Donald Trump pleads 'not guilty' during arraignment in Jan. 6 case

Former President Donald Trump took a victory lap on TRUTH Social Thursday evening, hours after he pleaded not guilty to four federal charges relating to the 2020 election and protests at the Capitol on January 6, 2021.

"It was a very good day!" the former president wrote in an all-caps message, after he plead not guilty to four counts: obstruction of an official proceeding, conspiracy to obstruct an official proceeding, conspiracy to defraud the U.S. and conspiracy to prevent others from carrying out their constitutional rights.

In the post, Trump said he had to fly to Washington, D.C., which he described as "filthy, dirty, falling apart, & very unsafe."

Trump, also the frontrunner for the 2024 Republican nomination, said he was arrested by his "political opponent."

Thursday's indictment, which was brought by Special Counsel Jack Smith, said Trump illegally tried to subvert the election results and block the peaceful transfer of power following his loss in November 2020.

Alina Habba, a lawyer for former President Donald Trump, speaks after Trump arrived outside the E. Barrett Prettyman U.S. Court House on August 3, 2023 in Washington, DC.

Alina Habba, a lawyer for former President Donald Trump, alleged Thursday that the Trump indictment and the ongoing investigation of Hunter Biden shared an intentionally intertwined schedule, highlighting several times the Department of Justice announced charges or updates around the same time as a major discovery into Biden was announced. 

“On March 17th, Hunter accidentally admits that it was his laptop from hell. The next day, [Manhattan District Attorney] Alvin Bragg indicts President Trump,” Habba said outside the E. Barrett Prettyman U.S. Court House.

She added: “June 8th, an FBI document is released showing that Ukrainians paid the Biden crime family millions and millions of dollars. The next day, the Mar-a-Lago raid and the Mar-a-Lago indictment.”

“Last week, Hunter Biden’s sweetheart plea deal fell through when the judge realized it had blanket immunity. The following day, a superseding indictment against Donald Trump,” Habba also said.

And, “July 31st, Devon Archer goes to testify in front of the House. What happens the next day? The January 6th indictment that we’re here for today." 

Habba then described the four federal charges against Trump, also the frontrunner for the 2024 Republican nomination, as “election interference.” 

“This is election interference at its finest against the leading candidate right now for president for either party,” Habba said Thursday.

She added: “President Trump is under siege in a way that we have never seen before."

Trump and his attorneys would “continue to fight. Not for him, but for the American people,” Habba said.

On Thursday, Trump pleaded not guilty to all four federal charges stemming from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot of Jan. 6, 2021.

Rep. Brendan Boyle, D-Penn., swiped Attorney General Merrick Garland Thursday as "weak" and "feckless" on X, the social media platform formerly known as Twitter.

In the post, Boyle also credited former House Speaker Nancy Pelosi with Donald Trump's indictment as she created the House Select Committee to Investigate the January 6th Attack on the United States Capitol.

"Thank you Speaker Pelosi for creating the House Jan 6 Committee," Boyle wrote. "If it were just up to the weak and feckless Merrick Garland and Lisa Monaco then today would have never happened. 

The Democrat also named two Republicans who joined the Jan. 6 Committee in speaking out against Trump: "Finally, thank you Liz Cheney and Adam Kinzinger. You will be remembered well in American history."

Neither Republican is still in office.

Trump attorney Jesse Binnall broke down former President Donald Trump's legal strategy on “Jesse Watters Primetime,” as the former president faces four federal charges in Special Counsel Jack Smith’s January 6 case.

Binnall said Thursday the “case should never make it to trial,” as Smith was “wrong” about several key aspects.

“The legal strategy in this case is very simple, you attack the facts in this case that Jack Smith put out that are wrong,” the attorney told Watters. “For instance, Jack Smith claiming that Donald Trump did anything other call for peace and patriotism is wrong.”

Binnall added: “Then you attack the law cause Jack Smith has the entire law in this case wrong. More importantly, he’s ignoring the Constitution of the United States. The First Amendment gives you the right to speech.”

“This case should never make it to trial,” he concluded.

On Thursday, Trump pleaded not guilty to all four charges. Binnall is not on Trump’s trial team. 

Fox News correspondent David Spunt shared on “Special Report” what people can expect from the investigation and trial of former President Donald Trump, following his indictment Thursday. 

Trump pleaded not guilty in federal court in Washington, D.C., to all four federal charges stemming from Special Counsel Jack Smith’s investigation into his alleged 2020 election interference and the Capitol riot of Jan. 6, 2021.

The former president then left the courthouse for the airport, where he then flew to Bedminster, New Jersey. 

The case will now go before U.S. District Judge Tanya S. Chutkan, a 2014 appointee of former President Barack Obama. She will handle future motions and set a trial date. 

The eventual date will undoubtedly be consequential to the 2024 presidential election, as Trump remains the clear frontrunner in a Republican primary race that includes Vice President Mike Pence, Florida Gov. Ron DeSantis, former South Carolina Gov. Nikki Haley and others.

Both sides have already signaled differences in their preferred date for the trial as Smith’s team wants it held before the November 2024 election, while Trump’s defense attorneys have said they will seek a delay until after the election. 

Trump faces up to 55 years in prison if convicted on all counts. 

The next court hearing in the case is scheduled for Monday, Aug. 28. Trump does not have to be present. 

MSNBC host Al Sharpton commented Thursday on Special Counsel Jack Smith’s indictment of Donald Trump and urged people to imagine reading about the news in history books years later.

“One day, our children’s children will read American history and can you imagine our reading that James Madison or Thomas Jefferson tried to overthrow the government so they can stay in power? That’s what we’re looking at,” Sharpton told the “Morning Joe” panel. “How it’s going to play out is going to be very important.”

“The sad part about this to me is that this is not a man that is facing all this because he believed in a political position or political policy or cause. I’ve seen people go down the wrong side for a cause,” Sharpton continued. “This is all about him.” 

Special Counsel Smith brought four charges against Trump, all stemming from Smith’s investigation into 2020 election interference and the Capitol protests of Jan. 6, 2021.

On Thursday, Trump pleaded not guilty in federal court in Washington, D.C., to all four federal charges.

Fox News contributor Newt Gingrich reacted to the testimony of Devon Archer, the former business partner of Hunter Biden, who argued the younger Biden sold access to his father, then-Vice President of the United States, to foreign entities.

“All these things keep building week after week,” Gingrich said on "America's Newsroom" after the testimony of Archer's recorded transcript was released. “I understand the Democrats have to play defense and they have to pretend they don't understand it but to any normal person, this story is not complicated.”

Speaking of Hunter Biden, Gingrich continued: “You had a guy that had no skills, no professional ability who is making money in Kazakhstan, Romania, Ukraine, Russia and China.”

Gingrich then said if Hunter had any other last name “then he wouldn’t have made a dime.” 

