DeSantis meets with Kemp amid Trump case, impeachment calls against Fani Willis

Florida Gov. Ron DeSantis met with the governor of Georgia this week for a brief, private conversation. 

DeSantis, a candidate for the Republicans' 2024 presidential ticket, met with Governor Brian Kemp at a hotel in Buckhead, Georgia, on Friday.

The Florida governor was in the area for an appearance alongside other presidential candidates on radio host Erick Erickson's talk show.

GOV. BRIAN KEMP HASN'T RECEIVED 'ANY EVIDENCE' STATE SEN. MOORE HAS MAJORITY NECESSARY FOR WILLIS IMPEACHMENT

The two governors did not discuss endorsements, two sources with knowledge of the matter told Politico.

Fox News Digital reached out to DeSantis's and Kemp's offices for comment on the private meeting.

Kemp additionally spoke Friday with former Vice President Mike Pence, who is also running for the Republican nomination.

Kemp is doing his best to stay out of his state's ongoing racketeering case against former President Donald Trump.

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Fulton County District Attorney Fani Willis held a press conference late Monday after a Fulton County grand jury handed up charges against the former president and numerous others.

The Georgia district attorney gave Trump and the other 18 individuals charged in the indictment until noon on August 25 to surrender to law enforcement.

Willis said during the press conference that she would like a trial to take place within six months.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

Moore, in a statement to Fox News Digital, clarified that the statement in the letter alluding to having a majority in both houses was not accurate.

"Tell Brian Kemp and his team to turn off CNN and open their eyes. I've done 25 TV, radio and podcast interviews with one identical message: I need 3/5 of my colleagues to sign the letter," Moore told Fox News Digital. "The people of Georgia want action, not more empty promises from fluff politicians."

Gov. Brian Kemp hasn’t received ‘any evidence’ state Sen. Moore has majority necessary for Willis impeachment

FIRST ON FOX: Georgia Gov. Brian Kemp's office says the state senator seeking to impeach the prosecutor handling the Georgia case against former President Donald Trump has not provided evidence that he has the necessary support to call a special session.

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Moore is moving to impeach Fulton County District Attorney Fani Willis over the charges brought against former President Trump.

"As a Georgia State Senator, I am officially calling for an emergency session to review the actions of Fani Willis," Moore said on social media Thursday. "America is under attack. I’m not going to sit back and watch as radical left prosecutors politically TARGET political opponents."

"We, the undersigned, being duly elected members of the Georgia House of Representatives and Georgia Senate, and comprising 3/5 of each respective house, pursuant to Article IV, Section II, Paragraph VII(b), hereby certify to you, in writing, with a copy to the Secretary of State, that in our opinion an emergency exists in the affairs of the state, requiring a special session to be convened under that section, for all purposes, to include, without limitation, the review and response to the actions of Fani Willis," Moore wrote in his letter to the governor the same day.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

Regarding further questions on the state senator's bid to impeach Willis, Kemp's office said it could not comment due to the governor's involvement in the case.

"Given the governor was subpoenaed in this case in November of 2022, our office will not be commenting further," he added.

Kemp's office directed Fox News Digital to comments made by one of Kemp's senior advisors, Cody Hall.

"Where have I heard special session, changing decades-old law, and overturning constitutional precedent before?" Hall asked in an interview with the Atlanta Journal-Constitution. "Oh right, prior to Republicans losing two Senate runoffs in January of 2021."

"What are people hoping to learn in the second kick of the election-losing mule?" Hall continued.

Fox News Digital reached out to state Sen. Colton Moore's office for clarification on his claim regarding the 3/5 majority in the state houses, but did not hear back in time for publication.

Could Trump pardon himself if convicted of Georgia charges? Experts weigh in

Former President Trump was indicted earlier this week on 13 felony counts in Georgia in connection with an alleged attempt to overturn the results of the 2020 election. Legal experts told Fox News Digital that Trump cannot pardon himself in this case, but the process of actually incarcerating him is a complicated one.

"The president…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment," Article II, Section 2, Clause 1 of the Constitution reads which John Malcolm, vice president for the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital likely prevents Trump from pardoning himself in Georgia.

"It seems to be pretty clear that he has plenary authority to pardon people for federal crimes, but not for state crimes," Malcolm explained. 

