How Biden – and Trump – helped make the pardon go haywire

The pardon debate – individual, group, partisan, preemptive – is spinning out of control.

In his "Meet the Press" interview, Donald Trump mocked Joe Biden’s repeated assurances about Hunter: "‘I’m not going to give my son a pardon. I will not under any circumstances give him a pardon.’ I watch this and I always knew he was going to give him a pardon."

In a portion of that interview that did not air but was posted online, the president-elect complained to Kristen Welker:

"The press was obviously unfair to me. The press, no president has ever gotten treated by the press like I was."

BIDEN'S PARDONING OF HUNTER INDICATES HE HAS 'A LOT MORE TO HIDE': LARA TRUMP

Why did he appear on "Meet the Press"? "You’re very hostile," Trump said. Her response: "Well, hopefully, you thought it was a fair interview. We covered a lot of policy grounds."

"It’s fair only in that you allowed me to say what I say. But you know, the answers to questions are, you know, pretty nasty. But look, because I’ve seen you interview other people like Biden."

"I’ve never interviewed President Biden," Welker responded. Trump said he was speaking "metaphorically."

"I’ve seen George Stephanopoulos interview. And he’s a tough interviewer. It’s the softest interview I’ve seen. CNN interview. They give these soft, you know, what’s your favorite ice cream? It’s a whole different deal. I don’t understand why."

The strength of Welker’s approach is that she asked as many as half a dozen follow-ups on major topics, making more news. When she asked, for instance, whether he would actually deport 11 million illegal immigrants, as he’d said constantly on the campaign trail, he answered yes – which for some reason lots of news outlets led with. But a subsequent question got Trump to say he didn’t think the Dreamers should be expelled and would work it out with the Democrats.

As for Trump, he reminded me of the candidate I interviewed twice this year. He was sharp and serious, connecting on each pitch, fouling a few off. This was not the candidate talking about sharks at rallies. 

BIDEN, TRUMP BOTH RIP DOJ AFTER PRESIDENT PARDONS HUNTER

With one significant misstep, he made the case that he was not seeking retribution – even backing off a campaign pledge that he would appoint a special prosecutor to investigate Biden.

That misstep, when Trump couldn’t hold back, was in saying of the House Jan. 6 Committee members, including Liz Cheney: "For what they did, honestly, they should go to jail."

He did add the caveat that he would let his attorney general and FBI chief make that decision, but it allowed media outlets to lead with Trump wanting his political opponents behind bars. For what it’s worth, there’s no crime in lawmakers holding hearings, and this business about them withholding information seems like a real stretch.

Now back to the pardons. This mushrooming debate was obviously triggered by the president breaking his repeated promise with a sweeping, decade-long pardon of his son, a 54-year-old convicted criminal.

But then, as first reported by Politico, we learned that the Biden White House is debating whether to issue a whole bunch of preemptive pardons to people perceived to be potential targets of Trumpian retaliation.

But the inconvenient truth is that anyone accepting such a pardon would essentially admit to the appearance of being guilty. That’s why Sen.-elect Adam Schiff says he doesn’t want a pardon and won’t accept one.

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But many of those potential recipients don’t even know they’re under consideration for sweeping pardons covering anything they may or may not have done.

It is a truly awful idea, and with Biden and Trump both agreeing that DOJ engages in unfair and selective prosecutions – which in the Republican’s case made his numbers go up – the stage is set for endless rounds of payback against each previous administration.

I remember first thinking about the unchecked power of presidential pardons when Bill Clinton delivered a last-minute one to ally and super-wealthy Marc Rich.

So it’s time to hear from Alexander Hamilton, who pushed it into the Constitution. Keep in mind that in that horse-and-buggy era, there were very few federal offenses because most law enforcement was done by the states.

In Federalist 74, published in 1788, Hamilton said a single person was better equipped than an unwieldy group, and such decisions should be broadly applied to help those in need.   

"In seasons of insurrection or rebellion," the future Treasury secretary wrote, "there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth."

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Otherwise, it might be too late.

But another founding father, George Mason, opposed him, saying a president "may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection?"

An excellent argument, but Hamilton won out.

As Hamilton envisioned, George Washington, in 1794, granted clemency to leaders of the Whiskey Rebellion to calm a fraught situation.

