Special Prosecutor Smith

WASHINGTON (AP) — Donald Trump pleaded not guilty Thursday to trying to overturn the results of his 2020 election loss, answering for the first time to federal charges that accuse him of orchestrating a brazen and ultimately unsuccessful attempt to block the peaceful transfer of presidential power.

The former president appeared before a magistrate judge in Washington’s federal courthouse two days after being indicted by Justice Department special counsel Jack Smith. Of the three criminal cases he's facing, the most recent charges are especially historic since they focus on Trump's efforts as president to subvert the will of voters and obstruct the certification of Democrat Joe Biden’s victory. His refusal to accept defeat and his lies about widespread election fraud helped fuel the violent riot on Jan. 6, 2021, when a mob of supporters stormed the U.S. Capitol.

Trump, who is now the early front-runner in the 2024 Republican presidential primary, sat stern-faced with his hands folded, shaking his head at times as he conferred with an attorney and occasionally glancing around the courtroom as his court appearance began. He stood up to enter his “not guilty” plea, answered perfunctory questions from the judge and thanked her at the conclusion of the arraignment.

His appearance Thursday unfolded — as will the rest of the case — in a downtown courthouse between the Capitol and the White House and in a building where more than 1,000 of the Capitol rioters have been charged by the Justice Department, which last November appointed Smith to lead a probe into the role of Trump and his allies in the events of that day.

The indictment charges Trump with four felony counts related to his efforts to undo his presidential election loss, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding. The charges could lead to a lengthy prison sentence in the event of a conviction, with the most serious counts calling for up to 20 years.

Smith himself attended the arraignment, sitting in the courtroom's front row behind the prosecutors handling the case and about 20 feet away from Trump. He looked at times in Trump's direction, though neither appeared to gesture at or talk to each other.

U.S. Magistrate Judge Moxila Upadhyaya set the next court date for Aug. 28, when a tentative trial date will be set, and directed Trump not to communicate directly about the facts of case with any individual known to be a witness.

Three police officers who defended the Capitol that day were also seen entering the courthouse. One of them, Aquilino Gonell, who retired from the Capitol Police after suffering injuries, took stock of the location's symbolism, noting that it was “the same court in which hundreds of rioters have been sentenced. It's the same court former President Trump is being arraigned in today for his alleged involvement before, during, and after the siege.”

Trump has said he is innocent. His legal team has characterized the latest case as an attack on his right to free speech and his right to challenge an election that he believed had been stolen.

He addressed the proceedings in a brief statement on a drizzly tarmac at Washington's Reagan National Airport before he boarded his plane back to New Jersey.

“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," he said. "So if you can’t beat ‘em, you persecute ‘em or you prosecute ’em. We can’t let this happen in America.”

One early point of contention emerged Thursday when defense lawyers bristled at the idea that a trial could be rapidly scheduled. Prosecutors said they would move quickly to provide Trump's lawyers with the information they'd need to prepare a defense, but defense attorney John Lauro said it was “somewhat absurd” that the case could be ready for trial anytime soon.

"These are weighty issues. Obviously, the U.S. has had three years to investigate this matter,” Lauro said.

The election theft case is part of escalating legal troubles for the ex-president, coming nearly two months after Trump pleaded not guilty to dozens of federal felony counts accusing him of hoarding classified documents at his Florida estate and thwarting government efforts to retrieve them. That case is set for trial next May.

He also was charged in New York with falsifying business records in connection with a hush money payment to a porn actor during the 2016 presidential campaign, a case scheduled for trial next March. And prosecutors in Fulton County, Georgia, are expected in the coming weeks to announce charging decisions in an investigation into efforts to subvert election results in that state.

Thursday's arraignment was part of a now-familiar but nonetheless stunning ritual for Trump, requiring him to hit pause on his presidential campaign and play the role of criminal defendant. He was flown by private plane from New Jersey to Washington, where his motorcade with lights and sirens made its way through the nation's capital — a journey documented in wall-to-wall cable coverage once again.

His appearance represented a relatively rare return to Washington since he left the White House. After a trip that took him through a highway tunnel and District streets, Trump lamented what he called the "filth and the decay" of the city, which he claimed was worse than when he ended his term. But that overlooks the fact that when he left office, some businesses were boarded up and military presence in the city was ramped up in the aftermath of the insurrection sparked by his own election lies.

Federal and state election officials and Trump’s own attorney general have said there is no credible evidence the election was tainted. The former president's allegations of fraud were also roundly rejected by courts, including by judges Trump appointed.

The courtroom Thursday filled with spectators who included several federal judges, including Chief District Court Judge James Boasberg — presumably there to observe the momentous event.

The indictment chronicles how Trump and his Republican allies, in what Smith described as an attack on a “bedrock function of the U.S. government,” repeatedly lied about the results in the two months after he lost the election and pressured his vice president, Mike Pence, and state election officials to take action to help him cling to power.