Prominent legal scholars, including George Washington University’s Jonathan Turley and former federal prosecutor Andy McCarthy have made similar arguments to Malcolm's and said that Trump cannot pardon himself in Georgia while others, including political commentator and attorney Mark Levin, have made the case that he can. 

GEORGIA COURT CLERK ADMITS 'MISHAP' BEHIND 'FICTITIOUS' TRUMP INDICTMENT: 'I AM HUMAN'

Levin argues that the Constitution is silent on whether a president can even be indicted and believes the Constitution's Supremacy Clause holds that Trump's federal authority takes precedence over state laws. Additionally, Levin says the Department of Justice's position that a sitting president cannot be indicted on federal crimes because it would "cripple the executive branch" would also hold true for state crimes and indictments from local DAs. 

Clark Neily, senior vice president for legal studies at the Cato Institute, told Fox News Digital that he does not envision a scenario where Trump could pardon himself on state crimes.

"I could see a court delay a proceeding, perhaps even delaying the imposition of a sentence to avoid having a sitting president simultaneously involved in criminal litigation or serving a sentence," Neily told Fox News Digital. "I think that's conceivable. But I just don't really think it's plausible that a court would find that the president of the United States has some unwritten power to pardon himself from state crimes and just make those prosecutions go away entirely."

Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, also told Fox News Digital that Trump cannot pardon himself on state charges and could potentially self-pardon on federal charges in Washington, D.C., and Florida, but that "would be an abuse of power that’s potentially impeachable."

In Georgia, the Republican governor does not have the power to grant clemency. Instead, the five-member board of pardons and paroles, made up of individuals appointed by the governor, holds that power. 

TRUMP SAYS GEORGIA INDICTMENT COMES DURING 'DARK PERIOD' FOR US, VOWS TO FIX IT BY WINNING

Despite the belief that Trump cannot pardon himself from state charges, Malcolm said that if elected president, Trump would be unlikely to see a jail cell at least until he is out of office.

"A president has to be able to carry out the duties of being president of the United States so I think if a president were convicted and incarcerated, I think that a very strong argument can be made that the state could not interfere with his ability to serve as president, and you can't serve as president from a jail cell," Malcolm said.

"Similarly, I think that if there were a state court indictment pending against the president, that indictment would have to be held in abeyance for the entire time that the president served in office, and then it could be taken up again if anyone was so inclined to do it after he or she leaves office."

Neily, who made the point that the legal theories surrounding these arguments are uncharted waters, told Fox News Digital it is hard to envision a scenario where Trump sees any time in state prison for the charges either during his time in office or after and believes the sentence could be commuted by the state or made into a house arrest situation. 

"I think there's a pretty good chance that a court would try to find some way to avoid a situation where a state was either actively prosecuting or incarcerating the president," Neily said.

"I don't see him being incarcerated for any of the charges that are currently pending against him," Neily added. "I feel like the judges in those cases will try to figure out a way to impose some form of punishment that's sort of sufficiently satisfying to the public or that portion of the public that thinks that the prosecutions were appropriate short of actually incarcerating him in an actual prison."

Neily continued, "I'm just not sure that I can really see a former president going to jail with his Secret Service detail."

Trump faces roughly 75 years in prison if convicted on all counts and given the maximum sentences in the Georgia indictment. Georgia judges are not required to dole out prison time for the state RICO charges and can instead levy a fine. But, if they decide to issue a prison sentence the mandatory minimum is five years.

Ohio Secretary of State Frank LaRose fires top aide for criticizing Donald Trump on social media

Ohio Secretary of State Frank LaRose, the most prominent Republican in the race to unseat Democratic U.S. Sen. Sherrod Brown next year, has fired one of his top aides after social media posts surfaced in which the staffer criticized Donald Trump.

LaRose's office confirmed press secretary Rob Nichols's departure on Wednesday. A longtime Republican operative in the state, Nichols held a similar position with then-Republican Gov. John Kasich before he ran for president and became a vocal Trump detractor.

The abrupt dismissal followed Trump political allies on X, formerly Twitter, discovering and posting a cache of old tweets from Nichols' personal account that took aim at the former president, including for his impeachments, indictments and appearance.

OHIO PUBLIC DEFENDER ARRESTED, CHARGED WITH CHILD PORNOGRAPHY

In one tweet, Nichols is quoted replying to a Trump supporter: "it’s been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

His interim replacement, Mary Cianciolo, confirmed that Nichols no longer works for LaRose, but said she could not comment further on a personnel matter.

