A Trump Jan. 6 indictment would be bad news for DeSantis: ex-Bush aide

A third indictment of former President Donald Trump  – this time in relation to the January 6, 2021 Capitol riot – is undoubtedly a legal risk, but could further galvanize his 2024 campaign and suck the oxygen out of rival Ron DeSantis and other fledgling GOP presidential hopefuls, a former Bush aide told Fox News.

Trump said he received a letter from Special Counsel Jack Smith stating that he is the target of a Jan. 6 grand jury investigation on Tuesday. The former president said he initially received the letter on Sunday and said he expects to face both an arrest and indictment. A government source with direct knowledge of the indictment told Fox News Smith’s office sent Trump a target letter.

After the indictment, Smith was seen nonchalantly ordering a hoagie to-go from a Florida Subway, which a CNN program claimed was a "message to Trump." On "The Story," former Bush speechwriter Marc Thiessen argued the real message is to DeSantis and other presidential hopefuls –  Trump is about to see another marked jump in the polls.

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"DeSantis cannot be happy this is happening because it's helping Trump win the nomination," he said, calling the possible indictment a "multi-million-dollar in-kind contribution" to the 45th president's campaign.

He noted how after New York County District Attorney Alvin Bragg indicted Trump on felony falsification of business records charges, his poll numbers and campaign coffers increased despite the legal threat the charges ultimately posed.

The same occurred when Smith indicted Trump in connection with the FBI's raid on his Mar-a-Lago compound, where they allege he illegally purloined classified documents. 

Trump has argued he did not break the law in that case, and many of his defenders cite the "Bill Clinton's Socks" case of 2012 and the Presidential Records Act of 1978 in response.

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"Before the Bragg indictment, Donald Trump was wallowing in the low to mid 40s in the Republican primary," Thiessen later added, noting how Trump's lead on DeSantis has slightly widened.

Trump currently enjoys a 14-point lead over DeSantis, who then leads South Carolina Sen. Tim Scott by another 15 points.

Below Scott sit North Dakota Gov. Doug Burgum and ex-New Jersey Gov. Chris Christie at 6% each, with the rest of the field further down.

When asked by reporters in Columbia, S.C., about Trump's latest reported indictment, DeSantis said America has "seen… an attempt to criminalize politics and to try to criminalize differences."

"I don't know what was all about that, but I do know that we look at institutions, unfortunately, like our own FBI and Department of Justice, and we've seen the politicization of those institutions."

On "The Story," Los Angeles civil rights attorney Leo Terrell said Trump's indictment is "horrible" because of how the Democrats have "weaponized" the DOJ.

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He pointed to the feds' treatment of Trump's alleged infractions and serious allegations against what he called "the Biden Crime Family."

"Politically, it's not hurting President Trump because the American people understand they are politically motivated," he added.

Terrell further predicted Trump will win the 2024 presidential election, becoming the second president to serve two nonconsecutive terms, after former New York Democratic Gov. Grover Cleveland – who was defeated by former Sen. Benjamin Harrison, R-Ind., in 1888 but regained the presidency after Harrison served one term.

Fox News' Paul Steinhauser contributed to this report.