The former president was the only person charged in the case, though prosecutors referenced six unnamed co-conspirators, mostly lawyers, they say he plotted with, including in a scheme to enlist fake electors in seven battleground states won by Biden to submit false certificates to the federal government.

The indictment also relies on testimony from a broad cross-section of Trump's aides and state election officials, and cites contemporaneous notes that prosecutors say were taken by Pence.

The legal proceedings going forward will be presided over by U.S. District Judge Tanya Chutkan, an appointee of President Barack Obama who has stood out as one of the toughest punishers of rioters.

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AP writers Ellen Knickmeyer, Colleen Long, Ashraf Khalil, Rebecca Santana, Stephen Groves, Serkan Gurbuz, Rick Gentilo, Alex Brandon, Yihan Deng, Kara Brown, Nathan Posner and Alanna Durkin Richer contributed to this report.

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Follow the AP’s coverage of Donald Trump at https://apnews.com/hub/donald-trump and of the U.S. Capitol insurrection at https://apnews.com/hub/capitol-siege.

Donald Trump’s legal team told a judge overseeing the election conspiracy case against him on Monday that prosecutors' proposed protective order aimed at preventing the public disclosure of evidence is too broad and would restrict his First Amendment rights.

Lawyers for the early 2024 Republican presidential primary front-runner said the judge should impose a more limited order that would bar the public release only of materials deemed “sensitive" — such as grand jury documents — rather than all evidence handed over by the government in the case accusing Trump of conspiring to overturn his 2020 election loss.

Prosecutors have said a protective order — not unusual in criminal cases — is particularly important in Trump's case because of his penchant for using social media. They have expressed concern that Trump could improperly share sensitive case information online that could have a “harmful chilling effect on witnesses.”

In their filing Friday seeking the order, prosecutors included a screenshot of a post from Trump’s Truth Social platform that same day in which he wrote, in all capital letters, “If you go after me, I’m coming after you!”

Trump’s lawyers said that citing that post to claim there’s a danger Trump might publish grand jury information was “a provocative claim when searching for headlines, perhaps, but one that falters under minimal scrutiny.”

The former president’s legal team said his post was “generalized political speech” and had nothing to do with the case. A Trump spokesperson said last week that the post was in response to “dishonest special interest groups and Super PACs.”

Trump's lawyers, who have characterized the case brought by special counsel Jack Smith as an attack on his right to free speech, told the judge that the need to protect sensitive information about the case “does not require a blanket gag order over all documents produced by the government.”

“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Trump's lawyers wrote. “Worse, it does so against its administration’s primary political opponent, during an election season in which the administration, prominent party members and media allies have campaigned on the indictment and proliferated its false allegations.”

The defense filing was in response to the request Friday from Smith's team for the protective order, which would impose rules on what Trump and his defense team can do with evidence handed over by the government as they prepare for trial in the case unsealed last week.

Trump’s lawyers on Saturday had asked for an extra three days to respond to prosecutors’ request for the protective order, saying they needed more time for discussion. But Judge Tanya Chutkan swiftly denied that request.

The prosecutors’ proposed order seeks to prevent Trump and his lawyers from disclosing materials provided by the government to anyone other than people on his legal team, possible witnesses, the witnesses’ lawyers or others approved by the court. It would put stricter limits on “sensitive materials,” which prosecutors said would include grand jury witness testimony and materials obtained through sealed search warrants.

Prosecutors said that they are ready to hand over a substantial amount of evidence to Trump’s legal team and that much of it includes sensitive and confidential information.

Trump has denied any wrongdoing in the case as well as another federal case brought by Smith that accuses him of illegally hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida.

He has has characterized all the cases against him as an effort to take down his 2024 campaign. His legal team has indicated that it will argue that he had relied on the advice of attorneys around him in 2020 and that Trump had a right to challenge an election that he believed had been stolen.

Trump pleaded not guilty last week to four felony counts, including conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of Democrat Joe Biden’s electoral victory. The charges could lead to a lengthy prison sentence in the event of a conviction, with the most serious counts calling for up to 20 years.

It’s the third criminal case brought this year against the the early front-runner in the 2024 Republican presidential primary. But it’s the first case to try to hold him responsible for his efforts to remain in power during the chaotic weeks between his election loss and the attack by his supporters on the U.S. Capitol on Jan. 6, 2021.

Smith also charged Trump in June with dozens of felony counts alleging the former president illegally kept classified records after he left the White House and obstructed government efforts to get them back. A new indictment recently unsealed in that case accuses Trump of scheming with Mar-a-Lago staffers to try to delete security footage sought by investigators.

Magistrate Judge Bruce Reinhart imposed a similar protective order in June that prohibits Trump and his legal team from publicly disclosing evidence turned over to them by prosecutors without prior approval. Prosecutors are seeking another protective order in that case with more rules about the defense team’s handling of classified evidence.

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Richer reported from Boston.