Reached by phone, Nichols declined comment on the matter. He had deleted the offending account before the tweets were brought to light.

OHIO TEEN INTENTIONALLY CRASHED CAR INTO BRICK WALL TO KILL BOYFRIEND, FRIEND

The dismissal comes just a month after LaRose joined what is expected to be one of the most closely watched contests of 2024 and one where Trump's endorsement could again prove crucial — as it did last year.

After holding out for months, Trump endorsed venture capitalist and memoirist JD Vance for the seat vacated by the GOP's Rob Portman in 2022, helping Vance handily beat a crowded field to win the GOP primary and then the seat.

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A previous critic of Trump himself, LaRose endorsed him for president in 2024 a week after entering the Senate race. That marked a reverse in position from 2020, when he said it was inappropriate to take political sides when you were running elections.

LaRose faces state Sen. Matt Dolan and Cleveland businessman Bernie Moreno for the Republican Senate nomination. Dolan, whose family owns baseball's Cleveland Guardians, has distanced himself from Trump, while Moreno — also a past critic — has seen Trump encourage his run.

August is often the strangest month in politics, and this year is no different

Beware the ides of August.

I have written that line since the late "aughts" here on Capitol Hill.

Shakespeare penned the line, "Beware the ides of March," in his play "Julius Caesar."

A soothsayer had warned the Roman leader to not let up his guard around the middle of the month. And as it turns out, that’s when Caesar was assassinated on the "ides of March" — March 15.

DON'T PAY CONGRESS IF GOVERNMENT SHUTS DOWN, SAYS GOP LAWMAKER

What an omen.

Foreboding. Cursed. Ominous.

In fact, the entire month of March can sometimes appear that way meteorologically.

We use a different metric in politics and specifically on Capitol Hill. August shouldn’t be such a terrifying month. After all, it’s summer. But without a doubt, some of the most utterly strange and consequential political events form in August.

This is ironic in Washington. That’s because the House and Senate are usually out of session for most of August.

HOW LONG IS TOO LONG? CONGRESSIONAL HEALTH SCARES RAISE QUESTIONS ABOUT FITNESS TO SERVE

But periodically, the vacuum of Congress being away from Washington actually generates its own news. That’s because some major issue may erupt, pressing Congress into meeting in August when it's not supposed to do so. Occasionally an event is so significant that lawmakers are summoned back to Washington to tackle a catastrophic issue.

Congress is long gone from Washington this August. Both the House and Senate abandoned the nation’s capital in late July. The House even cut town a day early after Republicans couldn’t reach consensus on approving an agriculture appropriations bill. So it would take a lot to siphon lawmakers back to town this August.

But real world events have a way of doing that.

Congress remained in session into early August in 2011 to wrestle with the debt ceiling. That coincided with the day that former Rep. Gabrielle Giffords, D-Ariz., miraculously returned to Congress just months after being shot in the head. And a few days later, Standard & Poor’s downgraded the credit worthiness of the federal government due to the debt ceiling drama.

Lawmakers returned in late August 2013 for intelligence briefings on Syria. Former President Obama was trying to engineer support for potential military action in and around Syria. But the votes on Capitol Hill never materialized.

The Democratically-controlled House famously failed to approve a crime bill in August 1994, when crime spiked around the nation. Democrats viewed adoption of the crime bill as key to their electoral success heading into the midterm elections. A few weeks later, Democrats successfully marshaled the votes, and recalled the House in late August to approve the crime bill.

As it turned out, Republicans tethered the bill to the Democrats and won the House that fall for the first time in 40 years.

CONGRESS SHOULD USE ‘POWER OF THE PURSE’ TO FORCE CHANGES AT DOJ, DHS: REP. CHIP ROY

All because of what unfolded in August.

Something similar unfolded in August 2009. And, to a lesser degree, in August of 2010.

Congress was out for the month in 2009. But congressional Democrats were trying to pass Obamacare. Republicans met this effort with vitriolic town halls. The tea party was on the rise, opponents of the then-president and Republican loyalists showed up at town meetings to heckle and taunt Democrats. These raucous August sessions helped energize Republicans — especially after Congress approved the health care bill in March of 2010. Moreover, they captured a lot of news oxygen and dominated the headlines that August. That set the table for Republicans to win back the House in the 2010 midterms, capturing a staggering 63 seats.

All because of August.

In fact, Republicans began to hone this "August strategy" in the summer of 2008.

