Former President Trump’s legal fights set up an unprecedented situation as he battles for the GOP presidential nomination.
Trump pleaded not guilty on Thursday to charges related to the Jan. 6, 2021 attack on the U.S. Capitol and his efforts to stay in power.
It’s the third time Trump has entered a not guilty plea on various charges brought against him this year. Further charges could come from the state of Georgia as soon as this month.
In the months ahead, the former president and favorite for his party’s nomination in 2024 will be balancing a loaded court schedule and primary appearances in pursuit of the White House next year.
A day after Trump’s first court appearance related to charges stemming from the federal Jan. 6 investigation, here’s what’s happening. Follow along for live updates.
Trump waives right to appear at classified documents arraignment
Former President Trump waived his right to appear for his upcoming arraignment on a superseding indictment in the classified documents case.
Trump has already appeared in court to plead not guilty to the 37 counts contained in the original indictment, but his arraignment on three newly filed charges is scheduled for Aug. 10.
In a court filing on Friday, Trump and his attorney waived his right to appear. Prosecutors previously indicated they would not oppose his absence, but it must be approved by the judge.
—Zach Schonfeld
Fox hosts debate whether Trump is ‘toast’
Hosts of “Fox & Friends” debated whether former President Trump is in serious legal jeopardy after being indicted this week over his efforts to overturn the 2020 election, which culminated with the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.
While talking about comments made by former Trump lawyer Ty Cobb during an appearance on CNN Thursday night, Steve Doocy quoted Cobb as saying the evidence against Trump is “overwhelming” and that the former president is “toast.”
“No, but think about everybody around Trump in in casual conversation, in serious conversation on tour and beyond, will that go five seconds without him saying he won the election? He was down Sean Hannity’s throat for not defending him,” co-host Brian Kilmeade interjected.
— Domenick Mastrangelo
When is Trump’s next court date?
The former president is to be arraigned on charges laid out in the Justice Department’s superseding indictment in the Mar-a-Lago documents case.
The court appearance, also involving Trump valet Walt Nauta, is set for 10 a.m. Aug. 10 before U.S. Magistrate Judge Shaniek Mills Maynard at the federal courthouse in Fort Pierce, Fla.
What happens if Trump is elected and has these cases pending?
If Trump is reelected before the cases against him are resolved, it’s likely efforts to delay them until after his presidency would succeed, according to Barb McQuade, a former U.S. attorney and current law professor at the University of Michigan.
She cited an opinion from the Justice Department’s Office of Legal Counsel that suggests a criminal case would be too distracting for the nation’s leader, and therefore, not in the country’s best interests.
“For the same reason that the sitting president cannot be indicted, I think that he could not be required to defend himself in a criminal case while serving as president,” she said.
— Ella Lee
Have other presidential candidates run under indictment?
While Trump is the first former president to face criminal charges, he’s not the only presidential candidate to be indicted – or convicted – of crimes.
Socialist and labor leader Eugene V. Debs ran for president five times – the fifth of which, in 1920, he ran from prison after being convicted of sedition, according to a biography in Middle Tennessee State University’s “First Amendment Encyclopedia“. He campaigned as “Convict No. 9653,” and earned about 3.4% of the popular vote.
The late conspiracist Lyndon LaRouche, former Texas Gov. Rick Perry and “Tiger King” star Joe Exotic also launched presidential bids while under indictment.
There are just three constitutional requirements to run for president: being a natural-born citizen, a U.S. resident for at least 14 years and at least 35 years old. American voters decide the rest.
— Ella Lee
Atlanta preps for possible Trump legal news
The Fulton County Sherriff’s Office in Atlanta will be increasing security and closing streets around the Fulton County Courthouse ahead of a possible indictment against former President Trump.
Pryor Street SW between MLK Jr. Drive and Mitchell Street will close to general traffic starting 5 a.m. Monday through Aug. 18, according to the Fulton County Sheriff’s Office.
The sheriff’s office said the Fulton County Courthouse and Fulton County Government Center will remain open to the public and pedestrian traffic will be allowed on Pryor Street. No public parking will be permitted around the perimeter of the courthouse on either side of the street.
The tightened security comes as Fulton County District Attorney Fani Willis (D) is expected to seek a grand jury indictment in her investigation into Trump and his Republican allies to overturn the election in the state.
—Miranda Nazzaro
Could Trump face jail time if convicted?
With criminal charges in three indictments – and a fourth likely on the way – Trump faces decades in prison if convicted. But given his ex-president status and Secret Security protection, jail time is unlikely, according to Barb McQuade, a former U.S. attorney and current law professor at the University of Michigan.
“If he is sentenced, I think it is most likely that he will be sent to home confinement,” she said.
Even if he was jailed, there is nothing legally that would prevent him from serving as president – even though the logistics would be “very complicated,” McQuade added.
“My guess is that if he is reelected, he would be released,” she said.