Something tells me that Biden, Trump and their allies aren’t poring over the Federalist papers. But it’s still an awful lot of sweeping power to place in the hands of one chief executive, for which the only remedy is impeachment.

President Biden’s pardon of son Hunter a political gift for Trump going forward

Legal and political analysts are characterizing President Biden's stunning "full and unconditional pardon" of his son Hunter as an early holiday gift for President-elect Donald Trump.

"He's essentially endorsing Trump's long-held opinion that the Department of Justice is politicized and isn't acting impartially," longtime Republican strategist and communicator Ryan Williams said of the move by Biden.

In absolving his son ahead of twin sentencings on separate gun and tax convictions later this month, the president argued that the Justice Department's handling of the cases against Hunter Biden was politicized.

DID TRUMP PREDICT BIDEN PARDON OF HIS SON HUNTER?

Biden said in a statement Sunday night that his son, who is a recovering addict, was "treated differently" because of who his father is.

"No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong," the president said in the statement. "There has been an effort to break Hunter — who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me — and there’s no reason to believe it will stop here. Enough is enough."

TRUMP STATEMENT ON BIDEN'S MOVE TO PARDON HIS SON

Biden, in his statement, appeared to be pointing to the way the case was handled by David Weiss. He is the Trump-appointed U.S. attorney from Delaware who originally investigated Hunter Biden and was later appointed as a special counsel during the Biden administration by Attorney General Merrick Garland.

While an impeachment inquiry by House Republicans that looked into the president and his son's business relationships fizzled, Trump, during the presidential campaign, hinted at continuing to investigate the younger Biden in his second term in the White House.

However, Trump will not be able to undo the pardon when he takes office. Additionally, the pardon's sweeping nature means the next Trump Justice Department would not be able to reopen the criminal probe against Hunter Biden.

However, Trump gains something arguably more valuable - political cover.

Trump was heavily criticized during his first term for using pardons to protect political aides and allies - including longtime fixer Roger Stone and 2016 campaign chairman Paul Manafort - and relatives, including his daughter's father-in-law, whom the president-elect named as his second term ambassador to France. 

Biden's pardon of his son now gives Trump a powerful rebuttal.

"Biden has endorsed this idea that the Department of Justice acts in a political way, and he's thrown out long-held precedent when it comes to pardons," Williams told Fox News.  "He's blowing up an institution and procedures, which is what Democrats have long criticized Trump for. They don't have any moral authority to say that Trump is undermining institutions and changing long-held procedures. That's what Joe Biden just did with this pardon."

The president-elect will be under pressure as he takes office next month to pardon many of those convicted of crimes in the Jan. 6, 2021 attack on the U.S. Capitol by Trump supporters aiming to upend congressional certification of Biden's 2020 election victory. Many of those convicted are still in prison.

HUNTER BIDEN SAYS HIS MISTAKES WERE EXPLOITED BY REPUBLICANS

Fox News legal editor Kerri Kupec Urbahn said that "Joe Biden has lowered the bar so much here in offering this pardon to Hunter Biden, that I think Donald Trump will be able to pardon a whole host of people including Jan. 6 [defendants]."

Trump, in a statement following Biden's move, raised expectations that he should issue pardons for some of those Jan. 6 convicts.

"Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?" Trump wrote in a social media post Sunday night. "Such an abuse and miscarriage of Justice!"

Biden's pardon came 24 hours after Trump announced he would nominate loyalist Kash Patel as FBI director. Patel, a controversial pick, has long amplified Trump's unproven claims the 2020 election was stolen and long vowed to clean house at the FBI.

The move by Biden may help Trump as he works to push the nomination of Patel and Pam Bondi - a former Florida attorney general and another Trump loyalist who the president-elect named as his second pick for attorney general - through the Senate.

Republican Sen. Tom Cotton of Arkansas, a leading Trump ally in the Senate, argued in a social media post that "Democrats can spare us the lectures about the rule of law when, say, President Trump nominates Pam Bondi and Kash Patel to clean up this corruption."

The Hunter Biden pardon may convince Republican senators who may have serious reservations regarding the Patel and Bondi picks to now back Trump.

"I do think it makes it more likely that some of these more traditional Republican senators will be p****d off enough to help Trump confirm some of his more controversial nominees," a Republican who works on Capitol Hill told Fox News, as he noted that "it's the most sweeping pardon since Richard Nixon" a half a century ago.