The House voted to leave for more than a month. Being a presidential election year, both Democrats and Republicans were holding their presidential conventions in August and early September.

But that didn’t stop Republicans from commandeering the House chamber on a daily basis to hold rump sessions and rail against the Democratic majority. House GOPers rotated a set of members on a daily basis — even dragging some members of the Capitol press corps into the chamber to observe the action. The GOPers would also bring in tourists. Republicans made sure they focused on their target: then-House Speaker Nancy Pelosi, D-Calif.

Republicans even claimed that Pelosi adjourned the House by herself and locked them out of the chamber. Never mind that roll call vote I mentioned earlier to adjourn for the conventions. And the speaker certainly didn’t lock anyone out. After all, the Republicans wouldn’t have made it into the chamber each day if the doors were locked.

But the rhubarb made a good show for Republicans in August 2008.

Sometimes non-political forces force Washington, D.C., into action in August. Congress returned to session in August 2006 after Hurricane Katrina pulverized the Gulf Coast.

Still, these episodes surrounding Congress in August pale to other major political news stories that emerged in August.

TRUMP INDICTMENT WOULD ‘BULLDOZE’ THE FIRST AMENDMENT IF IT SUCCEEDS: TURLEY

The late President Truman dropped bombs on Hiroshima and Nagasaki in August 1945.

Martin Luther King Jr. delivered his "I Have a Dream" speech in Washington in August 1963.

President Nixon resigned in August 1974 as President Ford took over.

It was still August 31, 1983, in Washington (barely) when the Soviets shot down a Korean Air Lines flight, killing all 269 people on board. Among the dead: late Rep. Larry McDonald, R-Ga.

Late Rep. Mickey Leland. R-Texas and congressional aides died in a plane crash in August 1989.

Iraq invaded Kuwait in August 1990, teeing up the first Gulf War in 1991.

Princess Diana died in Paris in August 1997.

Russia invaded Georgia in August 2008 — a partial prelude to today’s war in Ukraine.

Late Sen. Ted Stevens, R-Alaska, died in a plane crash in August 2010.

A 5.8 magnitude earthquake centered in Virginia rocked Washington, D.C., damaging the Capitol complex in August 2011.

The white supremacist "Unite the Right" rally unfolded in Charlottesville, Virginia, in August 2017.

And so far, this August has been far from inconsequential.

Special Counsel Jack Smith indicted former President Trump on charges of trying to overturn the election and linking him to the Capitol riot on Aug. 1. Trump appeared in federal court in the shadow of the Capitol on Aug. 3.

Sandwiched between that was a wild scene on the Senate side of the Capitol on Aug. 2. U.S. Capitol Police searched the Senate office buildings, in pursuit of a potential active shooter. The episode frightened hundreds of congressional aides, workers, reporters and tourists, all in the Senate office buildings.

This all unfolds as there is chatter about another indictment looming for the former president in Georgia. And congressional Republicans are sure talking about trying to impeach President Biden when lawmakers return in September. There will be lot of talk about impeachment this August, even if it doesn’t result in impeachment for the president.

Discussion about impeachment for then-President Trump really accelerated in August 2019 — resulting in his first impeachment later that year. It wouldn’t have happened but for the events of that August.

And, much like S&P in 2011, credit rater Fitch downgraded the federal government’s credit ratings this August due to the debt ceiling drama of the spring. That sparked a market selloff.

So August is seminal in politics.

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We’re now approaching the middle of August. If history is our guide, beware the ides of August.

Even if the ides of March get most of the attention.

Adam Schiff leads Democrat push to televise Trump trials: ‘Vitally important’

Thirty-eight House Democrats led by Rep. Adam Schiff, D-Calif., are demanding that former President Trump’s federal criminal trials be televised for the public.

"We are writing to request the Judicial Conference explicitly authorize the broadcasting of court proceedings in the cases of United States of America v. Donald J. Trump," they said in a Thursday night letter to federal officials.

"It is imperative the Conference 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 the need for transparency," they wrote.

It was sent hours after Trump pleaded not guilty to four charges related to his and his allies’ alleged efforts to overturn the 2020 presidential election.

INDICTMENT OF DONALD TRUMP IS A 'TERRIBLY TRAGIC DAY' AND SHOWS SPEECH IS NOW 'CRIMINALIZED': TRUMP ATTORNEY

Trump was arraigned in a Washington, D.C., court on Thursday after Special Counsel Jack Smith announced the second of two federal grand jury indictments against the former president. He is also under an earlier criminal indictment in New York City.

