Trump's Actions: Federal Law Violation?

There is evidence to suggest that former President Donald Trump may have broken federal law. The House January 6 panel is gathering evidence that Trump may have broken several federal laws, including conspiracy to defraud the government and obstructing an official proceeding. Legal experts have outlined a potential defence for Trump, and it is unlikely that he will be prosecuted. However, the Justice Department is investigating and has raided Trump's Mar-a-Lago home in Palm Beach, Florida.

Conspiracy to defraud the government

The House Select Committee investigating the January 6 insurrection has stated that it has evidence that former President Donald Trump and his campaign staff carried out an "illegal" and "unconstitutional" attempt to obstruct Congress' election certification of Joe Biden's victory and "engaged in a criminal conspiracy to defraud the United States." The committee does not have the authority to prosecute, but the Justice Department is investigating.

In August 2023, a grand jury indicted Trump on four charges for his conduct following the 2020 election, including conspiracy to defraud the United States under Title 18 of the United States Code. The indictment mentions six unnamed co-conspirators.

According to the indictment, Trump and his co-conspirators lied to pressure state legislators and election officials to change votes from Biden to Trump. They also organised fake electors in seven states (Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin) who sent their fake certificates "to the Vice President." Trump and his allies drafted allegedly fraudulent certificates of ascertainment affirming Trump as the winner.

The indictment also described a previously unreported discussion between Trump and White House Counsel Pat Cipollone, in which Cipollone advised Trump, hours after the Capitol riot started, to drop his objections to the election. Trump refused.

In February 2024, Judge Tanya Chutkan said she would not schedule a trial until the DC Circuit Court of Appeals decided whether Trump was immune from prosecution. The court ruled that Trump was not immune, and the special counsel issued a superseding indictment that maintained the same four charges but omitted some specific allegations.

In November 2024, following Trump's election, the special counsel filed a motion to dismiss the case without prejudice, citing the DOJ's policy of not prosecuting sitting presidents. The charges were dismissed.

Obstructing an official proceeding

"Corruptly obstructing, influencing, or impeding an official proceeding" is a felony under U.S. federal law. The law, enacted as part of the Sarbanes-Oxley Act of 2002, defines an "official proceeding" as one that takes place before federal judges, Congress, federal government agencies, and regulators of insurance businesses. Those found guilty of this crime may be fined or imprisoned for not more than 20 years, or both.

In the context of the January 6 United States Capitol attack, over 290 out of 910 defendants had been charged with obstructing an official proceeding as of December 2022, with over 70 convicted. The charge was typically applied to defendants who had entered the Senate chamber or the offices of Congress members, or members of groups such as the Oath Keepers, Proud Boys, and Three Percenters, who were alleged to have prepared for violence in advance.

The House Select Committee argued that former President Donald Trump violated this law by allegedly trying to "obstruct, influence, or impede an official proceeding of the United States" during the January 6 insurrection. Prosecutors could argue that Trump pressured his then-Vice President Mike Pence to stop Congress's election certification process and told his followers that the election was "criminal", encouraging them to march on the Capitol where the certification was about to start.

In August 2023, a grand jury indicted Trump on two counts of obstructing an official proceeding for his conduct following the 2020 presidential election through the January 6 Capitol attack. However, 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. This ruling could impact the prosecution of Trump and other defendants charged with obstructing an official proceeding related to the January 6 attack.

Inciting a rebellion

The House Select Committee is revealing more evidence of Trump's direct involvement in the January 6 insurrection. Federal prosecutors could potentially build a case that Trump incited a rebellion or insurrection against the US.

Cassidy Hutchinson, a former White House aide, testified that Trump knew his supporters at his Ellipse rally earlier that day were armed and carrying weapons. She recalled Trump saying: ""I don't effing care that they have weapons. They're not here to hurt me. Take the effing mags away. Let my people in."

During the committee's seventh public hearing, lawmakers presented new evidence claiming that Trump knew in advance that his supporters would march to the US Capitol building on January 6. Democratic Rep. Jamie Raskin of Maryland said Trump's tweet on December 19, 2020, which said: "Statistically impossible to have lost the 2020 election. Big protest in DC on January 6. Be there, will be wild!" was heavily circulated among extremist groups.

The committee also revealed more details about Michael Flynn, Trump's national security advisor, having direct ties with extremist groups.

If Trump is charged with this crime, prosecutors would have to prove that Trump knew in advance that violence would occur on January 6. The prosecutors could possibly use the testimony Hutchinson provided, where she recalled a conversation that she had with former White House Counsel Pat Cipollone, as evidence against Trump. During her conversation with Cipollone, he expressed concerns about the potential criminal charges they could face if Trump went to the US Capitol building with protesters on January 6.

Hutchinson recalled Cipollone saying: "We're going to get charged with every crime imaginable if we make that move."

Prosecutors would need more testimonies from people who had conversations with Trump to prove he knew what would unfold on January 6.

