Trump's Legal Troubles: Did He Break The Law?

Former US President Donald Trump has been involved in a plethora of legal cases, with over 4000 cases in US federal and state courts between 1973 and 2016. Trump has been accused of sexual assault, sexual harassment, tax evasion, fraud, and racketeering, among other charges.

In 2022, the FBI searched Trump's Mar-a-Lago estate, seizing boxes of sensitive government records and classified documents. This led to investigations by the Department of Justice and the House Select Committee, which is examining whether Trump broke five laws, including obstructing an official proceeding, conspiracy to defraud the government, and inciting a rebellion.

Trump has also been indicted on four charges related to his conduct following the 2020 election, including conspiracy to defraud the United States and obstructing an official proceeding. He pleaded not guilty and is awaiting trial.

In addition, Trump was convicted of multiple counts of falsifying business records related to hush money payments to adult film actress Stormy Daniels. He was also convicted of 34 felony counts in May 2024, becoming the first US president to be convicted of a felony.

Trump is currently facing multiple investigations and lawsuits, with ongoing legal battles in Georgia and New York. He has denied any wrongdoing and is appealing many of the charges against him.

Did Trump break the law by mishandling classified documents?

In August 2022, the FBI searched former US President Donald Trump's Mar-a-Lago estate and recovered over 13,000 government documents, including 300 classified files. This led to a federal criminal case against Trump, his personal aide and valet Walt Nauta, and Mar-a-Lago maintenance chief Carlos De Oliveira.

The case marks the first federal indictment of a former US president. Trump was charged with 40 felony counts, including 31 counts of retaining and failing to deliver national defence documents under the Espionage Act, and eight individual counts, including conspiracy to obstruct justice, withholding a document or record, and making false statements.

Trump pleaded not guilty to all charges. However, the indictment alleges that he improperly stored, showed off, and refused to return classified documents. Prosecutors state that Trump stowed, refused to return, and, in some cases, showed classified documents to visitors, risking the safety of troops and confidential sources.

The case was initially dismissed by Judge Aileen Cannon, a Trump appointee, who ruled that the Justice Department's appointment of special prosecutor Jack Smith was unconstitutional. However, Smith appealed the decision, and the case now faces an uncertain future.

If the case is restarted, these charges could, in theory, lead to substantial prison time if Trump is convicted. The counts under the Espionage Act carry a maximum sentence of 10 years each, while other counts related to conspiracy and withholding or concealing documents carry maximum sentences of 20 years. However, the logistics of jailing a former president mean that a conventional prison sentence is seen as unlikely by many experts.

Did Trump break the law by inciting a rebellion?

On January 6, 2021, a mob of former President Donald Trump's supporters stormed the United States Capitol in an attempt to overturn the 2020 election results. This insurrection led to widespread condemnation and legal challenges for Trump, including an impeachment for incitement of insurrection, though he was acquitted by the Senate.

The House Jan. 6 committee urged the Justice Department to consider prosecuting Trump for four different crimes, including inciting or aiding an insurrection. The committee's referrals to the Justice Department carry no legal weight, and federal prosecutors are already conducting their own investigation.

The committee amassed substantial evidence that Trump sought to obstruct the certification of Joe Biden's victory, including by summoning supporters to Washington on the day Congress was meeting and relentlessly pressuring Vice President Mike Pence to prevent the votes from being certified. The committee also noted that Trump showed no concern when rioters chanted "Hang Mike Pence!" and resisted the pleas of advisers who told him to tell the rioters to disperse.

Some legal experts have questioned whether the Justice Department could successfully prosecute Trump for inciting the insurrection based on a speech he gave at the Ellipse that preceded the riot. In that address, he encouraged the crowd to "fight like hell" but also told them to proceed peacefully to the Capitol.

Trump was impeached by the House but later acquitted by the Senate on a charge of incitement after the attack on the Capitol.

Did Trump break the law by obstructing an official proceeding?

On August 1, 2023, former US President Donald Trump was charged with four criminal counts, including "obstructing an official proceeding". This charge relates to his alleged attempts to overturn the 2020 election result, which saw him lose to Joe Biden.

The House Jan. 6 committee urged the Justice Department to consider prosecuting Trump for four different crimes, including obstructing an official proceeding. The committee amassed substantial evidence that Trump sought to obstruct the process, including by summoning supporters to Washington on the day Congress was meeting and through a pressure campaign aimed at getting Vice President Mike Pence to prevent the votes from being certified.