“The fact is, he was playing off of his father and we now know, despite Joe Biden’s lies, that [the elder] Biden was part of the game,” Gingrich said, noting the DOJ has shown preferential treatment to the Obama, Clinton and Biden families.

He also contrasted Biden's situation with Donald Trump's legal indictments: "This is so blatantly, disgustingly political that it has no business being in the Department of Justice."

Mollie Hemingway, the editor-in-chief of the Federalist, said during a segment on “Special Report” Thursday that voters are “unhappy” with how President Biden’s Department of Justice continues to pursue criminal charges against former President Donald Trump, especially given its track record over recent years.

Hemingway recalled the DOJ pursued the “Russian collusion” narrative for three years between 2016 and 2019 — which ultimately found Trump did not collude with Russia to win the presidency. The DOJ also mostly ignored the Biden family’s business dealings before the presidential election in 2020, she explained.

“They colluded with Big Tech companies to keep that information from coming to light for a lot of Americans,” she said. “And now, is involved in prosecuting the former president in a really novel way and a lot of the country recognizes this as a major problem.”

“It’s not just Republican voters who are concerned with the weaponization of our Department of Justice and law enforcement on behalf of the current ruling party but a lot of Independents and moderates are probably very unhappy to see what’s happened to the rule of law in this country as well.”

In addition to Trump, the DOJ has gone after parents at school board meetings and pro-lifers, Hemingway noted.

Fox News contributor Josh Kraushaar and Wall Street Journal editorial board member Kim Strassel joined the panel to discuss Trump’s legal troubles ahead of the 2024 election.

Special Prosecutor Jack Smith addresses reporters after his grand jury has issued more indictments of former President Donald Trump in Washington, DC. (Photo by Bill O'Leary/The Washington Post via Getty Images)

A CBS News panel fawned over Special Counsel Jack Smith's rigorous fitness routine and how it allegedly "correlates" to his indictments of former President Trump.

During the network's coverage of Trump's DC arraignment on the Jan. 6 charges, CBS anchor Norah O'Donnell paused to put a spotlight at the former president's courtroom rival.

"I want to spend a moment on Jack Smith because he is essentially who Donald Trump is up against. And multiple of these indictments -- the two, of course, the classified documents and January 6 the one, they’re sitting across from each other inside this courtroom," O'Donnell said. "Jack Smith is somebody who has run and has competed in over 100 triathlons. He was reportedly at one point hit when he was on his bike by a truck and 10 weeks later, he ran another triathlon."

She continued, "This is a man of a lot of grit and a lot of determination. And even what we have seen in these indictments is just a sliver of what they know and what his prosecutorial team knows, right?"

Legal expert and Fox News contributor Andy McCarthy said Thursday that Special Counsel Jack Smith would ultimately regret his "tactical move" of indicting former President Donald Trump on the classified documents case in Florida before Thursday's indictment related to Jan. 6 and the 2020 presidential election.

McCarthy argued the order of the indictment's gave Trump the ability to argue in the D.C. court that Smith "undermined" his "due process right to prepare a defense" by choosing to indict him in another district and persuading the judge in the classified documents case to bring the trial forward in May 2024.

"He has made himself a kind of minefield in terms of doing that," he added.

Former White House press secretary and Fox News contributor Ari Fleischer warned Thursday that former President Donald Trump could face trouble in the presidential general election over the federal criminal charges he faces related to Jan. 6 and efforts to overturn the 2020 presidential election.

Fleischer conceded that the three indictments Trump has now faced would help him in the Republican primary, but that things would be different come next fall.

"I do think all this hurts Donald Trump in a general election, particularly with a group that Republicans have struggled with recently, which is college educated suburban voters," Fleischer said.

"Primary, I think this fortifies him; general, I think this could potentially hurt him, yes," Fleischer added.

House Republican Conference Chair Rep. Elise Stefanik (R-NY) speaks to reporters during a news conference after the passage of the National Defense Authorization Act (NDAA) at the U.S. Capitol Building on July 14, 2023 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

Former President Donald Trump’s allies are painting his Thursday arraignment as an attempt by President Biden to crush his political rival ahead of the 2024 election and distract from bribery allegations against his own family.

Trump pleaded "not guilty" to four federal counts stemming from alleged efforts to overturn his 2020 loss to Biden. It’s his second federal indictment and third criminal indictment in the span of less than five months. 

His Republican allies in Congress have continued to stick by him, however. GOP Conference Chair Elise Stefanik, the No. 3 leader in the House, echoed Trump’s repeated insistence that investigations into his conduct are "witch hunts."

"The unconstitutional and unprecedented arrest of President Donald J. Trump is truly a chilling chapter in Joe Biden’s weaponization of the Department of Justice against his leading political opponent who is beating Biden in many independent polls. President Trump had every right under the First Amendment to correctly raise concerns about election integrity in 2020," Stefanik said. 

Rep. Nancy Pelosi (D-CA) speaks at a press conference on the reintroduction of the Freedom to Vote Act, outside the U.S. Capitol Building on July 20, 2023 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

Former House Speaker Nancy Pelosi on Thursday credited the House Select Committee to Investigate the January 6 Attack on the United States Capitol for laying "the foundation" to Special Counsel Jack Smith's indictment of former President Trump.

"The courageous Members of the Select Committee to Investigate the January 6th Attack knew the evidence and they knew the law," Pelosi said in a tweet Thursday.

"The Committee’s patriotic work laid the foundation to this historic moment. No one is above the law – not even a former President of the United States," she said.

The 45th president pleaded not guilty to charges related to his alleged role in the Capitol riot during his arraignment proceedings in federal court in Washington, D.C., on Thursday.

Asa Hutchinson, former governor of Arkansas, speaks at the Republican Party Of Iowa's annual Lincoln Dinner in Des Moines, Iowa, US, on Friday, July 28, 2023. (Rachel Mummey/Bloomberg via Getty Images)

Republican presidential candidate and former Arkansas Gov. Asa Hutchinson reacted to former President Donald Trump's Thursday arraignment in a Washington, D.C. federal court by accusing him of trying to "hoodwink" his supporters "again."

"Today’s arraignment of [Donald Trump] is a sad day for the Party of Lincoln & Reagan," Hutchinson wrote on Twitter. "He hoodwinked his supporters on [January 6th] & he is trying to do it again."

"The GOP needs a course correction. I plan to offer one on the debate stage. Help me qualify," he added in an attempt to secure donations for his long-shot presidential bid.

Former President Donald Trump boards his plane at Reagan National Airport following an arraignment in Washington, D.C. federal court on August 3, 2023 in Arlington, Virginia. (Photo by Win McNamee/Getty Images)

Donald Trump's rivals for the 2024 Republican presidential nomination were split on how to read his indictment Thursday in a Washington, D.C. courtroom, as one saying the former president's actions invited his legal woes, and another said the legal system has been politicized.

