AMNA NAWAZ: Welcome to the "NewsHour."

An historic day in Washington.

A federal grand jury has indicted former President Donald Trump on four counts, including conspiracy to defraud the United States and obstruction of an official proceeding.

GEOFF BENNETT: It comes after a more-than-nine-month investigation by special counsel Jack Smith of Mr. Trump's involvement in the January 6 insurrection and efforts to overturn the 2020 election.

AMNA NAWAZ: This is the third time Mr. Trump has been indicted this year.

He was first charged in March in a New York court with 34 counts related to hush money payments made during the 2016 campaign.

GEOFF BENNETT: His first federal indictment then came in June as part of the special counsel's probe.

A Florida grand jury charged him with 37 felonies related to classified material found in his home.

AMNA NAWAZ: Our White House correspondent, Laura Barron-Lopez, has been following all of this and joins us here.

Laura, good to see you.

LAURA BARRON-LOPEZ: Good to be here.

AMNA NAWAZ: So, as we mentioned, Jack Smith has been following two lines of investigation, this January 6 probe being one of them.

Just remind us how we arrived at this moment in this particular probe.

LAURA BARRON-LOPEZ: So, in November of last year was when the special counsel, Jack Smith, was named by Attorney General Merrick Garland as being the one who would oversee these two probes, the one into the classified documents, the mishandling of those at Mar-a-Lago, and this, the investigation into the former president's efforts to subvert the 2020 election, to overturn the 2020 election, what he potentially did to obstruct proceedings in Congress, and all of the potential conspirators that he worked with to do that.

So, since then, the special counsel has interviewed -- his team has interviewed a number of people that could potentially have information about what exactly the president did, what he knew, what he tried to exert - - how he tried to exert his influence.

Some of those people are his own vice president, Mike Pence, who we know testified to the grand jury.

We also know that Brad Raffensperger, the Georgia secretary of state, testified.

And we also know that recent reports show that Rudy Giuliani, a former attorney to the president, who was someone that we all heard repeatedly lie about the 2020 election, spoke for eight hours to federal investigators about this probe.

And he's not named in this indictment, as far as we can tell so far.

It's a pretty thick indictment.

But he is someone that could very well end up facing charges, be it from the Justice Department or be it from Fulton County's district attorney, which is another potential where -- venue where criminal charges are going to come.

GEOFF BENNETT: Yes, expected by the end of this month, potentially.

Laura, the former president has been posting real-time reaction to this case.

In fact, we learned that he received a target letter because he was the one who posted it on his TRUTH Social platform.

What he's saying this evening about all this?

LAURA BARRON-LOPEZ: Yes, it was a lengthy statement, Geoff, and it was from his campaign.

So -- though I want to go to this one first from his campaign, because it's just striking the language that his campaign used in response to this news of the indictment.

His campaign said that -- quote -- "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."

It's a stunning statement, especially with -- we have all spoken to historians about the historic nature of these investigations, the fact that a former president is being investigated, and I think all the historians that we have spoken to would say that that's not an accurate statement and would say that, in fact, the fact that the U.S. is investigating, that the U.S.' justice system is looking into this is a sign that we are not living in a Nazi or authoritarian regime.

But the president also on TRUTH Social, as you mentioned, Geoff, did post not too long ago, the former President Trump posted, and he compared this entire investigation -- he said that Jack Smith is trying to interfere in the 2024 election cycle.

Sounds familiar?

Because that is exactly what the former president has been running on in his campaign since 2020.

AMNA NAWAZ: Laura Barron-Lopez is going to stay with us.

I want to bring in a couple of guests who have also been following this breaking news.

Mary McCord joins us now.

She's director of Georgetown University's Institute for Constitutional Advocacy and Protection.

Also with us is Jessica Roth.

She's a former federal prosecutor.

Welcome to you both.

Thanks for being with us.

Jessica.

I know you have both been making your way through this indictment, 45 pages, as we just received a short time ago.

Let me just ask, what stands out to you about what you have been able to review so far?