Federal courts largely do not allow cameras, with a few exceptions.

Howerver, the dozens of Democrats who addressed the Judicial Conference, which guides federal court policy, insisted that putting Trump’s trials on TV is critical for Americans to "fully accept" their outcome.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

"As the policymaking body for the federal courts, the Judiciary Conference has historically supported increased transparency and public access to the courts’ activities. Given the historic nature of the charges brought forth in these cases, it is hard to imagine a more powerful circumstance for televised proceedings," the lawmakers wrote.

"If the public is to fully accept the outcome, it will be vitally important for it to witness, as directly as possible, how the trials are conducted, the strength of the evidence adduced and the credibility of witnesses," they wrote.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

Schiff was censured this year for promoting claims, while chairing the Intelligence Committee last Congress, that the Trump 2016 campaign colluded with Russia to win the election.

He also played a central role in both of Trump’s impeachment proceedings by House Democrats. He was an impeachment manager during the first, and was a member of the January 6 select committee when the former president was being impeached over the Capitol riot.

Other members of the now-defunct Jan. 6 panel signed Schiff’s letter, including its chairman, Rep. Bennie Thompson, D-Miss., as well as Reps. Jamie Raskin of Maryland, Pete Aguilar of California, and Zoe Lofgren of California.

A spokesperson for Trump did not immediately return a request for comment.

Trump allies cry election interference after former president arrested over 2020 race

Former President Donald Trump’s allies are painting his Thursday arraignment as an attempt by President Biden to crush his political rival ahead of the 2024 election and distract from bribery allegations against his own family.

Trump pleaded "not guilty" to four federal counts stemming from alleged efforts to overturn his 2020 loss to Biden. It’s his second federal indictment and third criminal indictment in the span of less than five months. 

His Republican allies in Congress have continued to stick by him, however. GOP Conference Chair Elise Stefanik, the No. 3 leader in the House, echoed Trump’s repeated insistence that investigations into his conduct are "witch hunts."

"The unconstitutional and unprecedented arrest of President Donald J. Trump is truly a chilling chapter in Joe Biden’s weaponization of the Department of Justice against his leading political opponent who is beating Biden in many independent polls. President Trump had every right under the First Amendment to correctly raise concerns about election integrity in 2020," Stefanik, R-N.Y., said. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

"The American people are smart, and they know this is a politically charged witch hunt orchestrated by Joe Biden’s corrupt DOJ in a desperate attempt to distract the American people from the mounting evidence of Joe Biden’s direct involvement in his family’s illegal influence peddling scheme," she added,

Rep. Mary Miller, R-Ill., cited a 2014 statement from Biden expressing concern about Malaysia’s encroachment on its own rule of law.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

"Today, Joe Biden's DOJ did what Joe Biden used to condemn other countries for doing: arrest his political opposition to silence and intimidate them," Miller said. 

Another House Republican, Rep. Diane Harshbarger, R-Tenn., went a step further than condemnation and called for both a congressional investigation and Biden’s immediate impeachment. 

"Today’s politically-motivated arraignment of President Trump marks a dark day for our nation. Joe Biden’s persecution of President Trump is a blatant power grab and an attempt to silence the voices of millions of Americans," Harshbarger said. "I call on Congress to launch a full investigation into the politicization of our government agencies, and for an immediate impeachment inquiry against Joe Biden, who is directly responsible for this despicable witch hunt."

TRUMP'S 2024 GOP RIVALS WEIGH IN ON FORMER PRESIDENT'S JAN. 6 PROBE INDICTMENT

Both Rep. Marjorie Taylor Greene, R-Ga., and Sen. Marsha Blackburn, R-Tenn., also accused Biden of trying to tip the scales, despite the White House’s repeated insistence that the DOJ is independent.

"Trump is being targeted because the left knows he’s Biden’s greatest political threat," Blackburn said.

Greene said, "Biden’s DOJ is actively participating in election interference by trying to put his top political opponent, President Donald Trump, behind bars. It’s pure corruption."

Trump himself made similar comments after his arraignment and just before boarding his plane. "This is a very sad day for America," the former president said. "When you look at what's happening, this is a persecution of a political opponent."