— Ella Lee
Kinzinger hits McCarthy over comments
Former Rep. Adam Kinzinger (R-Ill.) called Speaker Kevin McCarthy’s (R-Calif.) criticism of the latest charges against former President Trump “complete garbage” on Thursday, arguing that his objections don’t “make an ounce of sense.”
Following Trump’s indictment on Tuesday over his efforts to remain in power after losing the 2020 election, McCarthy slammed the Justice Department, claiming that Democrats have previously made similar allegations about elections and have not been charged.
“He knows better,” Kinzinger said on CNN, where he now serves as a senior political commentator.
“He knows that’s complete garbage. Even the base would look at that and go, ‘That’s not the same thing. It doesn’t make an ounce of sense,’” Kinzinger said.
— Julia Shapero
Chutkan draws fire from Trump allies
Republican allies of Donald Trump are stepping up their attacks on Washington, D.C., District Judge Tanya Chutkan and the D.C. court itself, arguing it would be impossible for the former president to get a fair trial in the nation’s capital city.
Judge Chutkan’s ruling against Trump two years ago in a legal dispute over handing his presidential records to House investigators and the tough sentences the Obama appointee handed down to Jan. 6 defendants are drawing scrutiny and criticism from Trump’s allies.
Her record of contributing money to former President Obama’s presidential campaigns — and the political leanings of D.C.’s residents, who would comprise the jury pool — are also coming under Republican attack.
— Alexander Bolton
Trump calls on Supreme Court to ‘intercede’ in legal fights
(Alex Brandon/Associated Press)
Former President Trump is calling on the Supreme Court to intercede in the legal battles he is facing after he pleaded not guilty federal to charges related to special counsel Jack Smith’s investigation of the Jan. 6, 2021, Capitol riot and efforts to overturn the 2020 presidential election.
Trump in a post on Truth Social on Friday repeated accusations that President Biden is pushing for the cases against him for political purposes. Trump also said the multiple cases against him will require “massive amounts” of time and money and force him to use resources on court battles that could have been used for advertisements and rallies.
–Jared Gans
Almost half of Republicans in new poll would not vote for Trump if he’s convicted of felony
(Charlie Neibergall/Associated Press)
Nearly half of Republicans in a survey released on Thursday said they would not vote for former President Trump if he were convicted of a felony.
The Reuters/Ipsos poll found that 45 percent of Republicans said they would not vote for Trump if he were convicted, while 35 percent said they would still cast their ballot for the former president. Another 20 percent said they were unsure of how they would vote.
–Julia Shapero
House Democrats call for Trump trial to be televised
(Alex Brandon/Associated Press)
2024 Election Coverage
Trump waives right to appear at classified documents arraignment
Former President Trump waived his right to appear for his upcoming arraignment on a superseding indictment in the classified documents case.
Trump has already appeared in court to plead not guilty to the 37 counts contained in the original indictment, but his arraignment on three newly filed charges is scheduled for Aug. 10.
In a court filing on Friday, Trump and his attorney waived his right to appear. Prosecutors previously indicated they would not oppose his absence, but it must be approved by the judge.
—Zach Schonfeld
Fox hosts debate whether Trump is ‘toast’
Hosts of “Fox & Friends” debated whether former President Trump is in serious legal jeopardy after being indicted this week over his efforts to overturn the 2020 election, which culminated with the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.
While talking about comments made by former Trump lawyer Ty Cobb during an appearance on CNN Thursday night, Steve Doocy quoted Cobb as saying the evidence against Trump is “overwhelming” and that the former president is “toast.”
“No, but think about everybody around Trump in in casual conversation, in serious conversation on tour and beyond, will that go five seconds without him saying he won the election? He was down Sean Hannity’s throat for not defending him,” co-host Brian Kilmeade interjected.
— Domenick Mastrangelo
When is Trump’s next court date?
The former president is to be arraigned on charges laid out in the Justice Department’s superseding indictment in the Mar-a-Lago documents case.
The court appearance, also involving Trump valet Walt Nauta, is set for 10 a.m. Aug. 10 before U.S. Magistrate Judge Shaniek Mills Maynard at the federal courthouse in Fort Pierce, Fla.
What happens if Trump is elected and has these cases pending?
If Trump is reelected before the cases against him are resolved, it’s likely efforts to delay them until after his presidency would succeed, according to Barb McQuade, a former U.S. attorney and current law professor at the University of Michigan.
She cited an opinion from the Justice Department’s Office of Legal Counsel that suggests a criminal case would be too distracting for the nation’s leader, and therefore, not in the country’s best interests.
“For the same reason that the sitting president cannot be indicted, I think that he could not be required to defend himself in a criminal case while serving as president,” she said.
— Ella Lee
Have other presidential candidates run under indictment?
While Trump is the first former president to face criminal charges, he’s not the only presidential candidate to be indicted – or convicted – of crimes.
Socialist and labor leader Eugene V. Debs ran for president five times – the fifth of which, in 1920, he ran from prison after being convicted of sedition, according to a biography in Middle Tennessee State University’s “First Amendment Encyclopedia“. He campaigned as “Convict No. 9653,” and earned about 3.4% of the popular vote.