JESSICA ROTH, Former Federal Prosecutor: Well, it is the sweeping indictment that we were anticipating, alleging a broad scheme to subvert the election and to interfere with the peaceful transfer of power.

I am still making my way through it.

But the allegations are shocking, even though they were expected.

This really was an attempted coup.

And so it is a very somber day in our country to be reading this narrative account about what the former president attempted to do.

GEOFF BENNETT: Mary McCord, the indictment accuses the former president of three conspiracies, one, defrauding the U.S., two, obstructing an official government proceeding, and then, thirdly, depriving people of civil rights provided by federal law or the Constitution.

If you could, walk us through those three charges, and help us understand how the special counsel would have arrived at them.

MARY MCCORD, Former Justice Department Official: Sure, all three are charged as conspiracies.

Now, there is also a separate direct charge of obstructing an official proceeding, the congressional proceeding on January 6.

But the three conspiracies would be the result of Jack Smith spending many, many months, as we just discussed, investigating the full scope of the scheme.

And that scheme had multiple prongs.

And, frankly, those multiple prongs are very similar to what we learned from the House Select Committee in its many hearings last summer and its final report.

This includes -- involved the scheme to propound false theories that the election had been stolen, to organize fraudulent slates of electors in the swing states to meet on the date that the Electoral College met and to send the their ballots into the vice president to be counted, to pressure the Justice Department, to pressure state legislators to find the votes to declare Trump the winner, to pressure Vice President Pence to reject the ballots from the swing states for Joe Biden and instead either accept the ballots for Trump or send these cases -- these electoral ballots back to the states to decide.

And then, finally, to sit -- sit without taking action during the many hours of the violent attack on the Capitol.

So, this is a -- the first count, this effort to defraud the United States in its functions, it is the function of the United States government to ensure the peaceful transition of power.

It's constitutionally required that both houses of Congress will meet to count the Electoral College ballots.

So, this entire scheme undermined that.

The conspiracy to obstruct the official proceeding is specifically targeted to that proceeding on January 6.

It's the same charge that many of the violent attack -- attackers have been charged with.

But, here, we're talking about the people doing the white-collar work to set up the obstruction of that counting of the Electoral College votes.

And, remember, it was obstructed for at least six full hours.

And then the last count, Section 241 of the Title 18 of the U.S. Code is about a conspiracy not to count the ballots of the voters in this country by, you may recall, among other things, immediately after the Election Day, Donald Trump said, stop the counting, right?

And that whole entire conspiracy to try to not count those ballots, and thereby deprive people of their rights to vote and have their votes counted, that is that basis for that third conspiracy.

AMNA NAWAZ: I just want to note for our viewers following along at home we do expect a statement very shortly from the special counsel Jack Smith.

We will join that live in progress as it unfolds.

You see another official at the podium at this moment.

Our guests will continue to stay with us as well.

Mary McCord, if you can, very briefly -- and we will try to join this live -- Jessica mentioned what this day means in the history of the United States.

Have you had a moment to reflect on that briefly, how to read this kind of indictment at this moment?

MARY MCCORD: Well, I'm still trying to read the indictment.

But I have certainly skimmed through it.

And we have been anticipating this for some time.

I mean, I think this is a situation where accountability for the former president is so critical.

It's critical to our democracy.

It's critical to the rule of law.

And it's critical in the eyes of the world, not just Americans, because other democracies have faltered when they cannot actually have a peaceful transition of power.

They have faltered when people in their -- in those countries are willing to commit violence against the government, sometimes under -- at the direction of leaders who seek to stay in power, very much like the former President Donald Trump.

And so the fact that we can have accountability here -- and this is just the beginning, right?

We are at the beginning of the charges.

We have a whole process to go through to give Mr. Trump his due process and to get to trial.

GEOFF BENNETT: But, Jessica Roth, in about 30 seconds or so, help us understand the burden of proof the special counsel had to meet in order for this federal grand jury to hand up an indictment.

And apologies in advance if I have to cut you off.

JESSICA ROTH: The burden of proof is probable cause.

That is the standard at the grand jury stage.