Trump to plead ‘not guilty’ to charges stemming from special counsel’s Jan. 6 probe

WASHINGTON D.C.--Former President Donald Trump on Thursday will plead ‘not guilty’ in federal court to all four federal charges stemming from Special Counsel Jack Smith's investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021, sources familiar said. 

Trump, the 2024 GOP front-runner, is charged with 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.

Trump traveled from his resort in Bedminster, N.J., Thursday to Washington D.C. His first court appearance took place at the U.S. District Court for the District of Columbia. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

US Magistrate Judge Moxila Upadhaya is presiding over Thursday's proceedings. Judge Tanya Chutkan will preside over the trial. Chutkan, a former assistant public defender before her appointment to the bench by President Barack Obama, has handled several cases involving individuals who entered the Capitol on January 6.

Trump posted to his Truth Social late Wednesday saying that the case "will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia!" 

"IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness," Trump posted. "It is now a high crime embarrassment to our Nation and, indeed, the World. This Indictment is all about Election Interference!!!" 

The indictment comes out of Smith's investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice. 

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty in federal court in the Southern District of Florida to 37 counts related to his alleged improper retention of classified records from his presidency.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

The former president posted again to his Truth Social Thursday morning, accusing the Biden administration of bringing criminal charges against him to drain funds from his 2024 presidential campaign. 

"Look, it’s not my fault that my political opponent in the Democrat Party, Crooked Joe Biden, has told his Attorney General to charge the leading (by far!) Republican Nominee & former President of the United States, me, with as many crimes as can be concocted so that he is forced to spend large amounts of time & money to defend himself," Trump said. "The Dems don’t want to run against me or they would not be doing this unprecedented weaponization of "Justice." BUT SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"

Campaign finance documents show Trump, the Republican presidential front-runner, burned through at least $42.8 million this year, much of it used to cover costs related to his mounting legal peril. The former president has $31.8 million cash on hand.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

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

Trump to appear in federal court after being charged with crimes related to Jan 6

Former President Donald Trump is scheduled to appear in federal court in Washington, D.C., Thursday afternoon after being indicted on charges that stem from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, faces four federal charges, including 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 former president is expected to travel from Bedminster, New Jersey, to Washington, D.C., on Thursday. He was ordered to appear in federal court for a 4 p.m. arraignment.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

"The Defendant, Donald J. Trump, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 presidential election," Smith’s indictment states. "Despite having lost, the Defendant was determined to remain in power."

Smith alleged that "for more than two months following election day on November 3, 2020" Trump "spread lies that there had been outcome-determinative fraud in the election and that he had actually won." It lists various claims that Trump's team made during post-election state challenges in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

"These claims were false, and the Defendant knew that they were false," Smith alleged. "But the Defendant 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."

Smith said Trump, between Nov. 14, 2020, and Jan. 20, 2021, "did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to defraud the United States by using dishonest, fraud and deceit to impair, obstruct and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government."

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

There are six unnamed co-conspirators in the indictment.

Reacting to the charges, a Trump campaign spokesperson told Fox News Digital in a statement that "this is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election, in which President Trump is the undisputed front-runner, and leading by substantial margins."

"But why did they wait two and a half years to bring these fake charges, right in the middle of President Trump’s winning campaign for 2024? Why was it announced the day after the big Crooked Joe Biden scandal broke out from the Halls of Congress?" the spokesperson wrote.

"The answer is, election interference!" the spokesperson continued. "The lawlessness of these persecutions of President Trump and his supporters is reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes."

"President Trump has always followed the law and the Constitution, with advice from many highly accomplished attorneys," the spokesperson added.

The indictment comes after Trump had announced that he received a target letter from the Justice Department, which also asked that he report to the federal grand jury. Trump said he anticipated "an arrest and indictment."

Smith was investigating whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him again and ultimately voted to impeach him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice.

The Senate voted to acquit but, had Trump been convicted, the Senate would have moved to bar the 45th president from holding federal office ever again, preventing a 2024 White House run.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

Elsewhere, prosecutors in Fulton County, Georgia, are looking to wrap up their criminal investigation into Trump's alleged efforts to overturn the 2020 presidential election in the state.

Legal experts slam Jack Smith for bringing ‘lousy’ case against Trump: ‘Disinformation indictment’

Legal experts are criticizing special counsel Jack Smith for his latest indictment against Donald Trump for accusing the former president of spreading disinformation and other activities protected by the First Amendment.

