Former US attorney general says Trump ‘should serve time’ if convicted

Former Attorney General Alberto Gonzales on Friday said former President Trump “should serve time” if he is convicted on federal charges related to his efforts to overturn the 2020 election. 

“If in fact he’s convicted of the crimes charged by Jack Smith and the Department of Justice …yeah, I think he should serve time, quite frankly,” Gonzales, who served in former President George W. Bush’s administration, said in an interview with former White House press secretary and MSBNC host Jen Psaki. 

“There are people that on Jan. 6, went to the Capitol — maybe not at the clear direction of [former] President Trump — but certainly, he did nothing to stop what happened that day,” Gonzales continued. 

Gonzales said he thinks it would be “fair” for Trump to go to prison if he is successfully prosecuted by special counsel Jack Smith, while noting “we’re a long way from there.” 

A Washington grand jury indicted Trump earlier this month over his efforts to remain in power after losing the 2020 election. In its 45-page indictment, the Justice Department (DOJ) alleged Trump led a campaign of “dishonesty, fraud and conceit,” to obstruct a “bedrock function” of a democracy. 

Trump faces four counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. 

The two charges relating to obstructing an official proceeding carry a maximum sentence of 20 years in prison, while conspiracy against rights carries a maximum sentence of 10 years and conspiracy to defraud the United States carries a maximum five-year sentence. 

Federal prosecutors allege Trump led a conspiracy to defraud the U.S. and was central to a campaign to stop the certification of votes on Jan. 6, 2021. The indictment accuses Trump of violating the rights of millions of Americans to cast a vote for a candidate of their voice, a right guaranteed in the Constitution.

The DOJ proposed Jan. 2 for the start date for the case’s trial, while Trump’s team suggested a start date in April 2026. 

Trump also faces charges related to efforts to overturn the 2020 election in Georgia, as well as a separate federal indictment over his handling of classified material and charges in Manhattan connected to a hush money payment.