts that he will not accept a conviction.

Republicans Overseas UK is a politician organisation that represents the interests of the US Republican party in the United Kingdom.

Calling the indictment “frivolous” and “trumped up”, Morkoc says these charges will galvanise Trump's base and increase his support.

He expresses a deep mistrust of the US justice system, saying Trump is unlikely to get a fair trial; especially not in places like New York or California, which are both Democratic Party bastions.

Calling the Department of Justice a “fractured, weaponised DOJ”, Morkoc adds: “even if you were to get a conviction on any of this, myself and most of the Republican supporters would see it as a fraudulent conviction.”

Why can US investigators use such strong language?published at 12:14 British Summer Time 2 August 2023

12:14 BST 2 August 2023

Image source, EPA-EFE/REX/Shutterstock

“The attack on our nation's Capitol on January 6th, 2021, was an unprecedented assault on the seat of American democracy… it was fuelled by lies - lies by the defendant..."

To UK readers, it may seem strange to hear an investigator – in this case special counsel Jack Smith – use such strong language.

After all – Donald Trump has not been found guilty of anything.

So it’s important to remember there are differences between legal systems in the UK and the US.

In the UK, a legal case generally becomes “active” when someone is arrested or charged.

When a case is active, the media can be in contempt of court if they risk prejudicing a future court case – for example, by suggesting someone is innocent or guilty.

The punishment can be very serious. And so UK media – and investigators – tend to use careful, even bland language until the case concludes.

The US does not have a similar law – and freedom of speech is enshrined in the constitution. So people, and the media, can speak much more freely. Some prosecutors become high-profile figures as a result.

However – it’s worth saying that, after accusing Trump of lies, Smith did say “the indictment is only an allegation" - and that the defendant must be presumed innocent until proven guilty.

It's almost 07:00 ET (12:00 BST) in Washington DC, which means a chunk of America is waking up to what's likely to be a day dominated by headlines about Donald Trump.

Before the US news cycle begins, let's take a look at where we're at.

• Trump, the former US president, has been charged with plotting to overturn the 2020 election result
• The indictment he was handed last night includes four counts: conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the rights of citizens
• His team has responded by calling the indictment (a formal document that lists the crimes someone is accused of) "corrupt" and a "witch hunt" - they also likened it to persecutions in Nazi Germany
• Trump - who's been told he must appear in court tomorrow - has been given the option to do so either virtually or in person
• CBS, the BBC's US partner, has been told that he does want to appear
• Some Republicans have jumped to Trump's defence, including Speaker of the House Kevin McCarthy who has said this is a way for the Biden administration to distract from charges brought against President Joe Biden's son, Hunter

Robert Greenall
Live reporter

Image source, Rueters

The former president, at 77 years of age, is facing the possibility of a stiff prison sentence if convicted.

The judge assigned to oversee the case, Tanya Chutkan, is an Obama appointee, known to be a tough sentencer in other 6 January cases.

Trump is also facing jail terms of up to 20 years in the classified documents case.

Under US law, nothing prevents an individual from running for office if they are facing criminal charges, or even if they are in jail.

Of course that doesn't mean that voters would want to support such a candidate.

At least two people have previously run for president with criminal convictions - socialist candidate Eugene Debs in 1920, convicted over a 1918 anti-war speech; and conspiracist Lyndon LaRouche, convicted of fraud, one of whose eight runs for president in 1992 was from a federal prison in Minnesota.

Both lost their elections.

Image source, Reuters

The indictment provides a snapshot of some of the conversations allegedly taking place inside the White House during the aftermath of the election, involving Trump, the six unnamed individuals classed as co-conspirators in the indictment, and other senior officials.

Here are some of the most striking quotations directly from the charge document:

• Trump's message to the Justice Department: "When the Acting Attorney General told [Trump] that the Justice Department could not and would not change the outcome of the election, [Trump] responded, 'Just say that the election was corrupt and leave the rest to me and the Republican congressmen'.”
• Pressure on Mike Pence to overturn results: "The Vice President responded that he thought there was no constitutional basis for such authority and that it was improper. In response, [Trump] told the Vice President, 'You’re too honest'.”
• Email from senior Trump aide about lack of evidence for fraud claim: "I'll obviously hustle to help on all fronts, but it’s tough to own any of this when it’s all just conspiracy s*** beamed down from the mothership.”
• Co-conspirator hinted at using army to quell any anti-Trump protests: "The Deputy White House Counsel reiterated...that there had not been outcome-determinative fraud in the election and that if [Trump] remained in office nonetheless, there would be 'riots in every major city in the United States'. [The co-conspirator] responded, 'Well...that’s why there’s an Insurrection Act'.”
• Co-conspirator on voting "fraud" in Arizona: "When the Arizona House Speaker again asked...for evidence, co-Conspirator 1 responded with words to the effect of, 'We don’t have the evidence, but we have lots of theories'."

We've heard from politicians about Donald Trump's indictment - but what do Americans on the street think?

"It's an embarrassment for the country," says one person, while another is bemused that the indictment could bolster Trump's re-election chances.