Trump was indicted out of Special Counsel Jack Smith’s investigation related to 2020 election interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as conspiracy to obstruct an official proceeding.

"The most jarring thing about this indictment is it basically just accuses him of disinformation — this is a disinformation indictment," said legal scholar Jonathan Turley, a professor of public interest law at George Washington University and a Fox News contributor.

"It said [Trump] was spreading falsehoods, that [he] was undermining integrity of the election — that is all part of the First Amendment," Turley said. "And I think that courts will look skeptically."

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

Turley said that one thing that is noticeably absent from the indictment is a charge for "conspiracy for incitement" or "seditious conspiracy."

"Those were the claims the Democrats used in the impeachment and said the evidence was absolutely clear, people like (Rep.) Adam Schiff and others saying [Trump] is clearly guilty of those crimes," Turley explained. "Well, they’re not in here."

He added: "I think there are some serious legal problems with this indictment."

Andy McCarthy, a former federal prosecutor and assistant U.S. attorney for the Southern District of New York and a Fox News contributor, told Fox News Digital that Smith brought "a lousy case."

"I think all the counts have significant legal problems, and that’s even before you get to the complex problems of trying to prove Trump’s intent," McCarthy said.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

McCarthy said that one "significant problem" is the fraud that Smith has alleged.

"It is not actionable fraud as the Supreme Court has described fraud — as recently as May," McCarthy said. "The Supreme Court made very clear that fraud in federal law is a scheme to swindle someone out of money or physical property."

McCarthy added that this is "exactly the kind of case" the court was telling prosecutors not to bring, "and he brought it anyway."

McCarthy also dismissed the "conspiracy against rights" charge that Smith brought against Trump.

"Smith is using a statute enacted right after the Civil War, which was actually directed at violent intimidation by the Ku Klux Klan against Black voters in the South — which doesn’t have any connection to what we’re talking about here," McCarthy explained. "They applied that law to ballot box stuffing, so what Smith is trying to tease out of that case is what then-Justice Thurgood Marshall said in the 1960s: You don’t have to have violence. You just have to have activity that functionally cancels out people’s votes."

TRUMP PLEADS NOT GUILTY TO 37 FEDERAL FELONY CHARGES IN CLASSIFIED RECORDS CASE

McCarthy said the "most insidious thing" the special counsel does is "he doesn’t charge Trump with any violence because there is no connection."

"The Justice Department would love to charge Trump with seditious conspiracy, but the problem is, he said he supported a peaceful march on the Capitol," McCarthy said. "That may have been a stupid thing to do, but not a criminal thing to do."

McCarthy told Fox News Digital that Smith alleges that Trump "exploited the violence at the Capitol riot."

"That’s an unseemly thing for a prosecutor to do when he is not charging Trump with the Capitol riot," McCarthy explained. "Inconveniently for him, he has no evidence that Trump orchestrated them, or intended for them to do it."

McCarthy added that Smith put this into the indictment so he can argue that he "needs Capitol riot evidence in the trial."

"And then he’ll try to rush the trial in the run-up to the election," McCarthy said. "Then the American electorate will have Capitol riot imagery in the front of their minds as they go to vote in 2024."

DESANTIS CALLS FOR LAW ENFORCEMENT REFORMS AFTER TRUMP JANUARY 6 INDICTMENT 

But not every legal expert says Smith's case is weak. Laurence Tribe, professor of constitutional law emeritus at Harvard University, told Fox News Digital that Smith has brought an "airtight" indictment against the former president.

"The factual details, if true as claimed, leave Trump with no legitimate legal defenses," Tribe said. "And the sources for all the damning direct quotations, including those by Mr. Trump himself, are all individuals he hand-picked for their loyalty to him — they have no conceivable motive to lie. And there’s no chance they’re misremembering anything so stark."

Tribe told Fox News Digital that Trump’s "only hope to avoid conviction" on this latest set of charges is "to get someone installed as president who would pardon him or get the Justice Department to drop the case."

Smith announced the charges against Trump on Tuesday, saying Jan. 6 was "an unprecedented assault on the seat of American democracy."

"Described in the indictment, it was fueled by lies — lies by the defendant — targeted at obstructing a bedrock function of the U.S. government: the nation's process of collecting, counting and certifying the results of the presidential election," he said.

Trump has been ordered to appear in federal court in Washington, D.C., for his arraignment on Thursday at 4:00 p.m.

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Those charges include willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.