With former President Donald Trump saying that he’s been notified that a Washington-based grand jury is investigating him in relation to the Jan. 6, 2021, U.S. Capitol protest and breach, a commentator who’s been closely following Jan. 6-related trials is pointing to seditious conspiracy as a charge Mr. Trump likely will face.
Mr. Trump said he was informed of being the target late on July 16 through a letter from the office of Jack Smith, a special counsel appointed by Attorney General Merrick Garland to investigate Mr. Trump’s involvement in the January 6 incident as well as his retention of documents from his time in the White House.
“This witch hunt is all about election interference and a complete and total political weaponization of law enforcement!” Mr. Trump commented in a July 18 post on Truth Social, his social media platform.
He said he has been given four days to show up before the grand jury; it isn’t clear whether he is being invited to testify voluntarily or subpoenaed.
‘Tactical Move’
Prosecutors should first ask for a voluntary appearance before subpoenaing the target of a criminal investigation, according to the Department of Justice’s (DOJ) Justice Manual.
Also, lawyers usually discourage their clients from going before a grand jury if they are the target of the investigation—it can be avoided by invoking the right against self-incrimination under the Fifth Amendment, says Marc Ruskin, a former FBI agent and assistant U.S. attorney.
However, that may be Mr. Smith’s goal, according to Mr. Ruskin.
He noted that Mr. Trump is already facing indictments in New York and Florida and pleading the Fifth in Washington gives another talking point to his opponents.
“It could be a tactical and procedural move just to make him look bad,” he said.
“You have Trump, a former president who is running to be president again, pleading the Fifth. I guess from their point of view, it’s going to help make him less attractive as a candidate.”
By Petr Svab
