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A midnight deadline for Donald Trump to signal his intent to testify before a Washington, DC grand jury hearing evidence against him has come and gone, moving the twice-indicted ex-president a step closer to facing yet another set of criminal charges stemming from his effort to remain in office against the will of voters after losing the 2020 presidential election to Joe Biden. On Tuesday, Mr Trump publicly acknowledged receipt of a so-called “target letter” from the office of Jack Smith, the Department of Justice special counsel who is charged with overseeing multiple investigations into the former president’s conduct. Mr Smith, who in June obtained a 38-count indictment against Mr Trump and longtime aide Walt Nauta arising out of a probe into the ex-president’s alleged unlawful retention of national defence information at his Palm Beach, Florida home, has also been presenting evidence to a grand jury in the nation’s capital that has been focused on the events leading up to the Jan 6 attack on the Capitol, including Mr Trump’s efforts to overturn his loss to Mr Biden. According to sources familiar with the matter, the letter to Mr Trump informed him that the department is considering charging him with conspiracy to defraud the United States, obstruction of an official proceeding and deprivation of civil rights under colour of law, and set a midnight Thursday deadline for the ex-president to say whether he would appear before the grand jury to give evidence on his own behalf. While the first two potential charges are brought frequently in federal court and have been used against a significant number of the hundreds of defendants who’ve faced charges for participating in the Capitol attack, the third potential charge – deprivation of civil rights under colour of law – would be brought under an 1871 statute first enacted for use against the Ku Klux Klan during Reconstruction. While that century-old statute was first enacted to give the government tools to fight the Klan’s racist terrorism in the post-Civil War era, in modern times it has routinely been deployed by prosecutors in cases of voter suppression or election fraud. A member of the ex-president’s legal team contacted by The Independent did not say whether Mr Trump would indeed testify, but it is highly unlikely that he would do so since his answers before the grand jury could be used against him. Grand jury probe examines Trump’s involvement in fake elector scheme and pressure campaign against Mike Pence The deadline for Mr Trump to avail himself of the invitation to appear before the grand jury, that could soon add significantly to the legal burden he is facing as he seeks his party’s nomination in next year’s election, comes as prosecutors have continued to present evidence pertaining to the ex-president’s actions before and during the Capitol attack. A crowd of Trump supporters temporarily interrupted the joint session of Congress at which the electoral votes cast in line with voters’ preferences were opened and counted under the supervision of then-vice president Mike Pence. Mr Pence, who was forced to retreat to an underground parking area while a riotous mob rampaged through the building and called for him to be hanged, is one of the numerous witnesses who have given evidence under questioning from Mr Smith’s team. In April, he testified for more than five hours regarding his interactions with Mr Trump in the period leading up to the joint session, though a federal judge ruled that he did not have to give evidence on anything pertaining to his actions while presiding over the Senate or the January 2021 joint session. Prosecutors have been questioning witnesses and gathering evidence to shed light on what Mr Trump knew, said and did in the period between the 3 November 2020 general election and the January 2021 Capitol attack. In particular, they have been attempting to elicit answers from witnesses regarding what Mr Trump knew about efforts being made on his behalf to submit forged electoral college certificates indicating he had prevailed in swing states that were actually won by Mr Biden to the National Archives and to Mr Pence in his role as president of the Senate. They have also been investigating the pressure campaign the former president mounted to convince the then-vice president that he had the power to unilaterally disregard the legitimate electoral certificates in favour of the fake ones as a way to declare himself and Mr Trump victorious even though they had not won the election. Prosecutors have also reportedly questioned multiple elected officials from swing states won by Mr Biden, including Georgia secretary of state Brad Raffensperger, who Mr Trump infamously pressured to “find” enough non-existent votes to reverse his loss in a recorded phone call that was first reported by The Washington Post. A subpoena to Mr Raffensperger’s office demanded that he turn over election-related CCTV footage from State Farm Arena, the Atlanta sports venue that was used as a polling location and ballot counting site. Prosecutors sought testimony from Trump’s inner circle in Jan 6 probe In addition to Mr Pence, Mr Smith’s team has also questioned multiple former Trump administration officials who served at the highest levels. The former senior Trump White House officials who’ve been called before the grand jury include Marc Short, a longtime aide to and confidante of Mr Pence who served as the ex-vice president’s chief of staff during the time period at issue, former White House counsel Pat Cipollone, Mr Pence’s former counsel, Greg Jacob, and