Win, lose or pardon; who are the players in Donald Trump’s latest indictment in the United States?

Special counsel Jack Smith, who led the January 6 enquiry, said: "The attack on our nation's capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment it was fuelled by lies." Smith in conclusion during his statement said he looks to seek a speedy trial, but that Trump currently “must be assumed innocent until proven guilty”

According to the BBC, the 45-page indictment lists six unnamed co-conspirators: four lawyers, a justice department official and a political consultant, with the court document accusing Trump of a "conspiracy to impair, obstruct, and defeat the federal government function through dishonesty, fraud and deceit".

Trump will be in a courtroom in the District of Columbia, with US District Judge Tanya S Chutkan set to oversee the arraignment - the third that Donald Trump will be involved in.

In true defiant fashion though, Trump has dismissed any wrongdoing on his part, with his campaign stating “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. These un-American witch hunts will fail."

Despite the litany of litigation that Trump has found himself in since losing (fairly) the 2020 US Presidential election, the popularity of the former president has only grown since his defiant stance again the Biden administration - leading political commentators to speculate if this doesn’t damage the reputation of Trump with his MAGA support base and the Republican Party, what will?

Who is Special Counsel Jack Smith?

Born in 1969, Jack Smith is a prominent American attorney with a distinguished legal career and a number of awards and accolades since he began his journey as a lawyer. He attended the State University of New York at Oneonta, where he graduated with a Bachelor of Arts in political science in 1991. Subsequently, Smith earned his Juris Doctor from Harvard Law School in 1994, graduating cum laude.

Smith's legal journey began as an assistant district attorney in the Manhattan District Attorney's office, where he focused on cases related to sex crimes and domestic violence. Later, he joined the United States Attorney's Office for the Eastern District of New York, where he gained recognition for prosecuting cases involving police brutality and serious crimes.

Throughout his career, Smith has been involved in international justice initiatives, serving as the investigation coordinator for the Office of the Prosecutor of the International Criminal Court in The Hague, Netherlands. He oversaw cases against government officials and militia members accused of war crimes and genocide.

Smith's impressive career also includes his role as the chief of the U.S. Department of Justice's Public Integrity Section, where he prosecuted corruption cases involving high-profile individuals, including government officials and representatives. Additionally, he served as an assistant U.S. attorney in the Middle District of Tennessee and acted as the chief prosecutor for the Kosovo Specialist Chambers, investigating war crimes in the Kosovo War.

As mentioned, Smith has received numerous awards and accolades, including the U.S. Department of Justice Director's Award, the U.S. Attorney General's Award for Distinguished Service

Who is US District Judge Tanya S Chutkan

Tanya S. Chutkan, born on August 3, 1962, is an esteemed U.S. District Judge known for her distinguished legal career and significant contributions to the District of Columbia federal court. She pursued her undergraduate studies at George Washington University, graduating in 1988, and then earned her Juris Doctor (J.D.) degree from the University of Pennsylvania Law School in 1991.

Following her legal education, Tanya Chutkan embarked on a diverse legal journey that included clerking for Judge Charles R. Richey of the U.S. District Court for the District of Columbia. She later became a partner at the prestigious law firm Boies Schiller Flexner LLP, where she specialized in white-collar criminal defence and complex civil litigation. She also served as an Assistant U.S. Attorney in the District of Columbia, gaining valuable experience in prosecuting criminal cases on behalf of the government.

In recognition of her outstanding legal acumen and dedication to the law, President Barack Obama nominated Tanya S. Chutkan to the position of U.S. District Judge for the District of Columbia on November 12, 2013. After a successful confirmation by the Senate on June 4, 2014, she assumed her judicial role on June 5, 2014

Can Donald Trump pardon himself if he wins the 2024 Presidential Election?

The question of whether U.S. presidents can pardon themselves is a subject of legal debate and has not been definitively resolved. The U.S. Constitution grants the President the power to grant pardons for federal offences under Article II, Section 2. However, the Constitution does not explicitly address whether a president can pardon themselves.

Some legal scholars argue that the principle of "no person should be a judge in their own case" would preclude a president from pardoning themselves. They believe that a self-pardon would violate the basic principle of separation of powers and the idea that no one is above the law.

On the other hand, proponents of the president's self-pardon power point out that the Constitution does not explicitly prohibit it. They argue that the broad grant of the pardon power to the president includes the ability to pardon themselves if they so choose.

To date, no U.S. president has ever attempted to pardon themselves, so there is no precedent on which to base a definitive ruling. However should Donald Trump win the 2024 President Election, we may see a definitive ruling yet.