Trump endorses second GOP candidate in primary to replace pro-impeachment congressman

Former President Trump has endorsed a second GOP candidate in the primary for Washington’s 4th Congressional district in an effort to oust Rep. Dan Newhouse, who is one of ten Republicans who voted to impeach him in 2021 following the January 6 Capitol protests. 

Trump, in a post on Truth Social ahead of Tuesday’s vote, said, "Tiffany Smiley is a tremendous America First Candidate running to represent the Great People of Washington’s 4th Congressional District!" 

"Likewise, Jerrod Sessler, who I have Endorsed in the past, would be fantastic, fighting for the same things that Tiffany, and I, want for our Country," Trump continued. "They are both running against a weak and pathetic RINO, Dan Newhouse, who stupidly voted to impeach me for absolutely no reason, and he now strongly wishes he didn’t make that Decision. The other Impeachers are mostly all gone, a good thing for the U.S.A…." 

"Newhouse has to go, and Republicans need to unite behind a WINNER to ensure we have a tremendous Victory in November. Therefore, I give my Complete and Total Endorsement to both Tiffany Smiley and Jerrod Kessler – EITHER OF WHICH WILL DO A TREMENDOUS JOB, AND NEVER LET YOU DOWN!" he also said. 

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Trump described Smiley as a "Triage Nurse, Veterans Advocate, Army Wife, Loving Mother, and a Strong Supporter of our Movement to Make America Great Again," who "will be an INCREDIBLE Fighter in Congress who will work hard to Stop Inflation, Grow our Economy, Secure our Border, Strengthen our Incredible Military/Vets, and Defend our always under siege Second Amendment." 

Newhouse, who is seeking his sixth term in office, told KEPR in May that "[s]ome people are still very adamant in their opposition to me," following his vote to impeach Trump on Jan. 13, 2021,"but I gotta tell you, there are a lot of people that will come up to me and say, 'Hey Dan maybe I disagree with that one vote but I support you on all the other things you're doing, I'm beyond that.’" 

FLASHBACK: THESE ARE THE 10 REPUBLICANS WHO VOTED TO IMPEACH TRUMP 

"And that's a good thing because we have so many issues that we face as a nation," he added. 

Smiley told KEPR the same month that if elected, she will focus on preserving dams in the lower Snake River, keeping illegal drugs out of communities in the central part of Washington state, and boosting agriculture. 

"The party here in this district is so divided and it's confusing, so this district deserves true representation, a representative who really reflects who we are in this district," she said. 

Biden’s ‘privilege’ claims sound like arguments Trump officials made before getting thrown in jail: attorney

President Biden's assertion of executive privilege to prevent recordings of his interviews with special counsel Robert Hur from being released shares some similarities with former President Trump's attempts to use privilege while in the White House, according to one legal expert.

Though transcripts of Biden's interview with Hur have already been released to a committee, the White House asserted executive privilege to block the audio recordings from becoming public while arguing in lockstep with Attorney General Merrick Garland that "law enforcement files like these need to be protected."

"The same arguments were made during the Trump years as are being made now. It's just that the roles are reversed," former Assistant U.S. Attorney Andrew McCarthy told Fox News Digital

"For example, during the Mueller investigation, Trump made available Don McGahn, who was the White House counsel. They not only let Mueller interview McGahn at length, but McGahn took voluminous notes of his conversations with Trump, which they also turned over. And then Democrats wanted to subpoena McGahn to come to the House Judiciary Committee, and the Republicans fought it.

BIDEN'S PRIVILEGE CLAIM TO KEEP SPECIAL COUNSEL INTERVIEW UNDER WRAPS A 'CRUDE POLITICS' MOVE: EXPERTS

"What they said was giving information to an executive branch prosecutor doesn't waive the privilege as to Congress," he added. "The Democrats all said that this was an obstruction of justice, that it was outrageous, that he'd already waived the privilege by allowing McGhan to speak to the prosecutor."

Executive privilege has been around since the earliest days of the country and gives the executive branch the ability to withhold certain internal discussions and documents from scrutiny by the courts and the legislative branch. It allows the president some breathing room for his own deliberations with staff.

"The fact is that since the Republic started, presidents have been withholding information from Congress," McCarthy said.

