Capitol Riot

Trump informed he's a target of special counsel's 2020 election probe

Special counsel Jack Smith is investigating attempts by Trump and his allies to block the transfer of power to Democrat Joe Biden in the days leading up to the Jan. 6 riot at the U.S. Capitol

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Former President Donald Trump said Tuesday that he has received a letter informing him that he is a target of the Justice Department's investigation into efforts to undo the results of the 2020 presidential election, an indication that he could soon be indicted by federal prosecutors.

Trump made the claim in a post on his Truth Social platform, saying he received the target letter while with his family on Sunday night. Such a letter can precede an indictment and is used to advise individuals that prosecutors have evidence linking them to a crime; Trump received one ahead of being charged last month in a separate investigation into the mishandling of classified documents.

A spokesman for special counsel Jack Smith, whose office is leading the investigation, declined to comment.

Two sources familiar with the investigation confirmed to NBC News that Trump received the target letter from Smith.

The Justice Department defines a target as "a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." 

One purpose of the target letter is to advise a potential defendant that he or she has a right to appear before the grand jury. Trump said in his post that he has been given “a very short 4 days to report to the Grand Jury, which almost always means an Arrest and indictment,” but aides did not immediately respond to questions seeking clarity.

Legal experts have said potential charges could include conspiracy to defraud the United States and obstruction of an official proceeding, in this case Congress’ certification of President Joe Biden’s electoral victory.

New federal charges, on top of existing state and federal counts in New York and Florida and a separate election-interference investigation nearing conclusion in Georgia, would add to the list of legal problems for Trump as he pursues the 2024 Republican presidential nomination.

Smith's team has cast a broad net in its investigation into attempts by Trump and his allies to block the legitimate transfer of power to Democrat Joe Biden in the days leading up to the Jan. 6 riot at the U.S. Capitol, when Trump loyalists stormed the building in a bid to disrupt the certification of electoral votes in Congress. More than 1,000 people accused of participating in the riot have been charged.

Smith's probe has centered on a broad range of schemes from Trump and allies to keep him in power, including the use of slates of so-called fake electors in battleground states won by Biden and disputed by Trump.

Prosecutors have questioned multiple Trump administration officials before a grand jury in Washington, including former Vice President Mike Pence, who was repeatedly urged by Trump to shun his constitutional duty and block the counting of electoral votes on Jan. 6. They've also interviewed other Trump advisers, including former Trump lawyer Rudy Giuliani, as well as local election officials in states including Michigan and New Mexico who endured a pressure campaign from the then-president about overturning election results.

Trump has consistently denied wrongdoing and did so again in his Tuesday post, writing, "Under the United States Constitution, I have the right to protest an Election that I am fully convinced was Rigged and Stolen. just as the Democrats have done against me in 2016, and many others have done over the ages.”

The criminal referrals now go to the Department of Justice for consideration.

Trump remains the Republican party’s dominant frontrunner, despite indictments in New York arising from hush money payments during his 2016 campaign and in Florida, which seem to have had little impact on his standing in the crowded GOP field. The indictments also have helped his campaign raise millions of dollars from supporters, though he raised far less after the second than the first, raising questions about whether subsequent charges will have the same impact.

Meanwhile, Trump continued to campaign as usual. He traveled Tuesday to Iowa, where he criticized investigators and tried to make make light of his mounting legal woes as he spoke at a local GOP meeting and taped a town hall with Fox News host Sean Hannity.

Prosecutors in Georgia are conducting a separate investigation into efforts by Trump to reverse his election loss in that state, with the top prosecutor in Fulton County signaling that she expects to announce charging decisions next month.

In his post, Trump wrote that “they have now effectively indicted me three times.... with a probably fourth coming from Atlanta” and added in capital letters, “This witch hunt is all about election interference and a complete and total (political) weaponization of law enforcement!"

Trump was indicted last month on 37 felony counts accusing him of illegally retaining hundreds of classified documents at his Florida estate, Mar-a-Lago. He has pleaded not guilty. A pretrial conference in that case was set for Tuesday in Fort Pierce, Florida.

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Associated Press writer Jill Colvin in New York contributed to this report.

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