Violating the Impoundment Control Act

In 2024, former President Donald Trump declared that he would use "impoundment" authority to reduce federal spending. Impoundment refers to the ability of the President or the Executive Branch to withhold congressionally appropriated funds from their intended use.

Trump's plan, called Agenda47, would "restore executive branch impoundment authority to cut waste, stop inflation, and crush the Deep State." He argued that the impoundment authority is "long-recognized" and "undisputed", and that the Congressional Budget and Impoundment Control Act of 1974 (CBA) is unconstitutional.

However, Trump's position is incorrect. The Constitution's text and structure, as well as the history of presidential impoundments, contradict his claim. The Constitution creates three co-equal branches of government, with Congress having the power of the purse, or the authority to fund the government through appropriations and raise money through taxes.

The CBA was passed to reassert congressional control over federal spending, as prior to its enactment, presidents had routinely used impoundment authority to cancel funding, particularly during the Nixon administration. Since the CBA was passed, presidents have submitted over 1,100 rescission proposals to Congress, of which about 40% have been approved.

In 2019, Trump was accused of violating the CBA by withholding $214 million in security assistance funding for Ukraine. Although he did not use impoundment to withhold these funds, he relied on a related tool known as apportionment, which generally refers to a plan approved by the White House's Office of Management and Budget to use budgetary resources. This accusation became the basis for the House's impeachment of Trump in December 2019, and the Trump administration eventually released its hold on the funds in question.

Trump has pledged to challenge the CBA in court and work with Congress to overturn its limits if he is re-elected.

Election tampering

Donald Trump's refusal to concede the 2020 election and his attempts to overturn the results have been described as an "attempted coup" and an "assault on democracy".

Trump and his allies used the "big lie" propaganda technique to promote false claims that the election was stolen from him through rigged voting machines, electoral fraud, and an international conspiracy.

Trump pressured the Department of Justice to challenge the results and publicly state that the election was corrupt. He also pressured state and federal judges, election officials, and state governors to declare the election corrupt, but these claims were dismissed.

Trump's legal team filed 63 lawsuits in an attempt to overturn the election results, but none were successful.

On January 6, 2021, Trump held a rally in Washington, D.C., where he encouraged his supporters to march to the Capitol building. This resulted in the Capitol attack, where Trump supporters stormed the Capitol in an attempted coup d'état.

Trump's attempts to overturn the election results and his encouragement of the Capitol rioters have led to criminal investigations and civil lawsuits.

Specific Actions

• Trump pressured the Department of Justice to challenge the results and declare the election corrupt.
• Trump and his allies targeted state legislatures to change the results or delay electoral vote certification.
• Trump and his allies promoted the idea that Vice President Mike Pence could refuse to certify the election results.
• Trump and his allies pressured Georgia election officials to "find" enough votes to secure his victory in the state.
• Trump and his allies pressured Georgia Governor Brian Kemp to convene a special session of the legislature to overturn Biden's victory in the state.
• Trump and his allies pressured the Pennsylvania Speaker of the House to overturn the election results and use electors loyal to Trump.
• Trump and his allies pressured Republican officials in seven states to create fraudulent electoral certificates of ascertainment to falsely assert that Trump had been reelected.
• Trump and his allies pressured state officials to throw out ballots they believed were not legally cast, challenge vote-certification processes, and overturn certified election results.
• Trump and his allies pressured local and state authorities to overturn the results in their jurisdictions.
• Trump and his allies pressured the Justice Department to verify unsupported claims of election fraud.
• Trump and his allies pressured the Supreme Court to decide the election and tried to install a ninth justice following the death of Ruth Bader Ginsburg.
• Trump and his allies pressured the National Guard to seize voting machines.
• Trump and his allies pressured the Department of Homeland Security to seize voting machines.
• Trump and his allies pressured the Pentagon to seize voting machines.
• Trump and his allies pressured the FBI to support his claims of election fraud.
• Trump and his allies pressured the media to promote his false claims of election fraud.
• Trump and his allies pressured tech companies to support his false claims of election fraud.
• Trump and his allies pressured the Republican National Committee to support his false claims of election fraud.
• Trump and his allies pressured the Republican Party to support his false claims of election fraud.
• Trump and his allies pressured members of Congress to support his false claims of election fraud.
• Trump and his allies pressured the Republican Party to overturn the election results.
• Trump and his allies pressured the Republican Party to delay the certification of the election results.
• Trump and his allies pressured the Republican Party to decertify the election results.
• Trump and his allies pressured the Republican Party to pass legislation to overturn the election results.
• Trump and his allies pressured the Republican Party to pass legislation to restrict voting access.
• Trump and his allies pressured the Republican Party to make it harder to challenge future elections.
• Trump and his allies pressured the Republican Party to make it harder for Democrats to win future elections.
• Trump and his allies pressured the Republican Party to make it easier for Republicans to win future elections.

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