It is far lower than this -- the proof beyond a reasonable doubt standard that he would have to satisfy to convict Mr. Trump at trial.

GEOFF BENNETT: And pull back the curtain a bit more.

Help us understand what was happening, so far as you can tell us based on your vast experience, inside that room.

I mean, what was the -- what sort of quorum did they need?

And what was the -- what was the ultimate vote that they would need in order for the grand jury to decide that, yes, an indictment was warranted?

JESSICA ROTH: So, there are 23 members of the grand jury.

You need 12 of them, so a simple majority, to vote that they think that there is probable cause to indict the president for these crimes.

So, as I said, that is a much lower standard than the standard that it has to be met eventually at trial.

What's been happening, I believe, over the last couple of days of presentation... GEOFF BENNETT: And, Jessica, if I may, let's go straight away now to the special counsel, Jack Smith.

JACK SMITH, Special Counsel: Good evening.

Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding.

The indictment was issued by a grand jury of citizens here in the District of Columbia.

And it sets forth the crimes charged in detail.

I encourage everyone to read it in full.

The attack on our nation's Capitol on January 6, 2021, was an unprecedented assault on the seat of American democracy.

As described in the indictment, it was fueled by lies, lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation's process of collecting, counting and certifying the results of the presidential election.

The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes.

There are patriots and they are the very best of us.

They did not just defend a building or the people sheltering in it.

They put their lives on the line to defend who we are as a country and as a people.

They defended the very institutions and principles that define the United States.

Since the attack on our Capitol, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day.

This case is brought consistent with that commitment.

And our investigation of other individuals continues.

In this case, my office will seek a speedy trial, so that our evidence can be tested in court and judged by a jury of citizens.

In the meantime, I must emphasize that the indictment is only an allegation and that the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

I would like to thank the members of the Federal Bureau of Investigation who are working on this investigation with my office, as well as the many career prosecutors and law enforcement agents from around the country who have worked on previous January 6 investigations.

These women and men are public servants of the very highest order, and it is a privilege to work alongside them.

Thank you.

QUESTION: Why didn't you charge any of the other co-conspirators, Mr. Smith?

GEOFF BENNETT: That was special counsel Jack Smith.

And he's not responding to shattered questions there in the room.

Jessica Roth, I cut you off -- apologies again -- as we went to listen to what the special counsel had to say.

Fill me in.

How does that -- how does all of that strike you?

JESSICA ROTH: Well, I anticipated that we would be hearing from him after the indictment was unsealed.

That's consistent with the practice in Florida, when that indictment was unsealed, that we heard very brief remarks from the special counsel.

So, again, here, after the indictment was unsealed, we heard very brief remarks, which I thought were appropriate, really laying out the basic allegations here and how significant they are, and how important, essentially, it was to bring these charges to defend our democracy.

And, again, it's appropriate that he didn't take questions.

But I thought -- I think it's important that the American people hear from the special counsel to acknowledge these charges and to speak about their significance, and then also to remind people that these are allegations in an indictment that are supported by probable cause, the low standard you and I were speaking about a moment ago, as determined by the grand jury, but that the defendant, this defendant, like all others, is entitled to the presumption of innocence, until he is proven guilty beyond a reasonable doubt at trial.

I'm also struck by his emphasis on the fact that the government would seek a speedy trial here, as it has with respect to the other charges brought by the special counsel.

That will certainly be a challenge given the crowded calendar that Mr. Trump is facing in all of his other cases.

But I expect we will be hearing more in coming days about the scheduling of this matter.

And, on that point, I am struck, in reading the indictment, that it is only Mr. Trump, who is named here, that, even though there are clearly other co-conspirators who the government believes it has evidence to charge, they are not including that in this initial indictment, most likely in an effort to keep things streamlined, to make the chances of a trial before the general election more possible.

AMNA NAWAZ: Mary McCord, talk to us a little bit more about the potential timeline ahead.

Jack Smith did repeat that phrase here, saying he'd like to seek a speedy trial.

He also said that when unsealing the previous indictment related to classified documents against former President Trump.

I need not point out to you that we are facing an election year ahead.

