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

Former US President Donald Trump has been convicted of multiple crimes, including falsifying business records, and is facing several other criminal charges. Trump is the first former US president to be criminally convicted. Trump's criminal cases have sparked debates about presidential immunity and the extent to which a president can be held accountable for their actions while in office. Trump's supporters have denounced the charges as a witch hunt, while critics argue that his actions warrant legal consequences. The outcome of these legal cases has significant implications for Trump's political future and sets a precedent for how presidential misconduct is addressed in the United States.

Trump's immunity from prosecution

On July 1, 2024, the US Supreme Court ruled that former President Donald Trump has partial immunity from prosecution for official acts he carried out while in office. The ruling came after Trump was indicted on four charges related to his actions after the 2020 presidential election.

The Supreme Court's decision set a precedent for immunity from criminal charges for former presidents. Chief Justice John Roberts' majority decision stated that a former president has criminal immunity for some official actions taken while in office. Roberts noted that "at least with respect to the President's exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is entitled to at least presumptive immunity".

The ruling means that Trump cannot be prosecuted for official acts carried out while in office, but he can still be prosecuted for unofficial or private acts. The court's definition of "official acts" is strikingly broad and includes any use of the Justice Department, an agency that is traditionally independent.

The decision has been criticised by some justices and legal experts, who argue that it sets a dangerous precedent that presidents are above the law. They believe that the ruling grants absolute immunity to presidents for criminal acts, including those that strike at the heart of democracy, such as resisting the peaceful transition of power.

Despite the partial immunity granted by the Supreme Court, Trump still faces potential prosecution for his actions related to the 2020 election. Federal prosecutors allege that he pressured officials to reverse the results, spread lies about election fraud, and sought to exploit the Capitol riot to stay in power. Trump has denied any wrongdoing and claimed that the prosecution is politically motivated.

Trump's hush money case

In March 2023, Donald Trump was charged with 34 counts of falsifying business records to cover up a $130,000 hush-money payment made by his former lawyer, Michael Cohen, to adult film star Stormy Daniels before the 2016 election. Daniels was paid for her silence about claims she had sex with Trump, which he denied.

In May 2024, a Manhattan jury found Trump guilty of all 34 counts. Prosecutors argued that the case was about an attempt to corrupt the 2016 election. Trump, however, pleaded not guilty and claimed the case was an effort by opponents to weaponize the justice system against him and harm his reelection campaign.

In January 2025, Justice Juan Merchan sentenced Trump to unconditional discharge, sparing him jail time, a fine, or probation. Merchan stated that the sentence was due to the protections afforded to the office of the presidency and did not reduce the seriousness of the crime. Trump maintained his innocence and vowed to appeal the verdict.

The hush money case was the only one among four criminal cases against Trump to go to trial. The other three cases involved allegations of election interference, mishandling of classified documents, and efforts to reverse election results in Georgia. Despite the indictments and guilty verdict in the hush money case, Trump was elected for a second term as president.

Trump's handling of classified documents

One of the four criminal cases against former US President Donald Trump involves his handling of classified documents. Trump stands accused of mishandling classified documents by taking them from the White House to his Mar-a-Lago residence after he left office. The case also concerns whether he obstructed the FBI's efforts to retrieve the files, as well as the criminal investigation into his handling of them.

The majority of the counts are for the wilful retention of national defence information, which falls under the Espionage Act. There are also eight individual counts, including conspiracy to obstruct justice, withholding a document or record, and making false statements. Trump has pleaded not guilty to all charges.

The case was initially dismissed by a Florida judge in July 2025, marking a significant legal victory for Trump. However, the Justice Department's special prosecutor, Jack Smith, appealed the decision, arguing that the judge's view "deviated" from legal precedent.

The case now faces an uncertain future following the Supreme Court's immunity decision, which ruled that Trump had limited immunity for official acts carried out as president. If the case is restarted, these charges could, in theory, lead to substantial prison time if Trump is convicted. However, many experts consider a conventional prison sentence unlikely due to the logistics of jailing a former president.

Trump's attempts to overturn the 2020 election result

After Joe Biden won the 2020 US presidential election, Donald Trump, the Republican nominee and then-incumbent president, pursued an unprecedented effort to overturn the election result. Trump and his allies used the "big lie" propaganda technique to promote false claims that the election was stolen by means of rigged voting machines, electoral fraud and an international conspiracy.

Trump pressed Department of Justice leaders to challenge the results and publicly state the election was corrupt. However, the attorney general, director of National Intelligence, and director of the Cybersecurity and Infrastructure Security Agency, as well as some Trump campaign staff, dismissed these claims. State and federal judges, election officials, and state governors also determined the claims were baseless.

Trump's legal team sought to bring a case before the Supreme Court, but none of the 63 lawsuits they filed were successful. Trump and his allies then targeted legislatures with the intent of changing the results or delaying electoral vote certification at the Capitol. Nationally, they promoted the idea that Vice President Mike Pence could refuse to certify the results on January 6, 2021. Pence repeatedly stated that the vice president has no such authority and verified Biden and Harris as the winners.

Trump's attempts to overturn the election result culminated in the January 6 Capitol attack by Trump supporters in an attempted self-coup d'état. Hundreds of elected Republicans, including members of Congress and governors, refused to acknowledge Biden's victory, though a growing number acknowledged it over time.

In June 2022, the House Select Committee on the January 6 Attack said it had enough evidence to recommend that the Department of Justice indict Trump, and on December 19, the committee formally made the criminal referral to the Justice Department. On August 1, 2023, Trump was indicted by a D.C. grand jury for conspiracy to defraud the United States, obstructing an official proceeding, conspiracy to obstruct an official proceeding, and conspiracy against rights; he pleaded not guilty to all charges.

Trump continues to insist the election was stolen. As late as 2022, Trump supporters continued their attempts to overturn the election, pushing for state legislature resolutions and new lawsuits, raising concerns among legal experts that public confidence in democracy is being undermined to lay the groundwork for baselessly challenging future elections.

Trump's incitement of insurrection

On January 6, 2021, supporters of then-President Donald Trump stormed the U.S. Capitol in an attempt to prevent the tabulation of votes and protest against Joe Biden's win in the 2020 election. The attack on the Capitol, which resulted in five deaths, was incited by Trump's repeated false claims that the election was stolen from him and that there was widespread voter fraud.

In the months leading up to the Joint Session of Congress, Trump had made numerous unsuccessful attempts to overturn the election results. On January 6, he addressed a crowd of his supporters at the "Save America" rally near the White House in Washington, D.C. In his 70-minute speech, he exhorted his supporters to march on Congress and reiterated his false claims that "we won this election, and we won it by a landslide". He also stated that "if you don't fight like hell you're not going to have a country anymore", which was seen as a call to violence by many.

Trump's role in inciting the insurrection led to his second impeachment by the House of Representatives on January 13, 2021, one week before his term expired. The article of impeachment adopted by the House charged Trump with "incitement of insurrection", accusing him of willfully making statements that encouraged and resulted in lawless action at the Capitol. The vote was 232-197, with 10 Republicans joining all of the Democrats in supporting impeachment.

The impeachment trial in the Senate began on February 9 and concluded with Trump's acquittal on February 13. A total of 57 senators voted "guilty", which was less than the two-thirds majority needed to convict Trump. Despite the acquittal, Trump's actions during the lead-up to the insurrection have had significant legal repercussions. He has faced state and federal charges, including four criminal counts related to his attempts to overturn the election results.

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