Congress has a variety of tools it can use to pry information out of the executive branch, including by holding people in contempt. 

"Congress has a whole arsenal of stuff from the Constitution, powers that it can use to fight back and pry information out of the executive branch," McCarthy said. "You know, you can slash budgets or hold up appointments, and if it gets bad enough, you can start holding people in contempt. … The final option, obviously, is impeachment."

McCarthy warned, however, that if the president's party has enough influence in Congress, those efforts can be more challenging.

"If the president's party has enough sway in Congress that you can stop that arsenal from being used, then the whole thing is just a political calculation," he said. "Like for Biden here, it's how much worse would I be hurt by letting the tape come out or the recording come out than by stonewalling. It looks like the tape is so bad, he's decided that even though he's going to be damaged by stonewalling, that's better than letting the tape out."

McCarthy also highlighted how the media has reacted to Biden's assertion of executive privilege, saying they'll report on the matter in an attempt to preserve their integrity and then move on from it to "help Biden bury it."

"The usual problem that you always have here is that when Republican administrations stonewall, the media gets all whipped up about it, and when Democratic administrations stonewall, they feel like they have to cover it for a day or two so that they can say they covered it but then move on to another subject and help Biden bury it, or at least they'll try," he said.

Garland on Thursday defended Biden's decision to assert executive privilege, saying the subpoena for audio recordings "is one that would harm our ability in the future to successfully pursue sensitive investigations."

"There have been a series of unprecedented, frankly, unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk," he added.

"It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the President’s claim of executive privilege cannot be prosecuted for criminal contempt of Congress," Associate Attorney General Carlos Uriarte wrote in a letter Thursday to GOP Reps. Jim Jordan and James Comer, chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively.

That "longstanding position," however, was challenged following Trump's term in the White House and the Capitol protests Jan. 6, 2021. 

Two individuals who served in the Trump administration and raised executive privilege claims — former White House chief strategist Steve Bannon and former Trump adviser Peter Navarro – have been convicted of contempt of Congress and sentenced to serve jail time for their refusal to comply with subpoenas issued by the now-defunct House select committee investigating the Capitol protests.

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Bannon, 70, was sentenced to four months in prison in October 2022 and a $6,500 fine for ignoring a congressional subpoena.

Bannon's appeal was denied last week after the U.S. Court of Appeals for the D.C. Circuit released a 20-page opinion that said granting Bannon's appeal would "hamstring Congress’s investigatory authority."

Bannon claimed he acted on the advice of his legal team and did not intend to break the law. Judge Bradley Garcia wrote the acting on "advice of counsel" defense is "no defense at all."

The ruling will be appealed, Bannon's attorney, David Schoen, told Fox News Digital last week.

Schoen noted that Bannon's attorney at the time he received the subpoena, Robert Costello, advised his client that he was not permitted, as a matter of law, in any way to respond to the notice, saying executive privilege had been raised and that it was not his privilege to waive it. Costello wrote the committee to inform it that Bannon would comply if the panel worked out any privilege issues with former President Trump or if a court ordered him to comply, Schoen said.

Similarly, Navarro, who reported to prison in Miami in March following an order from the U.S. Supreme Court, was charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the events of Jan. 6.

Though Navarro is attempting to appeal his contempt of Congress conviction, the court refused to postpone his imprisonment until after the appeal is concluded.

Navarro claimed he could not cooperate with the committee investigating the Jan. 6 attack because Trump had invoked executive privilege, an argument that lower courts have rejected.

The lower courts found that Navarro could not actually prove Trump had invoked executive privilege.

Biden's decision to assert the privilege, according to White House press secretary Karine Jean-Pierre, came at the request of Garland. Jean-Pierre said it was Garland's suggestion that "law enforcement files like these need to be protected."

The House Judiciary Committee on Thursday advanced a resolution to hold Garland in contempt of Congress over the Justice Department’s failure to produce the subpoenaed audio recording of Biden’s interview with Hur. The vote advances the measure for a full floor vote.

Hur led the investigation into Biden's handling of classified documents after his departure as vice president under the Obama administration. Hur announced in February that he would not recommend criminal charges against Biden for possessing classified materials after his vice presidency, saying Biden is "a sympathetic, well-meaning, elderly man with a poor memory."

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Hur wrote in the report that "it would be difficult" to convince a jury to convict Biden of any willful crime, citing his advanced age. 