The late conspiracist Lyndon LaRouche, former Texas Gov. Rick Perry and “Tiger King” star Joe Exotic also launched presidential bids while under indictment.
There are just three constitutional requirements to run for president: being a natural-born citizen, a U.S. resident for at least 14 years and at least 35 years old. American voters decide the rest.
— Ella Lee
Atlanta preps for possible Trump legal news
The Fulton County Sherriff’s Office in Atlanta will be increasing security and closing streets around the Fulton County Courthouse ahead of a possible indictment against former President Trump.
Pryor Street SW between MLK Jr. Drive and Mitchell Street will close to general traffic starting 5 a.m. Monday through Aug. 18, according to the Fulton County Sheriff’s Office.
The sheriff’s office said the Fulton County Courthouse and Fulton County Government Center will remain open to the public and pedestrian traffic will be allowed on Pryor Street. No public parking will be permitted around the perimeter of the courthouse on either side of the street.
The tightened security comes as Fulton County District Attorney Fani Willis (D) is expected to seek a grand jury indictment in her investigation into Trump and his Republican allies to overturn the election in the state.
—Miranda Nazzaro
Could Trump face jail time if convicted?
With criminal charges in three indictments – and a fourth likely on the way – Trump faces decades in prison if convicted. But given his ex-president status and Secret Security protection, jail time is unlikely, according to Barb McQuade, a former U.S. attorney and current law professor at the University of Michigan.
“If he is sentenced, I think it is most likely that he will be sent to home confinement,” she said.
Even if he was jailed, there is nothing legally that would prevent him from serving as president – even though the logistics would be “very complicated,” McQuade added.
“My guess is that if he is reelected, he would be released,” she said.
— Ella Lee
Kinzinger hits McCarthy over comments
Former Rep. Adam Kinzinger (R-Ill.) called Speaker Kevin McCarthy’s (R-Calif.) criticism of the latest charges against former President Trump “complete garbage” on Thursday, arguing that his objections don’t “make an ounce of sense.”
Following Trump’s indictment on Tuesday over his efforts to remain in power after losing the 2020 election, McCarthy slammed the Justice Department, claiming that Democrats have previously made similar allegations about elections and have not been charged.
“He knows better,” Kinzinger said on CNN, where he now serves as a senior political commentator.
“He knows that’s complete garbage. Even the base would look at that and go, ‘That’s not the same thing. It doesn’t make an ounce of sense,’” Kinzinger said.
— Julia Shapero
Chutkan draws fire from Trump allies
Republican allies of Donald Trump are stepping up their attacks on Washington, D.C., District Judge Tanya Chutkan and the D.C. court itself, arguing it would be impossible for the former president to get a fair trial in the nation’s capital city.
Judge Chutkan’s ruling against Trump two years ago in a legal dispute over handing his presidential records to House investigators and the tough sentences the Obama appointee handed down to Jan. 6 defendants are drawing scrutiny and criticism from Trump’s allies.
Her record of contributing money to former President Obama’s presidential campaigns — and the political leanings of D.C.’s residents, who would comprise the jury pool — are also coming under Republican attack.
— Alexander Bolton
Trump calls on Supreme Court to ‘intercede’ in legal fights
(Alex Brandon/Associated Press)
Former President Trump is calling on the Supreme Court to intercede in the legal battles he is facing after he pleaded not guilty federal to charges related to special counsel Jack Smith’s investigation of the Jan. 6, 2021, Capitol riot and efforts to overturn the 2020 presidential election.
Trump in a post on Truth Social on Friday repeated accusations that President Biden is pushing for the cases against him for political purposes. Trump also said the multiple cases against him will require “massive amounts” of time and money and force him to use resources on court battles that could have been used for advertisements and rallies.
–Jared Gans
Almost half of Republicans in new poll would not vote for Trump if he’s convicted of felony
(Charlie Neibergall/Associated Press)
Nearly half of Republicans in a survey released on Thursday said they would not vote for former President Trump if he were convicted of a felony.
The Reuters/Ipsos poll found that 45 percent of Republicans said they would not vote for Trump if he were convicted, while 35 percent said they would still cast their ballot for the former president. Another 20 percent said they were unsure of how they would vote.
–Julia Shapero
House Democrats call for Trump trial to be televised
(Alex Brandon/Associated Press)
A group of 38 House Democrats penned a letter Thursday to the body overseeing federal courts requesting that former President Trump’s election fraud trial be publicly televised live.
“It is imperative the [court] ensures timely access to accurate and reliable information surrounding these cases and all of their proceedings, given the extraordinary national importance to our democratic institutions and need for transparency,” the group wrote.
–Nick Robertson
A group of 38 House Democrats penned a letter Thursday to the body overseeing federal courts requesting that former President Trump’s election fraud trial be publicly televised live.
“It is imperative the [court] ensures timely access to accurate and reliable information surrounding these cases and all of their proceedings, given the extraordinary national importance to our democratic institutions and need for transparency,” the group wrote.
–Nick Robertson