Trump pleaded not guilty Thursday to four felony counts related to the Jan. 6, 2021 storming of the U.S. Capitol, including conspiracy to defraud the nation, brought by Justice Department Special Counsel Jack Smith.

While Trump has accused the Biden administration of orchestrating a witch hunt against him, GOP candidate Will Hurd told Fox News Digital just ahead of the arraignment, "This is not about the weaponization of the government."

"This is not about individuals in Washington, D.C., that serve on a grand jury," said Hurd, a former CIA spy and member of the House Texas delegation. "This is about a former president who lost an election and tried to use everything within his power to overturn that election, failed, and now he’s trying to stay out of prison."

On the opposite end of the spectrum was multimillionaire biotech entrepreneur, best-selling author and culture wars crusader Vivek Ramaswamy, who charged that Trump's indictment was the "politicized persecution of political opponents."

"I wanted to make a point to say we the public deserve to know what did [Attorney General] Merrick Garland tell Jack Smith? What did [President] Joe Biden tell Merrick Garland? Just tell us. Be transparent with the public," Ramaswamy told Fox News Digital. "And I think, right now, we live in a time when we feel like the government suppresses the truth."

A seemingly casual greeting to the former president of the United States set social media abuzz Thursday when a judge presiding over the arraignment for former President Donald Trump referred to him as "Mr. Trump."

Trump pleaded not guilty in federal court in Washington, D.C., to all four federal charges stemming from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot of Jan. 6, 2021.

U.S. Magistrate Judge Moxila Upadhaya presided over Thursday's proceedings, and reporters and onlookers highlighted how she referred to the former president as "Mr. Trump."

The greeting sparked speculation whether Trump would be stung by the lack of presidential reference.

"If there is one thing I know Trump loves that he's called Mr. President now," ABC Executive Editorial Producer John Santucci tweeted.

"No mention of Donald Trump being former president. No special treatment. Treating him as just another man in a Courtroom. This is the rule of law at its best," Democratic commentator Victor Shi said.

Rep. Jim Jordan, R-Ohio, argued Thursday that Trump's latest indictment only "strengthens," "expands," and "hardens" his support for the former president going into the 2024 election.

Jordan touted a recent New York Times poll showing Trump tied with President Biden in a hypothetical general election matchup, and said Americans living in "flyover country" were "sick" of the elitist behavior coming from those targeting Trump in these indictments.

He went on to discuss the ongoing investigations into the Biden family finances and alleged involvement in an international bribery scheme.

Harvard Law professor emeritus Alan Dershowitz argued Thursday that former Attorney General Bill Barr is "dead wrong" in his assessment of the latest Trump indictment, and said prosecutors will have to prove the former president knew and believed he lost the 2020 presidential election to prevail.

Dershowitz joined "The Brian Kilmeade Show" on Thursday to discuss his previous legal predictions and why the Justice Department could be facing an uphill battle in proving Trump's alleged guilt in connection with the Jan. 6 charges.

"I like Bill Barr. He's a good man, but I think he's just dead wrong about that," Dershowitz said. "Of course, this is a free speech case. Everything involves his exercise of free speech and not only First Amendment free speech, but also the First Amendment right to petition the government for redress of grievances."

"The way you protest an election is to come up with an alternate slate of electors. That was done in 1960. That was the Tilden Hayes election. That's been done throughout history. And a court in Hawaii said that's the right way to do it," he added.

Republican presidential candidate Will Hurd, a frequent critic of former President Donald Trump, said Thursday that the latter's latest arraignment was "something that was preventable."

Speaking with Fox News Digital on the campaign trail in New Hampshire, Hurd said the charges brought against Trump were "not about the weaponization of the government," but rather about Trump "trying to stay out of prison."

"This... didn't have to happen if he would have been like every other president and accepted the election he wouldn't be in this position," Hurd said.

When asked about Trump's continued front-runner status, Hurd noted the first primary contests were "weeks away," and pushed back on any notion the race was already decided for Trump.

Scott Walker, former governor of Wisconsin, speaks during the Conservative Political Action Conference (CPAC) in Dallas, Texas, U.S., on Saturday, July 10, 2021. (Dylan Hollingsworth/Bloomberg via Getty Images)

Former Wisconsin Republican Gov. Scott Walker said Wednesday that if former President Donald Trump is guilty of inciting the Jan. 6, 2021 Capitol riot, then Senate Majority Leader Chuck Schumer, D-N.Y., and Sen. Bernie Sanders, I-Vt., should be held accountable for other violent incidents.

Walker discussed the federal indictment against Trump on "The Julie Mason Show" on SiriusXM radio. He argued that GOP primary voters will rally around the besieged former president because they think the charges are political and unfair.

"I think there’s a sense when they feel like someone’s being attacked, there’s a sense in the family of circling around that person and trying to protect them, and I think that’s a little bit of it here," Walker said.

"People think, ‘Well, if these sorts of things are worthy of indictment, why aren't they indicting Bernie Sanders for inciting violence against Steve Scalise and the other Republicans at the baseball practice or Chuck Schumer for the things he said about Supreme Court justices?’" Walker continued. "And then people ended up in violation of federal law in front of their house."

Republican presidential candidate former U.N. Ambassador Nikki Haley speaks to guests during a campaign stop at Wildwood Smokehouse on July 29, 2023 in Iowa City, Iowa. (Photo by Scott Olson/Getty Images)

Republican presidential candidate Nikki Haley reacted to the most recent indictments filed against former President Donald Trump on a New Hampshire radio show on Thursday.

Haley, speaking on the Pulse of NH-News Talk radio network, said she intentionally refrained from publishing a statement about the indictments following their announcement because she was tired of the spectacle.

"Unlike the other candidates, I didn't rush out with a statement yesterday on Trump's indictment for one simple reason — like most Americans, I'm tired of commenting on every Trump drama. I've lost track of whether this indictment is the third or fourth or the fifth," Haley said on the "Good Morning New Hampshire with Jack Heath" radio show.

Haley cited other national security and economic issues as more important focuses for her attention rather than the ongoing legal drama.

She continued, "We should be focusing on how to stop China. We should be focusing on how to close the border. We need to be reversing Bidenomics. Putting a 77-year-old former president in prison doesn’t do any of that. We’ve got to move on already."

Former US President and 2024 hopeful Donald Trump arrives to Ronald Reagan Washington National Airport in Arlington, Virginia, on August 3, 2023, after his arraignment in court. (Photo by OLIVIER DOULIERY/AFP via Getty Images)

Former President Donald Trump spoke with the media on the tarmac of Ronald Reagan Washington International Airport following his Thursday arraignment on charges related to Jan. 6 and the 2020 election.

"This is a very sad day for America," said Trump, who pleaded not guilty. "And it was also very sad driving through Washington, D.C. and seeing the filth, and the decay, and all of the broken buildings and walls and the graffiti. This is not the place that I left. It's a a very sad thing to see it."

