DeSantis says Trump should have acted ‘more forcefully’ on January 6 as ex-president braces for third indictment

Ron DeSantis believes Donald Trump should have told his supporters more forcefully to stop rioting on January 6, 2021 — but said it’s wrong to criminalize that failure.

Florida’s governor and 2024 presidential candidate said the system needs to be adjusted so the opposing sides don’t make it their goal to put the other behind bars.

Trump revealed Tuesday that he received a letter from Justice Department special counsel Jack Smith informing him that he is a target of the investigation into the January 6 attack on the Capitol.

“I think it was shown how [Trump] was in the White House and did nothing while things were going on,” DeSantis said at a news conference Tuesday. “He should have come out more forcefully.”

He added: “But to criminalize that, that’s quite another.”

Comes after Trump revealed on Truth Social on Tuesday that he had received a letter from Special Counsel Jack Smith informing him he is a target of the Jan. 6 investigation — meaning an indictment is likely to come soon

“I think we want to be in a situation where you don’t have one side, but you’re constantly trying to put the other side in jail,” DeSantis said. “And that’s unfortunately what we’re seeing now.”

Trump has been repeatedly criticized for his inaction on January 6, 2021, when his supporters descended on the US Capitol to protest the results of the 2020 presidential election.

Harshest of all are the critics who argue that Trump fomented the riot and is therefore responsible for the actions of his supporters.

The DOJ’s January 6 investigation could lead to Trump receiving his third indictment.

In a post to his Truth Social account on Tuesday, the former president said he received the letter at a Sunday night dinner, confirming he is the subject of a criminal investigation into the U.S. Capitol riot.

The riot is being investigated along with efforts by Trump and his circle to overturn the 2020 election results.

Trump said he would “almost certainly” be arrested and charged. The letter gave him four days to respond.

Trump also had a chance to speak to the grand jury at the federal courthouse in Washington DC later this week

Special counsel Jack Smith (pictured) already charged Trump with 37 felonies last month alleging he illegally kept classified documents at his Mar-a-Lago estate

In the Truth Social post, the ex-President attacked special counsel Jack Smith, claiming the investigation was “election interference” and accusing President Joe Biden of “going after his number one political opponent.”

Trump still has a leading poll against other 2024 Republican candidates, but may now face three criminal trials to coincide with campaign season.

DeSantis is the only other candidate besides Trump to consistently earn double-digit support in national polls.

The latter could lead to charges of obstructing official proceedings related to the Jan. 6 Electoral College count of Congress, as well as defrauding the administration over a “phony voter schedule.”

“The deranged Jack Smith, Joe Biden’s DOJ prosecutor, sent a letter (again, it was Sunday night!) stating that I am an OBJECTIVE of the Jan. 6 Grand Jury Inquiry, and gave me a very short 4 days to to report to the Grand Jury, which almost always means arrest and indictment,” Trump wrote in a post on his social media platform.

Smith is leading the Justice Department’s investigation into efforts by Trump and his allies to overturn the results of the 2020 presidential election. He is also responsible for investigating Trump’s handling of classified material found at Mar-a-Lago after his departure.

If Trump receives a target letter, investigators will have gathered substantial evidence linking the recipient to the crime. It indicates that an indictment is approaching.

Usually such letters invite the recipient to appear before a grand jury to present evidence.

The New York Times reports that Trump is expected to decline the invitation to appear.

DeSantis said the system needs to change where one side isn’t always trying to put the other behind bars. Pictured: Rioters descend on the Capitol on January 6, 2021 to protest the 2020 election results

Jared Kushner (left), Trump’s son-in-law who served as White House adviser, and Rudy Giuliani (right), Trump’s personal attorney, have already spoken with prosecutors

Attorney General Merrick Garland appointed Smith in November.

Part of his research examines testimony and documents related to fundraising, Trump’s rally prior to the January 6, 2021 uprising, and communications between Trump associates and election officials in battlefield states.

Smith subpoenaed local election officials in Wisconsin, Michigan, Arizona and Pennsylvania in December asking for communications with or involvement from Trump, his 2020 campaign aides and other allies involved in his efforts to overturn Biden’s victory.

Trump’s son-in-law Jared Kushner, who was a White House adviser, and his personal attorney Rudy Giuliani also spoke with prosecutors.