The findings sparked widespread outrage that Biden was effectively deemed too cognitively impaired to be charged with a crime but could serve as president. Trump has meanwhile slammed the disparity in charges as a reflection of a "sick and corrupt, two-tiered system of justice in our country."

Fox News' Chris Pandolfo, Elizabeth Elkind, Louis Casiano and Emma Colton contributed to this report.

The anti-Trump movement’s secret Zoom calls give their target ammo

At first glance, it might seem like inside baseball.

A bunch of former prosecutors and cable pundits talking to each other about how much they don’t like Donald Trump and how he’s in deep legal trouble? Doesn’t that happen every day in green rooms and the corner bar?

But this, as disclosed by Politico, is different. These are some of the most prominent commentators in the media universe, and they appear to be consulting/coordinating/conspiring about their main target.

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Even if that’s not the case, it looks awful.

It plays into the hands of conservatives who back Trump that the media are part of the resistance, determined to bring him down at all costs.

They can now say that it is a cabal, confirming all their darkest suspicions about the press determined to bring him down.

Every Friday, these media hotshots join in a secret, off-the-record Zoom call.

In a high-road description, the piece says the goal is to "intellectually stress-test the arguments facing Trump on his journey through the American legal system." But a beat later it says, "most are united by their dislike of Trump."

The origins of the group are telling, beginning during the Jan. 6 hearings, when committee staffers began briefing legal commentators on their work. I can think of classified military matters that haven’t remained secret as long.

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Who’s doing the zooming? Norman Eisen, an Obama administration official who worked with House Democrats on Trump’s first impeachment and is a CNN legal analyst, is the founder. 

He’s joined by Bill Kristol, a leader of the anti-Trump conservatives; longtime Harvard law professor Laurence Tribe; Watergate figure John Dean; and George Conway, ex-husband of Kellyanne, co-founder of the Lincoln Project and a fixture on MSNBC. 

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That’s just the beginning. There is MSNBC analyst Andrew Weissman, who investigated the fruitless Russian collusion accusations against Trump as a prosecutor for Bob Mueller; why would anyone doubt his objectivity?

There are CNN legal analysts Jeffrey Toobin, Elliott Williams and Karen Agnifilo, along with L.A. Times columnist Harry Litman. And there’s Mary McCord, a former DOJ official who co-hosts an MSNBC podcast. 

Sometimes there are guests, which is also revealing. After Trump was held liable in E. Jean Carroll’s first defamation and sexual assault suit, her attorney, Roberta Kaplan, addressed the group. And, says Politico, former conservative judge J. Michael Luttig, who spearheaded a campaign to kick Trump off state ballots under the 14th Amendment, was another guest. The Supreme Court rejected the anti-democratic move.

Despite efforts to rationalize this as a meeting-of-great-minds exercise, I’m not buying it. Even Politico concedes the calls could "breed groupthink" – what a shocking thought.

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And cable news drives plenty of other coverage, particularly when certain themes are constantly pounded.

All these folks are smart enough to think for themselves. Which makes it surprising that they lack the common sense to see how troubling the Zooming looks.

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."

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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.

Trump indicted on charges out of Special Counsel probe into Jan. 6

FIRST ON FOX: Former President Trump was indicted Tuesday on charges stemming from Special Counsel Jack Smith's investigation into the Capitol riot on Jan. 6, 2021.

Trump was indicted on four federal charges out of the probe, 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.

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.

This is the second time in U.S. history that a former president has faced 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."

"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 alleged that 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."

There are six unnamed co-conspirators in the indictment.

Reacing to the charges, a Trump campaign spokesperson told Fox News Digital 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 frontrunner, and leading by substantial margins."

TRUMP SAYS HE IS DOJ JAN. 6 GRAND JURY INVESTIGATION TARGET

"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 asked.

"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 said. "These un-American witch hunts will fail and President Trump will be re-elected to the White House so he can save our Country from the abuse, incompetence, and corruption that is running through the veins of our Country at levels never seen before."

The spokesperson added: "Three years ago we had strong borders, energy independence, no inflation, and a great economy. Today, we are a nation in decline. President Trump will not be deterred by disgraceful and unprecedented political targeting!"

The indictment comes after Trump had announced 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."

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

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.

