Axios Sneak Peek

August 04, 2023
Welcome back to Sneak. Smart Brevity™ count: 1,052 words ... 4 minutes.
1 big thing: Trump's ticket to freedom
Trump boards his plane at Reagan National Airport after his arraignment. Photo: Win McNamee/Getty Images
Federal prosecutors reminded former President Trump at his arraignment today that the Constitution entitles him to a speedy trial.
- But as his lawyer made clear inside D.C.'s federal courthouse, that's the last thing he wants.
Why it matters: Now facing 78 criminal charges in three jurisdictions — with the possibility of a fourth indictment in Georgia by the end of the month — Trump's quest to regain the White House has become existential.
- Delaying his trials and winning the 2024 election, which is expected to be a tight race with President Biden, could be Trump's best bet for avoiding prison time.
- The Justice Department's Office of Legal Counsel has long held that sitting presidents cannot be tried and imprisoned, and Trump has already teased plans to dismantle DOJ independence or pardon himself if elected.
Driving the news: At today's hearing, Trump's lawyer John Lauro called it "absurd" to suggest the case could go to trial within the 70-day timeframe laid out in the Speedy Trial Act — citing the "massive amount of information" prosecutors are expected to turn over in the discovery process.
- The presiding judge ordered motions from both sides, and then offered three dates for the next hearing: Aug. 21, Aug. 22 or Aug. 28.
- Prosecutors requested the soonest date; Trump's lawyers requested Aug. 28 — which the judge accepted.
The big picture: This tactic isn't exclusive to the Jan. 6 case. In Trump's classified documents trial, his lawyers have made clear they plan to file a flurry of motions to gum up the "rocket docket" that Southern Florida's speedy federal court is known for.

Zoom in: While Trump's third arraignment featured the same wall-to-wall media coverage as his first two, the former president's demeanor inside the hearing was noticeably different.
- Trump stared for several moments in the direction of special counsel Jack Smith — a role reversal from his June arraignment in Florida, where it was the veteran prosecutor shooting daggers at the former president.
- Three police officers who defended the Capitol on Jan. 6 were in attendance at the federal courthouse, just blocks away from where the pro-Trump attack unfolded in 2021.
The intrigue: The inextricable links between Trump's two federal cases, prosecuted by the same special counsel, were on full display today.
- Attorney Evan Corcoran, who was forced to provided key evidence that led to Trump's indictment in the classified documents case, was in attendance at the hearing.
- Trump's valet Walt Nauta, indicted as a co-conspirator in the Mar-a-Lago probe, handed the former president an umbrella as he walked on the tarmac to depart D.C.
The bottom line: While Trump remains the runaway favorite for the GOP nomination, nearly half of Republicans say they would not vote for him if he were convicted of a felony, according to a new Reuters/Ipsos poll.
2. 💰 Field day for Trump rivals

For the third time, Trump's rivals for the 2024 nomination are responding to an indictment of the GOP front-runner not by condemning him — but by defending him in increasingly theatrical ways.
- Vivek Ramaswamy turned up at the courthouse in D.C. early this morning to demand that the Biden administration "tell us the truth about what's really driving this flurry of prosecutions," casting the Trump indictment as part of a pattern of "government censorship."
- Miami Mayor Francis Suarez, who did not vote for Trump in 2020, is running digital ads with a fundraising appeal calling on other Republican candidates to pledge to pardon the former president.
- Florida Gov. Ron DeSantis has called for Trump's trial to be moved out of Washington because of the city's deep-blue voting record, telling Fox News that a D.C. jury "would convict a ham sandwich if it was a Republican ham sandwich."
The other side: Former Vice President Mike Pence, a key witness in the Jan. 6 indictment who could potentially testify at trial, is selling campaign merchandise emblazoned with the phrase, "Too Honest."
- Trump allegedly uttered those words to Pence at a meeting on Jan. 1, 2021, when the vice president pushed back on his unconstitutional request to reject electors during the Jan. 6 joint session of Congress.
- A Pence adviser told the New York Times that the campaign received 7,000 donations the day after the indictment was unsealed, putting Pence closer to qualifying for the first Republican debate.
3. 📖 Transcript shows no Biden corruption evidence

Former Hunter Biden associate Devon Archer told the House Oversight Committee that he has no knowledge of any wrongdoing by President Biden as it relates to his son's foreign business dealings, according to a transcript released today.
Why it matters: House Republicans have sought to use allegations of Biden family corruption to deflect attention from Trump's indictments and argue that there is a "two-tiered" system of justice.
- Archer's testimony made clear that Hunter Biden leveraged his father's "brand" as vice president to give the "illusion of access" to clients, including by putting the elder Biden on speakerphone during meetings.
- But Archer repeatedly testified the conversations were innocuous — touching on topics such as "the weather" and "fishing" — and that he did not witness the Bidens discuss business or U.S. policy.
Zoom in: Archer denied any knowledge of the alleged $5 million bribes that a Ukrainian oligarch claimed to have paid to the Bidens, as detailed in an internal FBI document touted by Republicans.
- Archer said he would disagree the FBI form is evidence Biden was bribed — an allegation at the center of the GOP's potential impeachment inquiry — and attributed it to bluster by the Ukrainian.
4. 🥊 Debate undercard

Trailing in the polls and unlikely to face Trump on the debate stage this month, DeSantis has made the unusual decision to debate a rival not running for president: California Gov. Gavin Newsom.
- Newsom has been challenging DeSantis for months, sending a formal request offer to Fox News last week for a live 90-minute debate on Nov. 8 or 10 moderated by Sean Hannity.
Why it matters: For Newsom, debating a top Republican foil will bring attention and fundraising fodder for a possible 2028 presidential campaign. For DeSantis, the choice to engage in a sideshow in the heat of the GOP primary has raised more than a few eyebrows.
🏖️ Thanks for sticking with us through this crazy week. This newsletter was copy edited by Kathie Bozanich.
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