Trump's Legal Woes: May 24Th's Alleged Lawbreaking

On May 24, former US President Donald Trump was accused of breaking the law in relation to his conduct during the January 6 insurrection at the US Capitol in 2021. The House Jan. 6 committee urged the Justice Department to consider prosecuting Trump for four different crimes, including obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement, and inciting or aiding an insurrection. These allegations centre on Trump's efforts to overturn the results of the 2020 presidential election and his behaviour during the Capitol riot. While the committee's referrals carry no legal weight, the Justice Department is conducting its own investigation and will decide whether to pursue charges against Trump.

Trump's hush money case

In January 2025, Donald Trump avoided prison or a fine in his sentencing for the hush-money case, which brought to an end the first criminal trial of a former US president. Trump was sentenced to an "unconditional discharge" by Judge Juan Merchan, who stated that it was the only lawful sentence without encroaching on the office of the presidency.

The case involved a $130,000 hush-money payment made by Trump's then-lawyer, Michael Cohen, to adult film star Stormy Daniels, in the final days of the 2016 election campaign. Daniels was paid to remain silent about an alleged sexual encounter with Trump a decade earlier, which Trump has denied. After his election, Trump reimbursed Cohen in instalments, falsely recording them as legal expenses.

In May 2024, Trump was found guilty by a New York jury of 34 felony counts of falsifying business records. Despite this, he avoided any penalty, including jail time or a fine, and will assume his second term as the first US president with a felony conviction.

Trump's lawyers had argued that he was immune from criminal prosecution, but this claim was rejected by the courts as the initial conduct in the case occurred before he took office. Trump himself maintained his innocence, claiming the case was politically motivated and brought to damage his reputation and affect the election outcome.

The hush-money case was one of four criminal cases against Trump, including two related to his attempts to overturn the 2020 election results and one involving the alleged mishandling of classified documents.

Trump's handling of classified documents

During his time in office, Donald Trump's handling of classified information and his attitude towards it worried US federal intelligence officials. Trump's behaviour led to mistrust in intelligence and law enforcement agencies, who were also alarmed by Trump's interactions with guests during his frequent trips to Mar-a-Lago.

In December 2019, Trump showed Washington Post journalist Bob Woodward a photograph of himself with North Korean dictator Kim Jong-un, and letters that Kim had written to him, which the US government had classified. Trump also showed classified documents to people in his office.

Trump illegally and regularly shredded "both sensitive and mundane" papers while at the White House, at Mar-a-Lago, and on Air Force One, despite repeated admonishments from his staff. His aides developed special practices to retrieve the piles of torn paper and attempt to tape documents back together.

In January 2022, the National Archives began a process to retrieve 15 boxes that were taken from the White House to Trump's private Mar-a-Lago estate at the end of his term. Among the documents were those with classification markings: "top secret", "secret", and "confidential". Some materials were governed by Special Access Programs, a type of protocol reserved for extremely sensitive US operations conducted abroad.

In May 2022, the Justice Department subpoenaed Trump to return all documents with classification markings. On August 8, 2022, the FBI executed a search warrant on Mar-a-Lago, seizing thousands of government documents, some with the highest possible classification.

Trump claimed he made a "'standing order' to declassify all material brought to Mar-a-Lago, though there is no documentation of this, and no former Trump administration official defends this claim.

In June 2023, Trump was indicted on 37 counts related to the documents, including "obstruction of justice" and violations of the Espionage Act. He pleaded not guilty to all charges.

Trump's attempt to overturn the 2020 election result

On January 6, 2021, a mob of Donald Trump supporters stormed the 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.

Trump's attempts to overturn the election results were unprecedented and had the support of his campaign, proxies, political allies, and many of his supporters. These efforts included the "big lie" propaganda technique, which promoted claims that had been proven false and conspiracy theories asserting 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 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 sought to bring a case before the Supreme Court, but none of the 63 lawsuits they filed were successful. Trump also considered ways to remain in power, including military intervention, seizing voting machines, and another appeal to the Supreme Court.

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, 2022, the committee formally made the criminal referral. 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 that the election was stolen and, as of 2024, has publicly continued to claim that the 2020 election was rigged and stolen, still providing no evidence.

Trump's violation of the Impoundment Control Act

On the day House managers transmitted two articles of impeachment to the Senate, the Government Accountability Office (GAO) reported that President Trump violated the Impoundment Control Act by unilaterally withholding $214 million in Defence Department aid for Ukraine. This money had been appropriated by Congress, and Trump did not seek authorisation to withhold it.

The Impoundment Control Act was passed in 1974 to prevent a president from withholding lawfully appropriated funds. If a president wishes to put a hold on such funds, they must send a "special message" to the House and Senate, specifying the amount and reasons for the rescission or reservation of funds. Trump failed to do this.

Instead, the White House Office of Management and Budget blocked the military aid under direct orders from the president and knowingly failed to file a report with Congress. In an email exchange, the acting comptroller of the Defense Department, Elaine McCusker, asked Michael Duffey, associate director for national security programs with the Office of Management and Budget, about the status of the impoundment paperwork. Duffey replied that there was clear direction from the president "to continue to hold".

Trump disputed the GAO's conclusion, saying that he acted lawfully under his authority to carry out American foreign policy. However, the evidence shows that his claims are pretextual.

Trump's incitement of the Capitol riot

On January 6, 2021, thousands of supporters of then-president Donald Trump gathered in Washington, D.C., to protest the results of the 2020 presidential election. Encouraged by Trump, the crowd of protesters marched to the Capitol Building, where they violently breached the premises, causing widespread damage and endangering the lives of lawmakers and staff.

In the months and weeks leading up to the Capitol riot, Trump had repeatedly made false claims that the election had been "stolen by emboldened radical-left Democrats" and that he had "won by a landslide." He also encouraged his supporters to "stop the steal" and said that he would "never concede."

On the day of the riot, Trump addressed his supporters at a "Save America" rally, where he repeated his false claims of election fraud and told the crowd, "If you don't fight like hell, you're not going to have a country anymore." He also said, "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."

Trump's supporters took his words as a call to action and marched to the Capitol, where they violently breached the building and occupied the Senate chamber. The attack resulted in the deaths of five people, including a Capitol Police officer, and left many others injured.

Trump was impeached by the House of Representatives for incitement of insurrection but was later acquitted by the Senate. However, a bipartisan House select committee that investigated the incident concluded that the attack was the culmination of a seven-part plan by Trump to overturn the election.

Trump's role in inciting the Capitol riot has also led to criminal charges and investigations. In August 2023, he was indicted on four charges, including conspiracy to defraud the United States and obstructing an official proceeding. These charges were later dismissed following his reelection as president in November 2024.

Frequently asked questions