Trump's Pre-Presidential Legal Troubles: Lawbreaker?

There are several instances of Donald Trump allegedly breaking the law before becoming president. One notable example is when he pressured Georgia's top election official, Brad Raffensperger, to find enough votes to overturn his loss to Joe Biden in the state. This incident may have violated a Georgia state law against criminal solicitation to commit election fraud and a separate federal law that makes it illegal to attempt to deprive or defraud citizens of a fair and impartially conducted election process.. Legal experts have weighed in on this matter, with some suggesting that Trump's actions constituted a flagrant federal criminal violation.

Additionally, before becoming president, Trump was accused of violating the Impoundment Control Act by unilaterally withholding $214 million in Defense Department aid for Ukraine without congressional authorization. This act was put in place to prevent a president from withholding lawfully appropriated funds.

Trump has also been accused of other potential legal violations, including conspiring to defraud the United States, conspiracy to make a false statement, and inciting or aiding an insurrection. These allegations have been made by the Jan. 6 committee, which has referred these matters to the Justice Department for consideration of prosecution.

Violation of the Impoundment Control Act

In 2019, President Trump withheld nearly $400 million in military aid to Ukraine, which was appropriated by Congress. This action violated the Impoundment Control Act, which was passed in 1974 to prevent a rogue president from withholding lawfully appropriated funds. The Impoundment Control Act requires the president to notify Congress whenever he wishes to hold back on spending money that has been approved by Congress, and to provide a detailed explanation for the deferral.

Trump failed to notify Congress and did not provide an explanation for his decision. This was a clear violation of the law, as the Act requires the president to include "all the facts, circumstances, and considerations relating to or bearing upon the proposed deferral."

The Impoundment Control Act applies to both temporary holdbacks on spending (deferrals) and permanent cancellations of spending (rescissions). In the case of rescissions, the president must spend the money unless Congress approves their request not to. For deferrals, the president has more flexibility, as long as the money is spent during the current fiscal year, and the deferral is due to contingencies, changes in the law, or efficiency improvements.

Trump's violation of the Impoundment Control Act has brought attention to the Act itself and raised questions about the president's power to impound funds. Trump has argued that impounding funds is an inherent presidential power and that the Impoundment Control Act is unconstitutional, claiming it violates the separation of powers. However, legal experts disagree and point out that the Supreme Court has overturned presidential impoundment in the past, specifically in the case of Train v. City of New York, where the Court overturned Nixon's impoundment based on the Impoundment Control Act.

Criminal solicitation to commit election fraud

While serving as president, Donald Trump was granted immunity for a wide range of criminal conduct committed during his tenure. However, this immunity does not extend to his time before becoming president.

In January 2025, former President Trump was indicted by a federal grand jury on four counts related to his attempts to overturn the results of the 2020 presidential election. One of these counts was criminal solicitation to commit election fraud.

The charge of criminal solicitation to commit election fraud stems from a phone call Trump made to Georgia Secretary of State Brad Raffensperger on January 2, 2021. During this call, Trump pressured Raffensperger to "find" enough votes to overturn the state's election results in his favor, based on unfounded claims of voter fraud. In the call, Trump stated, "I just want to find 11,780 votes," which was the exact number he needed to win the state.

Legal experts believe that Trump's phone call violated at least three state criminal election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud, and intentional interference with the performance of election duties. These violations are considered felonies or misdemeanors and are punishable by fines or imprisonment.

The investigation into Trump's actions in Georgia is one of the most serious probes he is facing, as it involves potential criminal conduct. The case highlights the growing number of legal cases Trump is confronting after leaving office and losing the presidential protections that shielded him from prosecution during his term.

Obstruction of an official proceeding

On August 1, 2023, a grand jury indicted former US President Donald Trump on four charges, including "obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002". This was in relation to his alleged involvement in the January 6 Capitol attack and his attempts to overturn the 2020 election results.

