Trump's Lawbreaking: Constitutional Ruling And Legal Consequences

Former US President Donald Trump has been accused of breaking the law on several occasions, with the House Jan. 6 committee urging the Justice Department to consider prosecuting him for four different crimes related to his efforts to undo the results of the 2020 presidential election and his behaviour during the insurrection at the US Capitol. Trump has also been charged with four criminal counts, including conspiracy to defraud the US and conspiracy against the rights of citizens. In addition, he is facing three other criminal cases related to hush money payments, election interference in Georgia, and mishandling of classified documents. While Trump has denied any wrongdoing and claimed political motivation, legal experts believe it is unlikely that he will be jailed, with a fine being the more likely outcome. The Supreme Court's decision to grant Trump immunity for a wide range of criminal conduct committed while in office sets a dangerous precedent and makes it more challenging to hold any president criminally accountable.

Obstruction of an official proceeding

The charge of obstruction of an official proceeding was one of four criminal charges brought against former US President Donald Trump in August 2023. The other three charges were conspiracy to defraud the United States, conspiracy against citizens' rights, and conspiring to obstruct an official proceeding. The charges were in connection with Trump's efforts to overturn the results of the 2020 US presidential election, which he lost to Joe Biden.

The obstruction of an official proceeding charge is defined under the penal code as "corruptly" obstructing, impeding, or interfering with any official government proceeding. The charge carries a maximum sentence of 20 years in prison.

In Trump's case, the Department of Justice (DOJ) alleged that he obstructed Congress' certification of the electoral college results on January 6, 2021. This included creating fake election certificates that declared him the winner of key swing states and pressuring then-Vice President Mike Pence to disregard President-elect Joe Biden's electors. The DOJ also alleged that Trump pressured the DOJ to falsely claim there were problems with the vote in Georgia or other states.

Trump's indictment in August 2023 was the third time the former president had been indicted for various alleged crimes. The charges focused on his efforts to overturn the 2020 election. The indictment did not directly charge Trump with inciting the January 6, 2021, riot at the US Capitol but argued that the riot was a direct result of Trump's actions and that he exploited the violence.

Trump's Actions Leading to the Charge

• Trump pressured then-Vice President Mike Pence to count fake electors instead of the electors certified by state legislators.
• Trump and his allies drafted allegedly fraudulent certificates of ascertainment affirming Trump as the winner.
• Trump attempted to use the power and authority of the DOJ to launch fake investigations, send warning letters to states, promote fake electors, and pressure states' legislatures to convene to formally choose the fake electors over the real ones.
• Trump enlisted Mike Pence to change the election results. After Pence resisted, Trump and his co-conspirators urged a mob to march to the Capitol to continue pressuring Pence.
• On January 6, 2021, Trump encouraged his supporters to walk down to Pennsylvania Avenue to incite Republican lawmakers.
• Trump's supporters stormed the Capitol, causing the certification process to be delayed by about six hours.
• Trump watched the attack on TV and refused to send a message asking rioters to leave the Capitol. Instead, he tweeted false suggestions that the crowd was already peaceful.
• Trump and his co-conspirators continued to lie about election fraud and pressure congressional leaders to delay the vote certification.

Conspiracy to defraud the United States

The House Jan. 6 committee urged the Justice Department to consider prosecuting Donald Trump for four different crimes, including conspiracy to defraud the United States. This is a general statute that makes it a crime to work with someone else to carry out fraud against the U.S.

The committee says Trump did exactly that by trying to obstruct the certification of the election despite being told by aides that there was no fraud that could have affected the outcome. He also beseeched then-Vice President Mike Pence to delay that certification, even though he was told there was no legal basis for him to do so.

The committee also recommended that conservative lawyer John Eastman be prosecuted on the same count, noting that a federal judge in California had already concluded in a separate lawsuit that evidence of a criminal conspiracy likely existed.

The indictment unsealed in August 2023 charged Trump with four crimes, including conspiracy to defraud the United States. The indictment alleged that Trump and his co-conspirators "co-conspirators used knowingly false claims of election fraud to get state legislators and election officials to subvert the legitimate election results and change electoral votes for the Defendant’s opponent, Joseph R. Biden, Jr., to electoral votes for the Defendant".

Conspiracy to make a false statement

The false statement in question relates to an alleged scheme by Trump allies to submit "fake electors" in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden's victory. The electors signed "patently false" certifications, and the committee maintains it has evidence Trump was a participant in the scheme.

Months before the Justice Department issued grand jury subpoenas to the "fake electors" in multiple states, underscoring prosecutors' interest in the activity.

Inciting or aiding an insurrection

On January 6, 2021, a mob of former President Donald Trump's supporters broke into the U.S. Capitol, causing a delay in the vote certification. Following this incident, the House of Representatives impeached Trump for "incitement of insurrection." However, the Senate later acquitted him of this charge.

The House Jan. 6 committee has urged the Justice Department to consider prosecuting Trump for four different crimes, including inciting or aiding an insurrection. The committee's referrals to the Justice Department carry no legal weight, and federal prosecutors are conducting their own investigation to determine whether to pursue charges against Trump.

Under the U.S. Constitution's 14th Amendment, anyone who engaged in insurrection against the U.S. is prohibited from holding federal or state office. While some have argued that Trump's efforts to overturn the 2020 election results disqualify him from holding office under this amendment, the Supreme Court ruled in March 2024 that states lack the power to disqualify candidates from federal office under that amendment, and there is no indication that Congress will act to bar Trump from office.

To prove that Trump intended to incite a riot or insurrection, prosecutors would have to demonstrate that his actions were knowingly and purposefully intended to incite violence at the Capitol. While there is no definitive evidence of Trump's specific intent, prosecutors could open a wide range of investigations into his discussions with advisors and other relevant parties.

Trump's speech on January 6th, in which he told supporters, "we fight, we fight like hell," and "if you don't fight like hell, you're not going to have a country anymore," could be interpreted as soliciting or encouraging illegal activities. However, proving incitement in a criminal trial would be challenging, as Trump's defense could argue that his rhetoric was merely "political speech" and not explicit advocacy of violence.

Violation of the Impoundment Control Act

The Impoundment Control Act of 1974 was passed by Congress in response to President Nixon's abuse of power, specifically his withholding of money that Congress had appropriated but did not want to spend. The Act requires the President to report to Congress whenever they intend to withhold or not spend money that has been approved by Congress. This applies to both temporary holds on spending (deferrals) and permanent cancellations of spending (rescissions).

President Trump failed to notify Congress that he had withheld nearly $400 million in military aid intended for Ukraine. Trump's justification for withholding the aid was that he was trying to save taxpayers' money for more pressing needs. However, this violation of the Impoundment Control Act put a spotlight on the Act and raised questions about presidential accountability and the limits of executive power.

Alan B. Morrison, associate dean at George Washington University Law School, explored the potential consequences of Trump's violation and the options available to the House if the President further violated the law or refused to turn over more information. The violation also sparked discussions about the Act itself and its role in balancing the powers of the legislative and executive branches of the US government.

The Impoundment Control Act is an important tool to prevent presidential abuse of power and ensure that Congress, as the body responsible for appropriating funds, has oversight over how those funds are spent (or not spent).

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