In the above video, we hear from citizens in New York and Americans in Australia supporting their team at the Women's World Cup.

Robert Greenall
Live reporter

Image source, Reuters

Trump is due to appear in court in Washington DC tomorrow, but it is not clear as yet whether he will appear in person or remotely.

The man leading the inquiry, special counsel Jack Smith, is pledging to seek a "speedy trial", but it is far from certain that this will happen, for several reasons.

First, this trial will be competing for time with the other cases against him - they cannot all be conducted at the same time.

Also it is unlikely to be scheduled for key moments during the election, such as the Republican National Convention when a presidential candidate is formally chosen. This is scheduled for 15 – 18 July next year.

And as former federal prosecutor Renato Mariotti points out, there are plenty of ways in the US justice system to allow for more time for a trial.

So the possibility remains that Trump could have already been elected president by the time the trial starts.

Robert Greenall
Live reporter

Image source, Reuters

These charges are potentially the most serious and consequential that Donald Trump has faced yet.

This is the first time he is being indicted for something which took place while he was still in office. He is alleged to have repeatedly lied to the American people while he was their president.

The case in New York, on the other hand, is about allegations that he illegally paid hush money to a porn star, Stormy Daniels, before he took office.

Meanwhile the federal case relating to the classified documents Trump kept at his Mar-a-Lago residence details events that happened after he left the White House.

Former federal prosecutor Renato Mariotti told Radio 4’s Today programme that this was the first indictment in US history that was charging a former president for conduct that was unique to his office, in other words "trying to remain in office and prevent the peaceful transfer to power".

Special counsel Jack Smith spoke to reporters last night, after the indictment was announced.

Smith was investigating the riots in Washington DC on 6 January, 2021, and Trump's role in them.

It's important to say that, after making the allegations, Smith said: "I must emphasise that the indictment is only an allegation - and the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law."

The full 45-page indictment, external is full of lines which Trump must now address. Here are some of the most striking.

• Trump's "rigged" election claims: "These claims were false, and [Trump] knew that they were false. But [Trump] repeated and widely disseminated them anyway - to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election"
• The aim of the conspiracies: "Each of these conspiracies - which built on the widespread mistrust [Trump] was creating through pervasive and destabilising lies about election fraud—targeted a bedrock function of the United States federal government..."
• Efforts to overturn state results: "[Trump] and co-conspirators attempted to use the power and authority of the justice department to conduct sham election crime investigations”
• The 6 January Capitol riots: "As violence ensued, [Trump] and co-conspirators exploited the disruption by redoubling efforts to levy false claims of election fraud..."
• Pressure on Mike Pence: "[Trump] sought to enlist the vice president to use his ceremonial role at the certification to fraudulently alter the election results...by using knowingly false claims of election fraud to convince the VP...when that failed, [Trump] attempted to use a crowd of supporters that he had gathered in Washington DC to pressure the VP to fraudulently alter the election results"
• Trump's wider election goals: "[Trump's] knowingly false statements were integral to his criminal plans to defeat the federal government function, obstruct the certification, and interfere with others’ right to vote and have their votes counted"

Robert Greenall
Live reporter

Image source, Reuters

Donald Trump, who lost the 2020 presidential election to Joe Biden, has been charged with plotting to overturn his defeat.

He is accused of four counts:

• conspiracy to defraud the US
• conspiracy to obstruct an official proceeding
• obstruction of an official proceeding
• conspiracy against the rights of citizens

These charges relate to Trump's actions over a period of more than two months from soon after election day (3 November) until the day he left the White House on 20 January.

The first count refers to alleged attempts to obstruct the collection, counting and certification of votes.

The second and third deal with alleged attempts to obstruct the certification of electoral college votes in the US Congress on 6 January, which culminated in the Capitol riots.

The fourth charge is about alleged attempts to interfere with citizens' right to vote and to have their votes counted.

Image source, EPA

Trump's first appearance in court over the January 6 charges is tomorrow, Thursday 3 August at 16:00 US eastern time (21:00 BST).

He will face judge US Magistrate Judge Moxila Upadhyaya at a courthouse just across the road from the Capitol building, where the January 6 riots took place.

The judge Trump will appear in front of in his initial appearance is different from the judge who has been assigned to oversee the entire case – that will be US District Judge Tanya Chutkan, who was appointed to the judiciary by former president Barack Obama.

Image source, Reuters

In today's episode, the Americast team are joined by former FBI director James Comey, who was fired by Trump during his presidency.

Comey says Trump's loyal base hasn't expanded since the last election, but he has "tightened his grip" on those who support him.

"There's a ceiling on his poll numbers. But he’s tightened his grip on those who supported him and that's a function of human nature that I've seen over and over again in criminal cases," Comey says.

"People who have been defrauded struggle to admit that they were fools and they tend to be drawn deeper and deeper by fresh and new lies," he adds.

"Otherwise what will they do? They will look at the television images of January 6th, and those images whisper, 'you fool – look what you’ve done to your country'. Most people can't hear that whisper."

We want to hear your reaction on this latest indictment against Donald Trump.

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