The charge of obstructing an official proceeding carries a sentence of up to 20 years in prison. Notably, hundreds of people who were arrested after the January 6 riot at the Capitol also received this charge.

In the legal fallout from the riot, about one-third of Capitol Riot defendants were charged with obstruction of an official proceeding. Of the sixteen D.D.C. judges considering this obstruction charge, only one chose to dismiss it, finding that the statute was limited to the destruction of documents or other physical evidence. The others held that the statute should be construed broadly to include all possible acts of obstruction.

The Supreme Court is currently considering the scope of the statute in the case of Fischer v. United States. The Court's decision will determine whether the statute should be interpreted broadly to include all obstructive conduct, or narrowly to only include the destruction of documents and other physical evidence.

Conspiracy to defraud the United States

On August 1, 2023, former US President Donald Trump was indicted on charges of conspiracy to defraud the United States, in relation to his alleged involvement in the January 6 attack on the Capitol. The charges came after months of hearing evidence and witness testimony by grand jurors in Washington, DC, as part of a probe into Trump's efforts to overturn his 2020 election loss to Joe Biden.

The indictment alleges that Trump engaged in a "conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government". In essence, the indictment accuses Trump of knowingly spreading false claims of election fraud, which threatened American democracy and violated Section 18 of the US Code.

Prosecutors allege that Trump, along with six co-conspirators, including five attorneys, used false claims of election fraud to pressure state legislators and election officials to subvert the legitimate election results and change electoral votes in his favour. They further allege that Trump pushed officials in certain states to ignore the popular vote, disenfranchise millions of voters, dismiss legitimate electors, and ultimately install illegitimate electors.

The conspiracy charge is considered broadly applicable because Trump's agreement with his lawyers, and potentially the rioters, did not need to be overt. The plan for then-Vice President Mike Pence to reject Biden's electors and install Trump's illegitimate electors was deceitful and violated the statute that prohibits entering into an agreement to obstruct a lawful function of the government by dishonest means.

The charges against Trump are the result of an eight-month investigation by special counsel Jack Smith, who praised law enforcement officers who defended the Capitol as "heroes...patriots and they are the very best of us". Smith's office will seek a speedy trial of Trump, who is summoned to appear in court on August 3, 2023.

The latest charges add to Trump's growing list of legal woes and are considered some of the most serious allegations levelled against the twice-impeached, thrice-indicted former president. They are also the first charges to be brought against anyone for the efforts to overturn the 2020 election, which arguably led to the Capitol attack.

Conspiracy to make a false statement

Donald Trump has been accused of making false or misleading claims throughout his career, both before and during his presidency. In June 2023, a grand jury indicted Trump on one count of making "false statements and representations", specifically by hiding subpoenaed classified documents from his attorney, who was trying to find and return them to the government.

Trump has a long history of making false statements, with fact-checkers at The Washington Post documenting 30,573 false or misleading claims during his presidential term, an average of about 21 per day. This included false statements about the 2020 election, which were listed in his Washington, D.C. and Georgia indictments.

Trump has also been known to use the "big lie" technique, repeating falsehoods so often that they are effectively accepted as truth. This was particularly evident in his attempts to overturn the 2020 election, where he and his allies repeatedly and falsely claimed there had been massive election fraud.

Trump's false statements have had real-world consequences, with fact-checkers noting that his lying has created an alternate reality and contributed to a post-truth political environment. His false statements about the January 6 Capitol riots, for example, attempted to minimise the violence and downplay the role of his supporters in the attack.

In addition to his false statements, Trump has also been accused of conspiracy and collusion in relation to Russian interference in the 2016 election. While the Mueller investigation did not find sufficient evidence to bring any conspiracy or coordination charges, Trump's repeated claims that there was "no collusion" have been described as a myth.

Trump's false statements and conspiracy theories have had a significant impact on public discourse and trust in democratic institutions, with his supporters embracing his conspiracy theories and propagating an alternative reality. This has made it increasingly difficult to hold Trump and his administration accountable for their actions, both during and after his presidency.

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