ex-Trump senior policy adviser Stephen Miller. Mr Smith’s team has also compelled testimony from Jared Kushner, Mr Trump’s son-in-law who served in the White House and on Mr Trump’s 2020 campaign as a senior adviser, former counsellor to the president Hope Hicks and Mark Meadows, the ex-North Carolina congressman who served as Mr Trump’s final White House chief of staff from April 2020 through January 2021. The Independent has previously reported that Mr Meadows has been testifying pursuant to a cooperation agreement with prosecutors. Even as recently as Thursday afternoon, Mr Smith’s team was still questioning one ex-White House staffer, ex-special assistant to the president and deputy advance director William Russell. Mr Russell, who still serves as one of Mr Trump’s personal aides, was making a repeat appearance before the grand jury, according to sources familiar with the matter who asked not to be identified because grand jury proceedings are secret. It is understood that prosecutors also intended to spend part of Thursday questioning a former Trump campaign staffer who specialised in election data analysis. Although prosecutors could have asked grand jurors to vote on whether to approve an indictment of the ex-president this week, it is understood that prosecutors are more likely to take that final step on either Tuesday or Thursday of next week, the two days on which the grand jury is scheduled to meet. Read More Trump shares sinister new video issuing apocalyptic threat to anyone who ‘f***s around with us’ Trump bid to toss E Jean Carroll ruling backfires as judge says ex-president did ‘rape’ columnist DeSantis says he’d accept Trump being prosecuted for a ‘traditional crime’ like ‘robbing a bank’ Trump, January 6 and a conspiracy to overturn the 2020 election: The federal investigation, explained Former Trump State Department official convicted for attacking police during Capitol riot

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Senator Lindsey Graham defended himself after a former CIA head called him a "spineless coward" for refusing to condemn Donald Trump’s alleged mishandling of classified documents. Mr Graham said his opposition to Mr Trump's second indictment related to the documents and his beliefs that sensitive materials must be handled properly are not contradictory. "I'm very concerned about mishandling classified information," he told The Independent. "I'm also very concerned about ... equal treatment under the law. Those two things are not inconsistent." His comments come after former CIA director John Brennan called him a "spineless coward" for defending the former president. “That is why I find it so, so disheartening and It makes me angry when I hear people like Lindsey Graham make excuses and apologies for Donald Trump," Mr Brennan said during an appearance on MSNBC. “Those are the words of a spineless coward, quite frankly, who is frightened by Donald Trump and is frightened by those individuals who still cling to an image of Donald Trump as being this very strong leader, which he is not.” Mr Graham defended Mr Trump during an ABC News interview on Sunday, arguing his second indictment would make him "stronger" in his re-election campaign. The senator insisted that Mr Trump's investigation is no different than the Hillary Clinton email scandal — despite their being notable difference between those situations — and argued that the former president had been "overcharged" through the use of the Espionage Act. "Did he do things wrong? Yes, he may have. He will be tried about that. But Hillary Clinton wasn't," he told ABC News's George Stephanopoulos. When Stephanopoulos pressed Mr Graham on the audio recordings of Mr Trump discussing the secret information and admitting he had not declassified it when he was in office, Mr Graham claimed ignorance. "I don't know what happened; I haven't heard the audio," Mr Graham said. "But look at who's been charged under the Espionage Act: Julian Assange, Edward Snowden, Chelsea Manning -- people who turned over classified information to news organizations ... or provide it to a foreign power. That did not happen here." Each time Mr Graham was confronted with the evidence against Mr Trump, he deflected to Ms Clinton, prompting Stephanopoulos to tell him that she had been fully investigated and that no charges were brought against her. Mr Graham dismissed that explanation saying "yeah right" and "give me a break." No evidence was found that Ms Clinton intended to "communicate classified information on unclassified systems," according to the investigation's findings. That report also noted that Ms Clinton's emails were not marked in a way that would inform her of their classification status. The evidence against Mr Trump includes the previously stated audio recording, but also allegations that he worked to conceal the records from federal authorities after they asked for their return. Both Joe Biden and former Vice President Mike Pence were also found to have sensitive documents in their personal possession, but they cooperated with authorities to return those documents — a key difference between their situations and Mr Trump's. With reporting from Eric Garcia Read More What time is Trump’s arraignment and will it be live-streamed? Donald Trump arrives at federal court to face 37-count indictment in Mar-a-Lago documents case Trump will not be handcuffed or asked to pose for mugshot at Miami arraignment Ivanka and Jared split over attending Trump 2024 launch – follow live Why was Donald Trump impeached twice during his first term? Four big lies Trump told during his 2024 presidential announcement