"When you look at what's happening, this is a persecution of a political opponent. This was never supposed to happen in America. This is the persecution of the person that's leading by very, very substantial numbers in the Republican primary and leading Biden by a lot. So, if you can't beat them, you persecute them or you prosecute them. We can't let this happen in America," he added.

Trump is heading back to his Bedminster, New Jersey resort.

John Bolton

Special Counsel Jack Smith has built a “strong case” against former President Donald Trump, his own ex-National Security Advisor said just after he entered a Washington, DC courthouse for his arraignment.

However, he warned that Trump’s political fate likely hinges on the outcome – and said a “not guilty” verdict would be “devastating.”

“I think this indictment lays out a pretty strong case,” Bolton said on CNN. “I think it was right to bring the [classified] documents case, I think it's important to have both of these cases brought to trial before the election, as far in advance of the election as possible. But I want to underline what we're doing. I think it's the right thing to do, but it is a modified form of Russian roulette.”

Bolton is one of several former Trump officials to have turned against the former president after Jan. 6.He explained, “If Trump is convicted in one or both of the federal cases, I think that will turn things upside down. I think he could be denied the Republican nomination. He'd certainly lose the election.”

“But the risk is real… the impeachment efforts against Trump failed twice to convict him, and what it what was the consequence of the failure? Emboldening and empowering Trump. Acquittals here would be even more devastating.”

Former President Donald Trump pleaded "not guilty" on Thursday to four federal charges stemming from Special Counsel Jack Smith's investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Trump traveled from his resort in Bedminster, N.J., Thursday to Washington D.C. His first court appearance took place at the U.S. District Court for the District of Columbia. 

U.S. District Judge Tanya Chutkan presided over the proceedings. Chutkan, a former assistant public defender before her appointment to the bench by President Barack Obama, has handled several cases involving individuals who entered the Capitol on January 6. 

A lawyer for former President Donald Trump claimed that the three indictments against him amount to “election interference.”

Speaking to reporters outside of the Washington, DC courthouse on Thursday afternoon, Alina Habba repeated suggestions by several Trump allies that the timing of his indictments were made to distract from negative media attention on the Biden family.

“This is not a coincidence. This is election interference at its finest against the leading candidate right now for president for either party,” Habba said. “President Trump is under siege in a way that we have never seen before. President Trump and his legal team and everyone on his team will continue to fight. Not for him, but for the American people.”

She would not say directly whether she thought the case should move forward before or after the next presidential election, but said, “I think that every court needs to look at this as a whole.”

“It's not about the Jan. 6 case. It's about the fact that in the matter of a couple of months, we have seen them try and tie up – and me as an attorney, I've never seen this – tie up one individual… who's running a campaign, in a campaign, running for office for president, so that he is in court in depositions and distract him so that he won't properly run for 2024. And frankly, it's not going to work,” Habba said.

Former US President and 2024 hopeful Donald Trump disembarks his plane "Trump Force One" on arrival at Ronald Reagan Washington National Airport in Arlington, Virginia, on August 3, 2023. (Photo by OLIVIER DOULIERY/AFP via Getty Images)

Former President Donald Trump will plead "not guilty" on Thursday to four federal charges stemming from Special Counsel Jack Smith's investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Trump traveled from his resort in Bedminster, N.J., Thursday to Washington D.C. His first court appearance took place at the U.S. District Court for the District of Columbia. 

U.S. District Judge Tanya Chutkan presided over the proceedings. Chutkan, a former assistant public defender before her appointment to the bench by President Barack Obama, has handled several cases involving individuals who entered the Capitol on January 6. 

Rep. Ro Khanna (D-CA) speaks during a news conference on Medicare Advantage plans in front of the U.S. Capitol on July 25, 2023 in Washington, DC. ( Alex Wong/Getty Images)

Rep. Ro Khanna, D-Calif., praised “the rule of law” on Thursday just before former President Donald Trump arrived at a Washington, DC courthouse for his arraignment on charges related to the 2020 election.

“The reality is that there was an elaborate plot that the Trump administration had to try to overturn a legitimate election, and we in this country need to hold election sacred,” Khanna said in a video for The Hill.

“We can’t have politicians, after the fact, trying to nullify what the voters say. And so I’m glad that the rule of law will be upheld.”

The top two Congressional Democrats previous said that Tuesday’s charges were the gravest brought against Trump so far.

“The third indictment of Mr. Trump illustrates in shocking detail that the violence of that day was the culmination of a months-long criminal plot led by the former president to defy democracy and overturn the will of the American people,” Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries said. “This indictment is the most serious and most consequential thus far and will stand as a stark reminder to generations of Americans that no one, including a president of the United States, is above the law.

Supporters of former President Donald Trump rally outside of federal court in Washington D.C. on Thursday, August 3, 2023. The former president and current 2024 GOP presidential primary frontrunner is scheduled to be arraigned in court later today on four federal charges relating to Special Council Jack Smith’s investigation into the Capitol riot on January 6, 2021 and 2020 election interference. (The Image Direct for Fox News Digital)

Protesters gathered outside the Washington, D.C. federal courthouse as former President Donald Trump was scheduled to be arraigned Thursday afternoon.

Trump is facing charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

He was already charged in a previous federal indictment stemming from Smith's investigation, and has pleaded not guilty to 37 counts relating to his alleged improper retention of classified records.

Eric Lamar, who was outside the courthouse protesting Trump, told Fox News Digital that the former president "for the first time he will be held accountable for his criminal acts before and during January 6."

Another person told Fox News Digital that he has been to every arraignment for the former president and predicts that his support will only increase.

Former Vice President Mike Pence

Former Vice President Mike Pence has started fundraising off of his former running mate’s latest indictment.

The top of Pence’s 2024 campaign online store advertises hats and shirts with the words “Too Honest” across the front, a reference to revelations in the 45-page indictment that alleges former President Trump tried to overturn his 2020 loss. Both the baseball cap and t-shirt are selling for $30 each, according to the site.

A section of that indictment describes a call between Trump and Pence on New Year’s Day in 2021, when Pence rejected the legal theory that he as vice president had the authority to reject or return certain states’ electoral college ballots.

“You’re too honest,” Trump told Pence according to the indictment. Pence also recalled the exchange in his memoir, “So Help Me God,” released last November.

Pence sharply criticized Trump after the indictment came down on Tuesday. “Today's indictment serves as an important reminder: Anyone who puts himself over the Constitution should never be president of the United States,” he said in a statement posted online.

Police patrol outside the E. Barrett Prettyman US Courthouse in Washington, DC, on August 3, 2023, ahead of the arraignment of former US President Donald Trump. Trump will appear in court on Thursday to answer charges of conspiring to overturn the 2020 election, a case set to cast a dark and volatile cloud over the 2024 White House race for which he remains the presumptive Republican nominee. (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)

Former President Donald Trump lashed out against his arrest Thursday as he traveled to Washington, D.C., to appear in federal court.

