Being a target in any probe is a bad day. But I’ve always thought that efforts to undermine a free and fair election were among the most serious charges conceivable in special counsel Jack Smith’s investigation into the 2020 election and Jan. 6, 2021.
It’s an extraordinary occurrence but not completely unexpected. We’ve seen signals that this was coming. It makes sense that Smith and his team would be looking specifically at this. In many ways, this would be the most compelling case if such charges are brought.
The target letter former President Donald Trump said he received on Sunday is an invitation — but not an invitation anybody would ordinarily want. Remember: He’s not required to testify before the federal grand jury. It’s not mandated. I would be shocked if he did testify before the grand jury.
It’s an invitation from the Department of Justice for Trump to present his side of the story to the grand jury if he so chooses. But there’s nothing in it for him. There’s absolutely no way this man could tell the truth.
Lying to a federal grand jury could bring additional charges, including possible perjury and obstruction of justice. He’s very, very unlikely to talk the grand jury out of indicting him. So, I expect he respectfully declines. What happens after that? I imagine at some point the Smith team presents its proposed indictment to the grand jury and it votes on charging him with additional federal crimes. This is an excerpt from Tuesday’s episode of “Morning Joe.” It has been slightly edited for length and clarity.
Chuck Rosenberg
Chuck Rosenberg is a former United States attorney, senior FBI official and Drug Enforcement Administration chief. He is currently an MSNBC legal analyst and the host of "The Oath" podcast, a production of NBC News and MSNBC.
Latest Post
Recommended
