Donald Trump’s defence strategy and how his legal team could challenge the January 6 charges
Donald Trump – who is seeking re-election in 2024 – has been charged with plotting to overturn his 2020 election defeat to US President Joe Biden.
How will Mr Trump counter the accusations – and what can we expect as the case moves forward?
The charges
Mr Trump faces three charges of conspiracy – one to defraud the United States, another to obstruct the January 6th certification of an official government proceeding and a third against the peoples’ right to vote and have that vote counted. A fourth charge relates to the obstruction of an official proceeding.
The 77-year-old denies any wrongdoing.
His campaign has called the latest allegations over the Washington DC insurrection – the third time in four months he has been criminally charged – “nothing more than the latest chapter” in what it described as a politically motivated “witch hunt”.
Prosecutors say Mr Trump pushed unproven fraud claims he knew were untrue, pressured state and federal officials – including Vice President Mike Pence – to alter the results and finally incited the Capitol assault in a bid to undermine US democracy and cling to power.
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‘Trump’s lies fuelled Capitol riot’
What will be Trump’s first line of defence?
Mr Trump’s legal team is characterising his 45-page indictment in the special counsel’s 2020 election interference investigation as an attack on the former president’s right to free speech.
His lawyers plan to argue he had a right under the First Amendment of the US Constitution to overturn the result.
Hours after the charges were revealed, Mr Trump’s attorney John Lauro accused the Justice Department of having “criminalised” the First Amendment – and asserted his client had relied on the advice of attorneys around him in 2020.
“What President Trump had was an actual opinion of counsel that his request to Vice President Pence was completely lawful and completely constitutional,” he told NBC’s Today Show.
“You’re entitled to believe and trust advice of counsel,” he said.
“You had one of the leading constitutional scholars in the US, John Eastman, say to President Trump, ‘This is a protocol that you can follow, it’s legal’.”
“That eliminates criminal intent,” Mr Lauro said, adding everything Mr Trump did “was to get at the truth”.
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The key question in latest Trump case
What does the First Amendment protect?
The First Amendment does indeed give wide berth for all manner of speech, and it’s well established that lying to the public isn’t itself a crime.
Special counsel Jack Smith and his team appear to have anticipated the First Amendment line of defence, conceding head-on in their indictment Mr Trump had the right to falsely claim that fraud had cost him the election and to legally challenge the results.
But they also said his conduct and that of his “co-conspirators” he’s alleged to have plotted with – who have not been named as they have not been charged with any crimes – went far beyond speech.
What do the experts say?
Experts say there’s little legal merit to the First Amendment claims, particularly given the breadth of steps taken by the ex-president and his allies which prosecutors say transformed mere speech into action in a failed bid to undo the election.
Those efforts, the indictment says, amounted to a disruption of a “bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election”.
“Saying a statement in isolation is one thing. But when you say it to another person and the two of you speak in a way and exchange information in a way that leads to action – that you want to take action to do something with that speech – then arguably it becomes unprotected,” said Mary Anne Franks, a law professor at George Washington University.
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Is Trump going to jail?
‘Trump believed his lies’
Mr Trump’s legal team has also suggested his defence may at least partly focus on the idea that he was acting in good faith because he genuinely believed his bogus election fraud claims.
But the indictment is careful to show how Mr Trump was repeatedly warned by people close to him that there was no truth to his claims.
Some of the comments detailed in the indictment suggest Mr Trump knew he had lost and that his actions were wrong.
Days before the riot he told Mr Pence he was “too honest” after the vice president said he didn’t have the authority to reject electoral votes, the indictment says.
“I can imagine that prosecutors will use that line over and over and over in the trial, in their opening statement and closing argument, to show that he really didn’t believe the things he was saying,” said Brandon Fox, a former federal prosecutor who now works as a defence attorney.
Mr Pence has spoken extensively about Mr Trump urging him to reject President Biden’s election victory in the days leading up to the deadly attack.
“President Trump is wrong. I had no right to overturn the election,” Mr Pence, who has often shied away from confronting his former boss, said in March.
“And his reckless words endangered my family and everyone at the Capitol that day, and I know history will hold Donald Trump accountable.”
Read more:
The case against Donald Trump
Of all the charges Trump faces, these are the most serious
Witnesses
Mr Pence – who is among those challenging Mr Trump for the 2024 Republican presidential nomination – could be a star witness in the trial, and Mr Lauro has said he expects him to testify.