Trump, who faces a federal grand jury indictment for allegedly attempting to overturn the 2020 presidential election, took to Truth Social to call both the venue and the judge overseeing his case "UNFAIR."

"Biden and his family steal Millions and Millions of Dollars, including BRIBES from foreign countries, and I’m headed to D.C. to be ARRESTED for protesting a CROOKED ELECTION," Trump wrote. "UNFAIR VENUE, UNFAIR JUDGE. We are a Nation in Decline. MAGA!!!"

The judge assigned to Trump's case, U.S. District Judge Tanya Chutkan, has a reputation for being tough on Jan. 6 riot defendants.

The Associated Press called her the "toughest punisher" and reported that she has "consistently taken the hardest line against Jan. 6 defendants of any judge serving on Washington’s federal trial court." The Justice Department has brought more than 800 cases so far, marking the largest prosecution in the department's history.

In seven cases, Chutkan even handed out tougher sentences than what DOJ was seeking. She matched the prosecution's requests in four others and sent all 11 riot defendants who have come before her behind bars, the outlet notes.

In four cases in which DOJ did not seek jail time, Chutkan gave prison sentences ranging from 14 days to 45 days.

Fox News' Brianna Herlihy contributed to this report.

Sen. Lindsey Graham, R-S.C., described the "night and day" difference in how the Justice Department and FBI have handled former President Trump's legal cases versus Hunter Biden's. He told Sean Hannity that Americans have a "right to be mad" about the double standard, adding "there are no rules" when it comes to going after Trump.

"It's night and day. So Hunter Biden gets a plea deal that nobody in your audience would get. Millions of dollars of unpaid taxes, he's not going to jail, illegal possession of a gun, he gets a diversion opportunity never to go to jail. Hidden in the plea deal is a promise never to prosecute based on all the financial dealings you've been talking about," Graham said.

"When it comes to Donald Trump, they make up lies. They push to a court, a dossier that's absolutely Russian disinformation. They manipulate the stream of evidence, and nothing happens. So if you're sitting at home and you're mad, you have a right to be mad. When it comes to Donald Trump, there are no rules. Destroy him, destroy his family. When it comes to Hunter Biden and Joe Biden, they get away with almost everything. If you want to change that, we better win in 2024."

WASHINGTON, DC - JUNE 23: Republican presidential candidate and former Governor of New Jersey Chris Christie delivers remarks at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 23, 2023 in Washington, DC. Former U.S. President Donald Trump will deliver the keynote address at tomorrow evening's "Patriot Gala" dinner. (Photo by Drew Angerer/Getty Images)

Republican presidential hopeful Chris Christie accused some of his 2024 competitors of being "unwilling" to attack former President Donald Trump, the front-runner in the race.

Christie suggested on a podcast released Thursday that his opponents were not running for the White House but were instead "auditioning" for a role in the next Trump administration.

“In the end, I think that some of them are unwilling to do it because they don’t think it’s politically smart, some of them are auditioning for a potential Trump administration, and I think some of them just aren’t able to do it,” Christie told host Kara Swisher. “They just physically aren’t equipped to be able to be in that combat.”

Christie said Trump is "morally responsible" for the Jan. 6 Capitol riot but hesitated to say whether Trump was criminally liable. The podcast was recorded before special counsel Jack Smith unveiled a federal grand jury indictment against Trump on Tuesday.

Other Trump rivals have stood by the former president and accused the Biden administration of weaponizing the Department of Justice against a potential 2024 opponent.

Vivek Ramaswamy went to the courthouse where Trump will attend a hearing on Thursday and demanded that the government "tell us the truth about what's really driving this flurry of prosecutions, with trial dates set during the height of the upcoming election."

"That’s why I sued the DOJ this week to tell us exactly what Biden told Garland & what Garland told Jack Smith about the Trump indictments. That’s why I was in Nashville yesterday to demand the release of the transgender school shooter’s manifesto. That’s why I’ve pledged to release the state action files about what the government tells tech companies to suppress. We *can* handle the TRUTH," Ramaswamy said.

A diverse panel of voters weighed in on the latest indictment against former President Donald Trump on "Fox & Friends" Thursday morning. 

"It just seems like an ex-boyfriend seeking revenge in court and just slamming their spouse," said Republican voter Lydia Dominguez, an Air Force veteran and former Democrat from Las Vegas. "All these different charges, it's just overwhelming. I'm over it. They just need to move on."

Republican voter Moses Sanchez of Arizona said he thinks "most people aren't paying attention to the specifics" of the charges against Trump.

"I think the average American couldn't tell you the difference between the third indictment, the second indictment — which indictment is this? I think a lot of people are just checked out," Sanchez said. "Clearly [Trump] has calcified his support during this time and during this indictment and a lot of voters feel like he is being attacked by the mainstream media and he's being victimized."

Bernadette Wright, an independent from Georgia, agreed with the others that the timing of the indictment is "strange."

"It's taking over all of the election news," said Wright. "He has gotten so big that it's gotten out of control."

Former Reagan Justice Department chief of staff Mark Levin warned the current DOJ's legal pursuit and indictment of former President Donald Trump is another step in the "unraveling" of America at the hands of Democrats.

Levin, host of "Life, Liberty & Levin" on Fox News, said Wednesday he is praying that his premonitions are wrong, but asserted the Democratic Party is intentionally creating a "combustible situation" among the populace, even beyond its indictment of a former president on charges that could land Trump in prison for hundreds of years.

"You see what's going on. You see we're unraveling… The Democrat Party is destroying our schools, it's destroying parental rights, it's destroying the nuclear family, it's destroying people of faith. It's gone after the Catholic Church. The Democrat Party is promoting censorship in all of its departments and agencies. It's destroying our traditions," Levin said.

Levin said President Biden's claim his administration is building a "bottom up; middle out" society is anything but true, instead contending the behavior of the president and Democratic Party is that of a "passive revolution" that is nonviolent but radically transforms longstanding institutions to control all aspects of life and repress political opposition.

"It's the kind of revolution that Antonio Gramsci, an Italian Communist, and even [Soviet leader Vladimir] Lenin talked about, where they take over the institutions of government, they take over the institutions of the culture and they impose their will."

"We now have a government that's banning household products from light bulbs to automobiles in order to control your life. We have a government that is destroying your lifestyle; driving up the cost of energy. It's going to get worse before it gets better."

He said of Trump's latest indictment that nothing like this has happened since 1776, and said all of the prosecutors charging or potentially preparing to charge Trump are politically opposed to him.

"They will use any tool they can. They don't care about free speech. They don't care about the Bill of Rights. They don't care about attorney-client privilege… This is a Democrat Party that is power-hungry, and they see an opportunity right now to monopolize the government and politics forevermore."