The obstruction of an official proceeding charge is a felony under US federal law. It was enacted as part of the Sarbanes-Oxley Act of 2002 in reaction to the Enron scandal. The crime is codified as 18 U.S.C. § 1512(c)(2). The relevant subsection reads:

> (c) Whoever corruptly—

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> (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or

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> (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

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> shall be fined under this title or imprisoned not more than 20 years, or both.

The term "official proceeding" is defined in 18 U.S.C. § 1515(a)(1) to include proceedings before federal judges, Congress, federal government agencies, and regulators of insurance businesses.

In June 2024, the Supreme Court ruled in Fischer v. United States that the statute could only be applied when the defendant impaired a physical document or object used in an official proceeding or attempted to do so, setting a higher bar for conviction than had been used in previous trials.

Whether Trump will be found guilty of this charge remains to be seen.

Did Trump break the law by conspiring to defraud the government?

In August 2023, Donald Trump was indicted on federal charges in Washington, D.C., for allegedly conspiring to defraud the government. The charges included four criminal counts: conspiracy to defraud the United States, conspiracy against citizens' rights, obstructing an official proceeding, and conspiracy to make a false statement. The indictment alleged that Trump had attempted to overturn the 2020 election results, spread lies about election fraud, and exploit the Capitol riot on January 6, 2021, to stay in power.

The conspiracy to defraud the United States charge carries a maximum penalty of five years in prison and/or a fine. This charge specifically relates to Trump's alleged efforts to work with others to carry out fraud against the U.S. government by trying to obstruct the certification of the 2020 election results, despite being told by aides that there was no fraud.

The House Jan. 6 committee referred Trump to the Justice Department for prosecution on this and three other charges, stating that their report provided a "roadmap to justice." However, it is important to note that these referrals carry no legal weight, as federal prosecutors are already conducting their own investigation and have the sole authority to decide whether to pursue charges.

The case against Trump faced uncertainty after the Supreme Court ruled that he had partial immunity for acts he committed as president that were considered official. However, the revised indictment argued that Trump acted as a private citizen and not as president when he allegedly conspired to sway the election. The Department of Justice's Special Counsel Jack Smith interpreted the Supreme Court ruling to mean that the case could still move forward, and a new grand jury was convened to hear the evidence.

While Trump has denied any wrongdoing and claimed that the prosecution is politically motivated, the outcome of this case will have significant implications and could potentially result in Trump facing prison time if convicted.

Did Trump break the law by concealing, removing, or mutilating records?

In June 2023, Donald Trump was indicted on 37 felony counts, including "corruptly altering, destroying, mutilating or concealing a document, record, or other object". This was increased to 40 felony counts in July 2023, when Trump was charged with three additional felonies. The charges related to the alleged mishandling of classified documents after his presidency, to which he pleaded not guilty.

The case was dismissed in July 2024 by Judge Aileen Cannon, who ruled that the appointment of special counsel Jack Smith, who was overseeing the case, was unconstitutional. Smith appealed the decision, but after Trump's election in November 2024, the Justice Department considered how to wind down the case, as Trump would not allow the prosecution to continue as president. Smith announced that he would seek the dismissal of charges against Trump on November 25, 2024.

The case against Trump was based on his alleged mishandling of classified documents after his presidency. According to the indictment, Trump took highly sensitive national security documents when he left the White House in January 2021 and resisted the government's repeated attempts to retrieve them. The National Archives and Records Administration (NARA) became aware of missing documents from the Trump Administration in May 2021 and began an effort to retrieve documents improperly taken to Trump's residences.

In August 2022, FBI agents recovered more than 100 classified documents from Trump's Mar-a-Lago estate. The indictment alleged that Trump stashed the papers in improper locations throughout his resort, including a ballroom, a bathroom and shower, office space, his bedroom, and a storage room. The documents included sensitive information on the country's nuclear programs, potential vulnerabilities to military attack, and plans for possible retaliation in case of foreign attacks.

In March 2023, Judge Beryl Howell wrote:

> "Notably, no excuse is provided as to how the former president could miss the classified-marked documents found in his own bedroom at Mar-a-Lago."

In June 2023, Trump was arraigned and pleaded not guilty to all 37 counts. In July 2023, he was arraigned on three additional charges and again pleaded not guilty.

In conclusion, while Trump was charged with and pleaded not guilty to concealing, removing, or mutilating records, the case was ultimately dismissed, and no determination was made as to Trump's guilt or innocence.

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