“We expect that he will be a witness, but what he has said consistently is that he never thought that the president acted criminally,” he told CBS Mornings.
“Mr Pence is a lawyer. Not once did he say, ‘Mr Trump, what you’re asking me is criminal, don’t do that’.”
Another challenge for Mr Trump’s defence is many of the witnesses he would want to call to the stand to say they told him there was election fraud are co-conspirators who will likely be reluctant to testify.
“Typically in federal prosecutions, those unnamed co-conspirators are not that thrilled about testifying for the defence because they are worried about being charged in the future,” Mr Fox said.
Speedy trial?
Mr Smith said he would pursue a speedy trial, in his remarks after he detailed the charges against Mr Trump.
However, Mr Lauro has suggested he will seek to push the trial back to a later date and
“This is going to be one of the biggest cases in the history of the United States,” he told NPR, adding his legal team wants “enough time to study the documents, be able to interview witnesses and look at the evidence in its totality”.
Mr Lauro has called the potential timeline “absurd”, telling NBC’s Today programme Mr Smith “had three and a half years [to investigate]”.
“Why don’t we make it equal?”
“Gut-wrenching” CCTV footage which appears to show Sean Combs attacking singer Cassie in a Los Angeles hotel “has only further confirmed the disturbing and predatory behaviour” of the rapper, her lawyer has said.
The 54-year-old, whose homes in Los Angeles and Miami were raided by Homeland Security Investigations agents in March, has faced a series of public allegations of physical and sexual violence.
Footage obtained by CNN appears to show Combs – also known as P Diddy and Puff Daddy – wearing only a white towel as he punches and kicks Cassie in a Los Angeles hotel hallway on 5 March 2016.
The R&B singer, whose legal name is Cassandra Ventura, was his protege and girlfriend at the time.
Pics: CNN via AP
Read more: What is Sean Combs accused of and what has he said?
The footage also shows Combs shoving and dragging her across the floor, as well as throwing a vase in her direction.
It closely resembles the description of an incident at the now-closed InterContinental Hotel in Los Angeles described in a lawsuit filed by Cassie in November that alleged years of sexual abuse and other violence from Combs.
The case was settled the day after it was filed.
Sean Combs and Cassie in 2017. Pic: PA
Several more lawsuits were filed in the following months, along with a federal criminal sex-trafficking investigation that led authorities to raid Combs’ mansions in Los Angeles and Miami.
Representatives for Combs did not immediately comment on the video. He has previously denied the allegations in the lawsuits and his lawyers have said he denies any wrongdoing.
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P Diddy’s homes raided
Cassie’s lawyer said: “The gut-wrenching video has only further confirmed the disturbing and predatory behaviour of Mr Combs.
“Words cannot express the courage and fortitude that Ms Ventura has shown in coming forward to bring this to light.”
According to NBC News, Sky News’ US partner, if Cassie were to make a complaint the LAPD could investigate, but charges would likely be declined by the district attorney because California law has a one-year statute of limitations for assault and the alleged incident happened nearly eight years ago.
CNN did not say how it obtained the video, but noted it verified the location it was shot by comparing the footage to publicly available images of the InterContinental Hotel.
The man convicted of attacking then-US House speaker Nancy Pelosi’s husband with a hammer has been sentenced to 30 years in prison.
David DePape, 44, was found guilty last November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official.
Judge Jacqueline Scott Corley handed down the sentence of 30 years in prison after prosecutors asked for a 40-year prison term.
David DePape in 2013. Pic: Michael Short/San Francisco Chronicle via AP
DePape was given 20 years for one count and 30 years for another count, to run concurrently. He was also given credit for the 18 months he has been in custody.
DePape admitted during trial testimony he broke into the Pelosis’ San Francisco home on 28 October 2022 intending to hold Ms Pelosi hostage and “break her kneecaps” if she lied to him.
He also admitted bludgeoning Paul Pelosi with a hammer after police showed up, saying his plan to end what he viewed as government corruption was unravelling.
The attack on Mr Pelosi, who was 82 at the time, was captured on police body camera.
Defence lawyers argued DePape was motivated by his political beliefs, not because he wanted to interfere with Ms Pelosi’s official duties as a member of Congress, making the charges against him invalid.
One of his lawyers said during closing arguments that DePape was caught up in conspiracy theories.
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The attack happened at the couple’s San Francisco home in October 2022. Pic: AP
Plans to wear inflatable unicorn costume during interrogation
During the trial, the Canadian, who moved to the US more than 20 years ago, testified he believed news outlets repeatedly lied about former president Donald Trump.