Fox News' Charles Creitz contributed to this report.

On "Fox & Friends First" on Wednesday, former Assistant FBI Director Chris Swecker sounded off on the "extraordinary" indictment against Trump, arguing it read more like an "op-ed or political manifesto."

"This is an extraordinary indictment. When I read it, I thought I was reading a New York Times op-ed or a political manifesto. Where's the beef? There is nothing in there that goes beyond opinion, talking, expressing things," Swecker said.

"And I'm not defending President Trump because I think he did a lot of things that were ill-advised and unwise, probably against his lawyers' advice," he continued. "But these charges are conspiracy charges. That means there are other people involved. And I think there are six or seven lawyers that are... unnamed or not named, but they are unnamed co-conspirators. And it is alleging basically that Trump provided some sort of disinformation campaign, that he knew that the election was not stolen, that there was not enough fraud to have stolen the election. And yet he went forward with all of these actions and tried to get the election overturned in a lot of different ways. But those charges are extraordinary.

"I don't think I've ever seen an indictment like this in my 40-plus years in this business. So, it'll be interesting to see. I know he does not have a favorable judge. He has an unfavorable judge. We'll see. I think this case could get thrown out if it really were an objective Constitution-adhering judge, you would see this case thrown out very early in the process."

Fox News' Madeline Coggins contributed to this report.

IOWA CITY, IOWA - JULY 29: Republican presidential candidate former U.N. Ambassador Nikki Haley speaks to guests during a campaign stop at Wildwood Smokehouse on July 29, 2023 in Iowa City, Iowa. Yesterday Haley joined 12 other GOP presidential contenders at the Republican Party of Iowa 2023 Lincoln Dinner. (Photo by Scott Olson/Getty Images)

Republican presidential candidate Nikki Haley explained Thursday why she did not release a statement after her 2024 rival Donald Trump was indicted by a federal grand jury.

Speaking on a New Hampshire talk radio station, Haley reportedly said she kept silent "because like most Americans, I'm tired of talking about it. We should be talking about the security threat posed by China." Haley's comments were reported by NH Journal.

Several other GOP hopefuls weighed in this week on the blockbuster announcement that former President Trump had been indicted in the probe into the Jan. 6, 2021, storming of the U.S. Capitol and efforts to overturn the 2020 election. 

One of the first to release a statement was former CIA spy and former Rep. Will Hurd of Texas, a long-shot for the nomination and a very vocal GOP Trump critic.

"Let me be crystal clear: Trump's presidential bid is driven by an attempt to stay out of prison and scam his supporters into footing his legal bills. Furthermore, his denial of the 2020 election results and actions on Jan. 6 show he's unfit for office," Hurd wrote.

Former Vice President Mike Pence also issued a statement highly critical of Trump, writing that "today's indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States."

Florida Gov. Ron DeSantis, on the other hand, pledged to "end the weaponization of government, replace the FBI Director, and ensure a single standard of justice for all Americans," without mentioning Trump by name. 

Sen. Tim Scott, R-S.C., said he also was concerned about the "weaponization" of the Justice Department. Vivek Ramaswamy went further by committing to pardon Trump. 

Fox News' Andrew Murray and Paul Steinhauser contributed to this report.

DES MOINES, IA - JULY 28: President Donald J. Trump speaks during the Republican Party of Iowa 2023 Lincoln Dinner at the Iowa Events Center in Des Moines, Iowa, Friday, July 28, 2023. (Photo by Rebecca S. Gratz for The Washington Post via Getty Images)

Donald Trump on Thursday accused the Biden administration of bringing up criminal charges against him to drain funds from his 2024 presidential campaign.

In a post on Truth Social, Trump said the Department of Justice has forced him "to spend large amounts of time & money" on his legal defense instead of his campaign. 

"Look, it’s not my fault that my political opponent in the Democrat Party, Crooked Joe Biden, has told his Attorney General to charge the leading (by far!) Republican Nominee & former President of the United States, me, with as many crimes as can be concocted so that he is forced to spend large amounts of time & money to defend himself," Trump said. "The Dems don’t want to run against me or they would not be doing this unprecedented weaponization of “Justice.” BUT SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"

Campaign finance documents show Trump, the Republican presidential front-runner, burned through at least $42.8 million this year, much of it used to cover costs related to his mounting legal peril. The former president has $31.8 million cash on hand.

Fox News' Danielle Wallace contributed to this report.

Former President Donald Trump boasted that he’s "never had so much support" the morning after he was indicted by a grand jury on federal charges related to his alleged efforts to overturn his loss in the 2020 election.

It’s the second federal indictment brought against Trump in investigations led by Special Counsel Jack Smith, who also probed the former president’s removal and possession of classified documents from the White House.

"Thank you to everyone!!! I have never had so much support on anything before," Trump wrote in an all-caps message on his Truth Social app.

"This unprecedented indictment of a former (highly successful!) president, & the leading candidate, by far, in both the Republican Party and the 2024 general election, has awoken the world to the corruption, scandal, & failure that has taken place in the United States for the past three years," the former president said.

"America is a nation in decline, but we will make it great again, greater than ever before. I love you all!!!"

Fox News' Elizabeth Elkind contributed to this report.

WASHINGTON, DC - MARCH 29: Vice President Mike Pence looks on as President Donald Trump addresses supply chain distributors in reference to the COVID-19 coronavirus pandemic, in the Cabinet Room in the West Wing at the White House on Sunday, March 29, 2020. (Photo by Pete Marovich-Pool/Getty Images)

Former Vice President Mike Pence did not parse words when reacting to former President Trump's indictment by Special Counsel Jack Smith on Tuesday.

In a statement released following Trump's indictment on charges related to the Jan. 6, 2021 riot at the U.S. Capitol and efforts to overturn the 2020 presidential election, Pence accused Trump of putting himself over the Constitution, and said a Trump candidacy would serve as a distraction from President Biden's "disastrous" record.

"Today's indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States," Pence said. "I will have more to say about the government’s case after reviewing the indictment." 

"The former president is entitled to the presumption of innocence but with this indictment, his candidacy means more talk about January 6th and more distractions. As Americans, his candidacy means less attention paid to Joe Biden's disastrous economic policies afflicting millions across the United States and to the pattern of corruption with Hunter," he said. 

Pence declared the country was "more important than one man," and that the Constitution was "more important than any one man’s career." 

"On January 6th, former President Trump demanded that I choose between him and the Constitution. I chose the Constitution and I always will," he said.

"As your president, I will not yield an inch in defending America, our people, or our values, and I promise you: I will do so in a way consistent with my oath to the Constitution and the character and decency of the American people. We will restore a threshold of integrity and civility in public life so we can bring real solutions to the challenges plaguing our nation," he added.

Fox News' Brandon Gillespie and Andrew Murray contributed to this report.

