Donald Trump became the first U.S. president to be criminally charged after he handed himself into authorities in New York, facing 34 counts of falsifying business records in relation to a $130,000 hush payment to adult film star Stormy Daniels.
Trump, who pled not guilty, believes the case is politically motivated and has characterized Manhattan District Attorney Alvin Bragg's investigation as a "witch hunt".
Some of Trump's supporters have speculated the cases against Trump, of which Bragg's is one among several, were orchestrated by President Joe Biden and his team.
The Claim
A tweet by user @DC_Draino, posted on April 3, 2023, viewed three million times, claimed: "And there it is - he said the quiet part out loud
"Biden all but confirmed that his team is coordinating these Trump indictments to "stop Trump from taking power again."
The tweet included a video in which Biden said: "We just have to demonstrate that he will not take power by, if we, if he does run. I'm making sure he, under legitimate efforts of our Constitution, does not become the next President again."
The Facts
Before we delve into the context of the video shared on Twitter, it's worth noting the wording of this tweet has a number of interpretable meanings.
The tweet mentions "indictments"; this could be a reference only to the multiple felony charges Trump was presented in New York, or also to the many other legal challenges he is preparing for elsewhere.
These include January 6 inquiries, a criminal inquiry into election interference in Georgia, a classified documents inquiry following the raid on Mar-a-Lago in 2022, and a New York State Civil inquiry examining whether he fraudulently overvalued assets.
The tweet also mentions Biden's "team" was "coordinating" these indictments.
This appears to refer to when Biden says: "We just have to demonstrate that he will not take power." The "we" could refer to efforts by Biden's cabinet, a list of other allies in federal and state and federal legislature, or even U.S. voters.
It's not entirely clear what Biden means by "we". In any case, his comments aren't clear enough to make concrete claims as the tweet does.
The video was filmed at a White House press conference on November 9, 2022, shortly after voters turned out for the midterm elections.
Following a discussion about the contest, Biden moved on to questions from the press during which he was asked about the prospect of Trump running for president in 2024 (which Trump announced six days later).
CNN's Phil Mattingly asked how other world leaders would view that moment, to which Biden responded non-specifically, mentioning the economy and international perception of the U.S.
Mattingly pressed on, asking whether the midterm elections had broken a feverish mood in U.S. politics and political conversations. Biden mentioned meeting other leaders of the G7 and their view of the U.S. following the January 6 attack.
"And so, they're very concerned that we are still the open democracy we've been and that we have rules and the institutions matter," Biden said.
"And that's the context in which I think that they're looking at: Are we back to a place where we are going to accept decisions made by the Court, by the Congress, by the government, et cetera?"
Mattingly quizzed what Biden could do to reassure world leaders that "the former President will not return or that his political movement, which is still very strong, will not...once again take power in the United States?"
Biden's response was as seen in the video clip shared by user @DC_Draino. This entire exchange, including the clip shared on Twitter, can be viewed in the video below from 20:03 onward.
As the footage and transcript show, the discussion was couched firmly in conversation that referenced the January 6 Capitol attacks.
Referencing the riots, Biden said that "nothing like this has happened since the Civil War" and leaders had asked him the question whether the U.S. was "the same democracy we've always been".
When the conference was held on November 9, 2022, the January 6 committee was still yet to make its recommendations of four separate charges for Trump and his associates.
We cannot rule out the possibility that the president may have had knowledge of a looming indictment but there are reasons to doubt this.
Firstly, Biden nor the White House are involved in the indictment as it's not a federal charge. Furthermore, even if Trump is charged, there are no restrictions within the Constitution to restrict him from office.
Therefore, Biden's reference to using the "legitimate efforts of our Constitution" to prevent Trump from running appears to mean something else.
For example, some have argued (although not all agree) that Section 3 of the 14th Amendment which bars any official who has "taken an oath" to protect the Constitution from engaging "in insurrection or rebellion" or "giving aid or comfort to the enemies thereof" could keep Trump out the White House.
These "legitimate efforts of our Constitution" could also be voting to keep Trump out of office in a presidential election.
Furthermore, Biden doesn't say that he is going to "stop Trump from taking power" despite the direct quote by DC_Draino. A strong implication of "stop" in the context of DC_Draino's tweet is a denial of fair process.
But Biden expressly says he wants to ensure Trump does not take office using "legitimate efforts of our Constitution". Again, this may simply mean via successfully campaigning against him in an election.
No matter the interpretation, the clip alone does not provide enough material to suggest that Biden was talking about either this indictment or the prospect of others. It could refer to the January 6 investigation, other legal challenges or other avenues, such as elections, that would prevent Trump from entering the White House.
Despite his indictment, it has been speculated that Trump's lawyers could request any trial be put back until after the 2024 election.
According to data from New York's division of criminal justice services, in the first three quarters of 2022, the average criminal case in Manhattan took more than 900 days (over two years) to move from indictment to a trial verdict, reported Reuters.
If this time frame is applied to Trump's case, then this would push any potential trial way past Election Day in November 2024. There is also the caveat that any trial involving a U.S. president is unprecedented, meaning that proceedings could take even longer.
Newsweek has contacted the White House for comment.
The Ruling
Misleading Material.
The clip shared from Twitter was taken from a White House press conference on November 9, 2022. Biden's comments had followed on from a much longer conversation about January 6, when the Congressional committee for investigating those events was still yet to make recommended charges.
This suggests his comments were likelier a reference to the events of January 6 and the investigation therein.
While we cannot rule out the possibility that Biden may have thought about the potential for indictments, there is no clear evidence the president had advance knowledge of the Bragg case or full knowledge of the progress of Trump's other legal challenges.
Furthermore, Biden's reference to using the "legitimate efforts of our Constitution" to keep Trump from the White House is imprecise and open to interpretation. He may mean U.S. election campaigning.
Additionally, the tweet inaccurately quotes Biden, saying he would "stop Trump from taking power again."
FACT CHECK BY Newsweek's Fact Check team
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Fact Check: Clip of Biden Saying He'll 'Stop Trump' Taking Power - Newsweek
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