DURHAM FINDS DOJ, FBI 'FAILED TO UPHOLD' MISSION OF 'STRICT FIDELITY TO THE LAW' IN TRUMP-RUSSIA PROBE

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

A special grand jury in Fulton County, Georgia, released portions of a report detailing findings from the investigation earlier this year, which indicated a majority of the grand jury believes one or more witnesses may have committed perjury in their testimony and recommends that prosecutors pursue indictments against them, if the district attorney finds the evidence compelling.

The special grand jury spent about seven months hearing testimony from witnesses, including high-profile Trump allies, such as attorney Rudy Giuliani and Sen. Lindsey Graham of South Carolina, and high-ranking Georgia officials, including Raffensperger and Gov. Brian Kemp.

This is a breaking news story. Please check back for updates.

Judge denies Jan. 6 defendant’s trial delay sought after McCarthy’s release of Capitol riot footage: report

A judge denied a request from a Jan. 6 defendant to push back the start of her trial to allow time to review about 44,000 hours of Capitol riot footage from House Speaker Kevin McCarthy.

U.S. District Court Judge James Boasberg acknowledged that the ask from defendant Sara Carpenter is "certainly not a frivolous request by any means," but said the defense failed to clarify why any additional footage would be exculpatory, Politico reported. Carpenter, a retired NYPD officer, is facing two felony charges over the Capitol riot.

Boasberg, who is soon to become Washington D.C.’s chief district court judge, also argued that delaying trials for Carpenter and other Jan. 6 defendants to allow time to review the Capitol and police surveillance footage from McCarthy's office could "derail dozens of trials that are set in the next few months." 

Prosecutors say they already provided Carpenter with an "overwhelming" amount of CCTV footage documenting her 34 minutes inside the Capitol building, leaving only "a matter of seconds" unaccounted for.

PROUD BOYS' DEFENSE PLANS TO SUBPOENA TRUMP TO TESTIFY IN JAN. 6 SEDITIOUS CONSPIRACY TRIAL 

They say they've been left in the dark as to what McCarthy's footage might add. 

"We don’t have what the speaker has," Assistant U.S. Attorney Christopher Cook said during Friday's hearing, according to Politico. "In any case, there’s always the possibility some information may be out there."

In 2021, Capitol police already shared some 14,000 hours of footage – including the hours of noon to 8 p.m. on Jan. 6 – to Trum House impeachment managers and two House committees investigating the riot that interrupted Congress certifying Joe Biden's presidential victory. 

In requesting a 60-day delay in the trial, Carpenter’s attorneys argued some of McCarthy's footage might help fill the "gaps" and provide more context to the defendant's actions inside the Capitol. 

WRAY RESPONDS TO FBI CRITIQUES OVER HUNTER LAPTOP, TRUMP RAID, JAN 6: WE'RE ‘ON THE AMERICAN PEOPLE’S SIDE'

Prosecutors are required to provide defendants with any potentially exculpatory evidence they might bring in the case, but limits exist when dealing with another agency, such as Capitol Police, which is an arm of Congress, or if the court deems the government has acted in good faith in turning over as much material as possible. 

The Justice Department, in bringing cases against more than 950 defendants in connection to Jan. 6, 2021, has already cited a massive cache of video evidence including from Capitol security cameras, police body cameras, journalists and demonstrators themselves, who recorded hundreds of hours worth of footage. 

The DOJ reportedly has not indicated whether it will attempt to review the footage from McCarthy's office.

Other Jan. 6 defendants, including Proud Boys on trial for seditious conspiracy, have questioned how the tens of thousands of hours of footage will affect their cases. 

Rep. Barry Loudermilk, the Republican chairman of the House Administration Committee’s oversight subpanel, has reportedly said the footage from McCarthy's office would also be made available to Jan. 6 defendants on a case-by-case basis to ensure they're afforded due process. 

House Dems tap Trump impeachment officials for panel on Biden admin’s ‘weaponization’ of FBI

Rep. Hakeem Jeffries tapped former President Donald Trump impeachment officials for the House Select Subcommittee on the Weaponization of the Federal Government.

Last pro-impeachment Republican faces almost certain defeat. How did the others fare in GOP primaries?

Ten GOP House members voted to impeach former President Trump, and many have lost their Republican primaries, with Rep. Liz Cheney facing voters Tuesday.