Special Counsel Jack Smith, who brought four new 2020-election-related charges against former President Donald Trump earlier Tuesday, should be "indicted for stupidity" according to one legal analyst.

Gregg Jarrett told Fox News that the 45-page indictment of Trump, in which Smith lays out charges including one count better known for being used against the Ku Klux Klan in the 1870s, is an "amateurish joke."

Trump was charged with conspiracy to defraud the United States, attempt to obstruct an official proceeding, conspiracy to obstruct an official proceeding and conspiracy against rights – the latter of which was drafted to counteract intimidation of recently freed slaves newly protected by the 14th and 15th Amendments.

"This indictment strikes me as an amateurish joke, frankly," Jarrett said. "Jack Smith as special counsel should be indicted for stupidity – It's that bad."

Jarrett told "Hannity" that Smith has a "disreputable habit" of charging "politically driven prosecutions."

Fox News' Charles Creitz contributed to this report.

WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Alex Wong/Getty Images)

Special Counsel Jack Smith’s latest indictment against former President Donald Trump was a cause for celebration for many left-wing Twitter users on Tuesday.

"Happy #TrumpIndictment Day! Waiting for Jack Smith to drop in for victory drinks. I’ve already started popping the champagne," former MSNBC analyst Malcolm Nance cheered with a photo of himself celebrating with a drink in a restaurant.

"Happy 3rd Indictment Day to all who celebrate! #TrumpIndictment," YouTuber Sarah O’Connell tweeted.

Blue Amp Strategies CEO Cliff Schecter wrote, "Ok said this was the one thing that would get me to break my Tweetless Tuesday. Happy pending indictment 112th Trump indictment everyone!"

Journalist Sophia A. Nelson said, "This is a good day for the Republic, it shows the checks and balances work. We will be okay as long as the institutions hold."

"RT if you agree that Jack Smith is an American hero," political strategist Rachel Bitecofer commented.

Celebrity hair stylist Elgin Charles agreed, "Jack Smith is a true American hero."

Fox News' Lindsay Kornick contributed to this report.

Trump Organization vice president Eric Trump pledged his father Donald will "fight like hell" against Special Counsel Jack Smith's latest indictment.

Smith indicted former President Trump Tuesday on four charges – conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding, as well as a post-Civil War law intended to blunt Ku Klux Klan intimidation of newly-freed slaves; conspiracy against rights.

"We've dealt with this nonsense from the very beginning. We dealt with it with all the impeachments," Eric Trump, who also serves as president of Trump Winery in Virginia, told Fox News on Wednesday. 

"We dealt with the slanderous Russia lies the [allegations] that we were colluding with the Kremlin [and] that we had secret servers in the basement of Trump Tower."

The younger Trump told "Jesse Watters Primetime" that allegations from the Washington, D.C. establishment have been "lie after lie" intended to weaken him and his populist movement.

"They've slandered him from day-one," he said, collectively calling Smith and other detractors "desperate."

Fox News' Charles Creitz contributed to this report.

"The View" co-host Sunny Hostin bet an audience member, CNN's Elie Honig, on Wednesday that Donald Trump would go to jail following his latest indictment related to Jan. 6. 

At the end of "The View" on Wednesday, co-host Alyssa Farah Griffin was recommending some books and included one of Honig's books, "Untouchable: How Powerful People Get Away with It," and pointed to the CNN legal analyst in the audience.

"I picked this book, it came out in January 2023 but one of the most common questions I get, we talk about a lot on this show, how do people like Trump or how do the rich and powerful seem to get away with it? There doesn’t seem to be the same accountability that the average Joe has, and this book explains the methodology of why it’s tough to nail these people down. And he profiles, I mean he predicts a lot of what we’re seeing with Donald Trump but Harry Weinstein, Jeffrey Epstein and Donald Trump. It’s a must read when you try to figure out how people weaponize the legal system to help them," Griffin said. 

Co-host Joy Behar turned to Honig and asked him if he thinks Trump would go to jail. 

"No," he said. "Sorry, but no. Doesn't mean he won't be convicted, but I don't believe he'll go to jail, certainly not before the election, if you're counting on that." 

Hostin chimed in and said, "I'll take that bet, Elie."

"Ok, I know you have one with Alyssa, I'll double on it," he responded. 

Fox News' Hanna Panreck contributed to this report.

Former D.C. Metropolitan police officer and CNN analyst Michael Fanone claimed Tuesday’s federal indictment of former President Donald Trump in relation to the Jan. 6, 2021, Capitol riot made him feel the exact same way he felt when the U.S. military "killed Osama bin Laden."

Fanone, who was present at the U.S. Capitol on Jan. 6 and who has testified before the U.S. House select committee investigating the riot that day, told CNN host Laura Coates on Tuesday he believed that Trump’s actions surrounding the event were "absolutely" comparable to bin Laden’s terror attack against the U.S. on 9/11.

"When I first learned about the indictment, I had a long conversation with a friend of mine, Ryan Reilly, and I told him how proud I felt to be an American at that moment. Much in the way that I did when I learned that our military had killed Osama bin Laden. I just felt incredibly proud," Fanone said.

HIs words seemed to perturb Coates, who paused and admitted to the former law enforcement officer that his statement was an "eyebrow-raising" one.

Fox News' Gabriel Hays contributed to this report.

Florida Governor and 2024 Republican Presidential hopeful Ron DeSantis speaks at the Republican Party of Iowa's 2023 Lincoln Dinner at the Iowa Events Center in Des Moines, Iowa, on July 28, 2023. (Photo by Sergio FLORES / AFP) (Photo by SERGIO FLORES/AFP via Getty Images)

Supporters of former President Donald Trump and other conservatives lashed out at Florida Gov. Ron DeSantis for what they said was an underwhelming response to news of the latest indictment against Trump and said it shows he's the wrong pick for 2024.

"As President, I will end the weaponization of government, replace the FBI Director, and ensure a single standard of justice for all Americans," DeSantis tweeted shortly after news broke Tuesday that Trump had been indicted on charges stemming from Special Counsel Jack Smith's investigation into the Capitol riot on Jan. 6, 2021.

"While I’ve seen reports, I have not read the indictment. I do, though, believe we need to enact reforms so that Americans have the right to remove cases from Washington, DC to their home districts. Washington, DC is a ‘swamp’ and it is unfair to have to stand trial before a jury that is reflective of the swamp mentality. One of the reasons our country is in decline is the politicization of the rule of law. No more excuses — I will end the weaponization of the federal government."

The DeSantis tweet calling for an end to the weaponization of government was seen over 4 million times and "ratioed" mostly by Trump supporters and surrogates. They accused the Florida Republican of not speaking out forcefully enough against the specific targeting of Trump, not mentioning him by name and not promising a pardon.

