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

Former US President Donald Trump has been accused of breaking the law on several occasions. Trump is the first former president in US history to be criminally convicted, found guilty of falsifying business records. He has also been charged with four criminal counts, including conspiracy to defraud the US and conspiracy against citizens' rights, in relation to his alleged attempts to overturn the 2020 election result. The Supreme Court has granted Trump immunity for a wide range of criminal conduct committed while in office, setting a precedent that many argue gives future presidents a blank check to break the law. Trump has also faced accusations of mishandling classified documents and interfering in the 2020 election in Georgia, though a Florida judge dismissed the former case.

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 undertaken while in office. The ruling was made in the case of Trump v. United States, where Chief Justice John Roberts 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 Supreme Court's decision set a precedent for immunity from criminal charges for former presidents. The ruling stated that a president has exclusive powers derived from the Constitution or an act of Congress, and that "Congress cannot act on, and courts cannot examine, the President's actions on subjects within his 'conclusive and preclusive' constitutional authority." This means that Congress and courts cannot interfere with the president's actions within their exclusive constitutional authority.

However, the court also clarified that not all acts may fall within the president's exclusive sphere of authority, and there may be areas where the president shares authority with Congress. In such cases, the court looks at the Framers' design of the Presidency within the separation of powers, precedent on Presidential immunity, and criminal cases where a President resisted prosecutorial demands for documents to determine immunity.

The Supreme Court's ruling had a significant impact on the federal prosecution of former President Trump for interfering in the 2020 election. While the prosecution was not completely dismissed, the fact-laden inquiry that the district court must now engage in, along with any appeals, will likely take many months or even years to resolve before any trial can commence.

It is important to note that the Supreme Court's decision does not provide immunity for unofficial or private acts of the president. Trump has been charged with several criminal counts, including conspiracy to defraud the US and conspiracy against the rights of citizens, which are related to his status as a political candidate rather than a sitting president. These charges argue that Trump acted as a private citizen and not as a president when he allegedly tried to sway the election.

Trump's hush money case

The hush money case involves a payment of $130,000 made by Trump's then-lawyer, Michael Cohen, to adult film star Stormy Daniels in October 2016. Daniels was paid to remain silent about a sexual encounter she claimed she had with Trump a decade earlier, which the president-elect denied. After his election, Trump reimbursed Cohen in instalments, falsely recording them as legal expenses.

Trump's sentencing hearing in the hush money case took place on 10 January 2025, 10 days before his inauguration for a second term as US President. He appeared at the hearing remotely from Florida, flanked by his attorney and American flags. He was sentenced to "unconditional discharge", meaning he received no jail time, fine, or probation. However, the guilty verdict stands, making Trump the first US president to be a criminal convict.

The judge, Justice Juan Merchan, stated that the sentence was the only lawful option without encroaching on the office of the presidency. He noted that the protection of the office "overrides all other factors" and is afforded by the US Constitution, which shields presidents from criminal prosecution.

The prosecution agreed with the sentence, citing the need to respect the office of the presidency and the upcoming inauguration. However, they criticised Trump for his relentless attacks on the justice system throughout the case, saying he had caused "enduring damage" to the public perception of the criminal justice system.

Trump's lawyers have repeatedly argued that he is immune from criminal prosecution, but this claim has been rejected by the courts in relation to the hush money case as the initial conduct occurred before he took office. Trump has maintained his innocence and claimed the case was politically motivated.

The hush money case was just one of four criminal cases Trump was facing, including two related to his attempts to overturn the 2020 election results and one involving alleged mishandling of classified documents. The hush money case was the only one to go to trial, with the others being dismissed or stuck in legal delays.

Trump's handling of classified documents

During his time in office, Donald Trump's handling of classified information and his behaviour towards it raised concerns among US federal intelligence officials. They were also alarmed by his interactions with guests during his frequent visits to Mar-a-Lago, viewing the practice as a potential security risk.

In December 2019, Trump privately showed Washington Post journalist Bob Woodward a photograph of himself with North Korean dictator Kim Jong-un, as well as letters that Kim had written to him, which the US government had classified. Trump asked Woodward not to disclose that he had given him the letters. In 2020, CNN published a transcript of two of these letters.

In 2021, Trump reportedly told close associates that he regarded some presidential documents, such as the correspondence with Kim, to be his personal property. He also illegally and regularly shredded "both sensitive and mundane" papers while at the White House, Mar-a-Lago, and on Air Force One, despite admonishments from his staff and White House counsel.

