November 5, 2024
Former President Trump was indicted on charges stemming from Special Counsel Jack Smith's investigation into the Capitol riot on Jan. 6, 2021.

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, Fox News Digital has learned. 

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.

“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,” a Trump campaign spokesperson told Fox News Digital. “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?”

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

Former U.S. President Donald Trump

Former President Trump remains the frontrunner for the 2024 Republican nomination. (SUZANNE CORDEIRO/AFP via Getty Images)

“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

Protesters outside of the Capitol

Trump supporters occupy the West Front of the Capitol and the inauguration stands  on Wednesday, Jan. 6, 2021.  (Bill Clark/CQ-Roll Call, Inc via Getty Images)

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

capitol with trump supporters

Three men were arrested on charges alleging they clashed with police officers during the Jan. 6, 2021 Capitol riot. (Photo by Celal Gunes/Anadolu Agency via Getty Images)

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.

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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.