"It makes me really sad that the best, most based governor in America decided to base his entire presidential campaign on not knowing what time it is," Federalist CEO Sean Davis tweeted. "Robotically reciting ‘I will enact reforms’ is not how you respond when a corrupt government announces that it plans to throw its opposition in prison for the crime of opposition."

"Not a wartime conservative," political commentator Jack Posobiec tweeted.

"YOUR TOP POLITICAL OPPONENT IS BEING UNJUSTLY PERSECUTED," Fox News contributor Caitlyn Jenner tweeted. "Agree to pardon him! This is a sham and you know it. But you hope you benefit from it. SHAME ON TEAM DESANTIS!"

Fox News' Andrew Mark Miller contributed to this report.

Constitutional law professor Jonathan Turley warned the latest indictment of former President Donald Trump has "chilling" implications for free speech in America. On "The Brian Kilmeade Show"  on Wednesday, Turley explained that the Constitution protects Trump's ability to claim the 2020 election was stolen, even if he knew his claim was false.

"The burden is on the prosecution. And the question is, how do you actually prove this? What the indictment says is lots of people told Trump that the election wasn't stolen and that the challenge, the certification was invalid. Well, fine. I was one of those people saying that. But he had other people saying the opposite. He had attorneys, not a small number saying, ‘No, you can make these challenges. So the election was stolen. There is this evidence.’ Millions of Americans believe that. And so it's a weird indictment," Turley said.

"What concerns me here is that the implications of this filing for free speech are quite chilling. And those people celebrating this indictment are dismissing that, and they shouldn't. ... When is the price too high?"

Fox News contributor Andy McCarthy said Wednesday that Donald Trump's appearance in federal court in Washington, D.C., at 4 p.m. ET will be short and appear "choreographed."

"Because there's been an indictment, this will be an arraignment, which means it's a proceeding before the court in which the former president will be asked to enter a plea to the indictment that was just filed yesterday," McCarthy said.

"He'll obviously enter a plea of not guilty. It'll be choreographed in the sense that because of the security concerns, the Secret Service will have collaborated with the court personnel and the other agencies involved in the case to make sure that the former president is ushered into the court," he added.

"It'll be short. He'll enter a plea. Bail will not be an issue in this case."

McCarthy discussed Trump's court appearance with former FBI special agent Nicole Parker and former DOJ official Tom Dupree on "Your World" with Neil Cavuto. 

WASHINGTON, DC - AUGUST 1: Special Counsel Jack Smith announces indictment of former President Donald Trump during a press conference on August 1, 2023 in Washington, D.C. (Photo by Ricky Carioti/The Washington Post via Getty Images)

Legal experts are criticizing special counsel Jack Smith for his latest indictment against Donald Trump for accusing the former president of spreading disinformation and other activities protected by the First Amendment.

Trump was indicted out of Special Counsel Jack Smith’s investigation related to 2020 election interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as conspiracy to obstruct an official proceeding.

"The most jarring thing about this indictment is it basically just accuses him of disinformation — this is a disinformation indictment," said legal scholar Jonathan Turley, a professor of public interest law at George Washington University and a Fox News contributor.

"It said [Trump] was spreading falsehoods, that [he] was undermining integrity of the election — that is all part of the First Amendment," Turley said. "And I think that courts will look skeptically."

Andy McCarthy, a former federal prosecutor and assistant U.S. attorney for the Southern District of New York and a Fox News contributor, told Fox News Digital that Smith brought "a lousy case."

"I think all the counts have significant legal problems, and that’s even before you get to the complex problems of trying to prove Trump’s intent," McCarthy said.

But not every legal expert says Smith's case is weak. Laurence Tribe, professor of constitutional law emeritus at Harvard University, told Fox News Digital that Smith has brought an "airtight" indictment against the former president.

"The factual details, if true as claimed, leave Trump with no legitimate legal defenses," Tribe said. "And the sources for all the damning direct quotations, including those by Mr. Trump himself, are all individuals he hand-picked for their loyalty to him — they have no conceivable motive to lie. And there’s no chance they’re misremembering anything so stark."

Tribe told Fox News Digital that Trump’s "only hope to avoid conviction" on this latest set of charges is "to get someone installed as president who would pardon him or get the Justice Department to drop the case."

Fox news' Brooke Singman contributed to this report.

Former Vice President Mike Pence on Wednesday rejected the notion by former President Donald Trump's then-attorney John Eastman that he could have "paused" the certification of the Electoral College vote on January 6, 2021, referring to him as a "crackpot" lawyer.

Pence made the comments during an appearance on Fox News' "The Story," telling host Martha MacCallum that he did his duty as vice president according to the Constitution by not bowing to calls for him to stop the certification of the 2020 presidential election results.

"I was confident as a student of American history that those founders would have never vested the vice president or anyone else with unilateral authority to decide what Electoral College votes to count and which not to count. I was clear on that throughout. I was clear with President Trump throughout all the way up to the morning of January 6th," Pence said. 

"But let's let's be clear on this point. It wasn't just that he asked for a pause. The president specifically asked me — and his gaggle of crackpot lawyers asked me — to literally reject votes, which would have resulted in the issue being turned over to the House of Representatives. And literally chaos would have ensued," he added.

Fox News' Brandon Gillespie contributed to this report.

The indictment against Trump claims he made "knowingly false" claims about the 2020 presidential election and urged Pence to illegally overturn the results. (Ty Wright/Getty Images)

Then-Vice President Mike Pence  took "contemporaneous notes" of his conversations with Donald Trump in the days before the Capitol riot on Jan. 6, 2021, Special Counsel Jack Smith's indictment of the former president revealed Tuesday. 

Pence's previously unreported notes are presented as evidence against Trump, who faces four federal charges related to his actions after the 2020 presidential election and unproven claims the election was stolen. Trump is charged with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. 

The indictment cites several phone calls between Trump and Pence in late December 2020 and early January 2021 in which Trump allegedly made "knowingly false" claims about the election and pressured his vice president to stop Congress from certifying Joe Biden's victory. Pence recounted some of these conversations in his memoir, "So Help Me God." 

Pence's notes recount how Trump told him the "Justice Department [was] finding major infractions" in the election, a claim the special counsel calls false.

During a meeting on Jan. 3, 2021, Trump allegedly said "Bottom line-won every state by 100,000s of votes" and "We son every state." Citing Pence's notes, the indictment also claims Trump asked, "What about 205,000 votes more in PA than voters?" — a claim his senior Department of Justice officials had debunked as early as the day before, the indictment alleges.

Former President Donald Trump is scheduled to appear in federal court in Washington, D.C., Thursday afternoon after being indicted on charges that stem from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, faces four federal charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

The former president is expected to travel from Bedminster, New Jersey, to Washington, D.C., on Thursday. He was ordered to appear in federal court for a 4 p.m. arraignment.

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.

Trump is the first former president in U.S. history to face federal criminal charges. 

Fox News' Brooke Singman contributed to this report.