Trump's departure from office was described as "rushed and chaotic". In the final weeks of his presidency, White House staff quit and aides resigned, leaving a small number of staff with a large amount of work. A former aide said that they were "30 days behind what a typical administration would be", with little interest in the preservation of presidential records.

Trump designated seven senior Trump administration officials as his representatives to handle all future requests for presidential records for compliance with the Presidential Records Act. He also notified NARA to add Kash Patel, a former Trump administration official, and journalist John Solomon as "representatives for access to Presidential records of my administration".

In May 2021, the National Archives became aware of missing documents, including correspondence letters with Kim Jong-un and a congratulatory letter from former President Barack Obama. They contacted Trump's representatives, who initially agreed to return the letters but later objected to the suggested method of transfer. Trump displayed these letters to people in his office, leading to further confusion over how to facilitate their return.

In January 2022, the National Archives began a process to retrieve 15 boxes that were taken from the White House at the end of Trump's term to his private Mar-a-Lago estate. Among the documents retrieved were 184 unique documents with classification markings, some of which were marked "top secret" and "secret". Some materials were governed by special access programs (SAP), a type of protocol reserved for extremely sensitive US operations conducted abroad.

The Justice Department subpoenaed the National Archives in May 2022 to obtain the documents and interviewed several White House officials who were present in the days leading up to Trump's departure. They also subpoenaed Trump himself in May 2022 to return all documents with classification markings.

In June 2022, the Justice Department sent counterintelligence chief Jay I. Bratt and three FBI agents to Mar-a-Lago to retrieve the documents requested in the subpoena and meet with Trump's legal team. Trump's lawyers claimed that all the documents were stored in a single basement storage room on the property.

However, the FBI suspected violations of the Espionage Act and obstruction of justice due to information from civilian witnesses. They obtained a search warrant and executed it on August 8, 2022, seizing thousands of government documents, some with classification markings.

Across three interactions with Trump in 2022, the government recovered approximately 13,000 documents totaling 21,792 pages. Some of the recovered classified documents had been stored in boxes with personal effects. The government also recovered dozens of empty folders that carried classified markings.

Trump claimed he had made a "standing order" to declassify all material brought to Mar-a-Lago, although there is no known documentation of this order, and no former Trump administration official has supported this claim.

On June 8, 2023, Trump was indicted on 37 criminal charges related to the documents in the Federal District Court in Miami. He pleaded not guilty to all charges.

Trump's attempts to overturn the 2020 election result

After losing the 2020 election to Joe Biden, Donald Trump 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 pressured Department of Justice leaders to challenge the results and publicly state that 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 filed numerous lawsuits in multiple states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania, Texas, and Wisconsin, but all 63 of them were unsuccessful.

Trump also attempted to pressure state officials to throw out ballots, challenge vote-certification processes, and overturn certified election results. He and his allies encouraged state officials to overturn the results in their jurisdictions and promoted the idea that Vice President Mike Pence could refuse to certify the results on January 6, 2021.

Trump's attempts to overturn the election culminated in the January 6 Capitol attack by his supporters, who sought to prevent the certification of Biden's victory. Trump had encouraged his supporters to "march to the Capitol building" during a simultaneous rally.

Trump was indicted in 2023 on four counts, including conspiracy to defraud the U.S. in connection with his efforts to overturn the 2020 election. He pleaded not guilty to all charges.

Trump's incitement of the Capitol riot

On January 6, 2021, supporters of then-president Donald Trump violently stormed the United States Capitol Building in Washington, D.C. The mob sought to keep Trump in power by preventing a joint session of Congress from certifying the victory of President-elect Joe Biden. The attack was the culmination of a seven-part plan by Trump to overturn the election, which he falsely claimed was "stolen by emboldened radical-left Democrats".

In the months leading up to the attack, Trump repeatedly issued false statements asserting that the election results were fraudulent. On the day of the attack, he addressed thousands of his supporters at a “Save America” rally, repeating his false claims of election irregularities and stating, "If you don't fight like hell, you're not going to have a country anymore".

Trump's speech incited his supporters to march on Congress, and the attack began moments after he finished speaking. The mob breached police perimeters, vandalised offices, assaulted Capitol Police officers and journalists, and occupied the Senate chamber. The violence resulted in five deaths, including that of Capitol Police officer Brian Sicknick, and left 174 police officers injured.

Trump was impeached by the House for incitement of insurrection, making him the only U.S. president to be impeached twice. He was later acquitted by the Senate, which fell short of the required two-thirds majority for conviction. In August 2023, Trump was indicted on four charges, including conspiracy to defraud the United States, obstructing an official proceeding, and conspiracy to obstruct an official proceeding. However, following his reelection as president in November 2024, the charges were dismissed.

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