DePape also told jurors he had planned to wear an inflatable unicorn costume and record his interrogation of the Democratic speaker, who was not at home at the time of the attack, to upload it online.
Prosecutors said he had rope and zip ties with him, and detectives found body cameras, a computer and a tablet.
‘A tremendous shock’
Mr Pelosi also testified at the trial, recalling how he was awakened by a large man bursting into the bedroom and asking: “Where’s Nancy?”
He said he responded that his wife was in Washington and DePape said he would tie him up while they waited for her.
“It was a tremendous sense of shock to recognise that somebody had broken into the house, and looking at him and looking at the hammer and the ties, I recognised that I was in serious danger, so I tried to stay as calm as possible,” Mr Pelosi told jurors.
State court charges
DePape is also charged in state court with assault with a deadly weapon, elder abuse, residential burglary and other felonies. Jury selection for that trial is expected to start on Wednesday.
Mr Pelosi suffered two head wounds in the attack, including a skull fracture. His right arm and hand were also injured.
World number one golfer Scottie Scheffler says he was “rattled” and “in shock” after he was arrested and charged by police this morning.
The 27-year-old reportedly tried to get around a traffic jam caused by a fatal accident near the Valhalla Golf Club in Louisville, Kentucky, at around 6am local time (11am UK time) on Friday.
He is due to appear in court on Tuesday after being charged with second-degree assault of a police officer, third-degree criminal mischief, reckless driving, and disregarding signals from officers directing traffic.
Scheffler was released at 8:40am local time (1:40pm UK time) and allowed to return to the golf course to play his second round of the PGA Championship, where he currently sits three shots off the lead.
Speaking to reporters after his round, Scheffler said: “It was a chaotic situation and a big misunderstanding. My head is still spinning.
“I spent some time warming up in a jail cell, which was a first for me.
“I was pretty rattled, to say the least… I was never angry, I was just in shock. I was shaking for about an hour.
“Coming out here and trying to play today was definitely a challenge, but I did my best to control my mind and control my breathing… just try to play golf.
“I knew there was going to be a lot of distractions… but to be honest, it was great having the fans behind me. I felt they were really glad to have me out here competing today.”
Police earlier released a mugshot taken of Scheffler while he was wearing an orange jailed-issued jumpsuit.
The fatal crash occurred this morning when a bus struck and killed a man as he was crossing the road near the front gate of the Valhalla Golf Club.
Scottie Scheffler tees off hours after being detained and handcuffed. Pic: AP
Tournament officials said they were “devastated” by the death of local man John Mills, who was working for an on-site vendor at Valhalla.
Scheffler, who was not involved in the accident, was allegedly trying to drive around the crash site when he failed to stop for a police officer.
An officer is then said to have grabbed on to Scheffler’s car.
The golfer drove around 10 to 20 yards before stopping his vehicle at the entrance to Valhalla, according to an ESPN reporter Jeff Darlington who was on the scene.
Darlington said: “At that point the police officer instructed Scheffler to get out of the car.
“He rolled down the window, the police officer grabbed his arm and started pulling at it. He reached inside, opened the car door, pulled Scheffler out, pushed him up against the car, immediately placed him in handcuffs.”
According to the police report, a detective stopped Scheffler’s car and “attempted to give instruction”.
The report continued: “Subject refused to comply and accelerated forward, dragging Detective Gillis to the ground. Detective Gillis suffered pain, swelling and abrasions to his left wrist and knees.
“He was transported to the hospital for further medical treatment by emergency medical personnel. Detective Gillis’ uniform pants, valued at approximately $80, were damaged beyond repair.”
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Scottie Scheffler was given a roar of support as he teed off in the second round. Pic: AP
In a statement, Scheffler’s attorney Steve Romines said the player was proceeding as directed by a traffic officer and is alleged to have disregarded signals from another officer “in the confusion”.
“Multiple eyewitnesses have confirmed that he did not do anything wrong but was simply proceeding as directed,” the statement added.
“He stopped immediately upon being directed to and never at any point assaulted any officer with his vehicle. We will litigate this matter as needed.”
Speaking after a second round, Scheffler expressed his sympathies to the family of Mr Mills.
“I can’t imagine what they’re going through this morning,” Scheffler said.
“My situation will get handled… I can’t get into what transpired… my heart goes out to the family.”
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