Is there -- is there any way this trial unfolds before that election?

MARY MCCORD: I do think there's a way.

And I'd agree with Jennifer that I think the reason that this first indictment just names Donald Trump is in an effort to make sure that you're not dealing with multiple co-defendants, and there are all their attorneys and all of their motions.

I can make, I think, a pretty well-educated guess about some -- who some of those other co-conspirators are.

And Jack Smith did make clear that the government is still continuing to investigate.

So I suspect we may see indictments coming down the pike that involve those co-conspirators.

But, for right now, I think a couple of things are possible.

Alvin Bragg, the district attorney in Manhattan, did state over the weekend that if he needed his trial date to yield to a federal trial, he was willing to agree to that.

So, that could open up some space there in the spring before the Mar-a-Lago trial that is scheduled in May.

I believe Mr. Bragg's case was scheduled for trial in March.

The Mar-a-Lago case is scheduled in May.

It's also possible that the Mar-a-Lago case will get bumped even later because of the addition of three new counts and a new defendant in that case last week with a superseding indictment.

So, I think we also have the potential, of course, of a Georgia indictment.

But I do think this one is one that's going to be very much prioritized in the timing.

And I do think it is possible to get to trial before the election, and preferably even before the conventions.

GEOFF BENNETT: Our White House correspondent, Laura Barron-Lopez, is still with us.

Laura, picking up on the point that Mary made about this investigation continuing, the special counsel investigation, even in light of these two indictments, help us understand, based on your reporting, where could this investigation go?

Could the special counsel -- is the special counsel coordinating with prosecutors in Arizona and Michigan, where we know there are active investigations into the fake electors scheme?

LAURA BARRON-LOPEZ: Well, as far as we know, there haven't necessarily -- there hasn't necessarily been coordination between the special counsel and the investigation in Georgia's Fulton County.

But we do know that that one could be coming very soon.

And, also, what was striking to me, to this point, exactly, Geoff, that the special counsel said, was, the investigations of other individuals continue.

And when you're looking at this indictment, there's Co-Conspirator 1, an attorney who was willing to spread knowingly false claims and pursue strategies that the defendant's 2020 reelection campaign attorneys would not pursue.

There's also one about an attorney who assisted in devising and attempting to implement a plan to submit false electors.

That sounds a little bit like John Eastman, who was a conservative attorney that was advising the president throughout this entire period, and was actually talking to state legislatures about submitting false electors, slates of false electors.

And I'm also thinking about Sidney Powell, another attorney that was really working in the states to try to overturn different elections, as well as, again, Rudy Giuliani, who I mentioned earlier, because we do know that he could either be a target in the DOJ investigation, as well as a target of Georgia's Fulton County investigation.

AMNA NAWAZ: Laura, we heard the special counsel also say this was a conspiracy fueled by lies, right?

That is the election lie that Mr. Trump believed he actually won, or claimed to say he actually won the 2020 election.

And it strikes me -- you're covering the politics of all this -- that continues to hold, that lie, especially among many of Mr. Trump's supporters.

Where do you think and how do you think this latest indictment now becomes a part of the narrative for his election campaign?

LAURA BARRON-LOPEZ: I think that every time we have seen -- well, the data is there.

Every time we have seen the president be indicted, his base rallies around him, Republican voters rally around him, his poll numbers go up.

He's only increased.

Now he's leading by some almost 58 percent among Republicans in the primary electorate.

He's leading Ron DeSantis by double digits.

And so this is something that he's used to his advantage when he's running right now for a second term in office.

And it's also basically what his entire reelection campaign is about.

It is about him being prosecuted, persecuted.

It is about him saying that they're coming after me also means that they're coming after you, and just using it in every single stump speech as he tries to argue that the DOJ is being weaponized.

AMNA NAWAZ: White House correspondent Laura Barron-Lopez on a historic day joining us here in studio.

Also, thank you to Mary McCord, director of Georgetown University's Institute for Constitutional Advocacy and Protection, and to Jessica Roth, former federal prosecutor.

Thank you to both.