Keith Mack
Former US President Donald Trump has been accused of breaking constitutional law on several occasions. Most recently, in 2025, a federal judge blocked Trump's attempt to end birthright citizenship in the US, deeming the executive order blatantly unconstitutional. Trump has also been accused of obstructing the certification of the 2020 election, with the Jan 6 committee presenting evidence that Trump attempted to obstruct the process and worked with others on a multi-part plan to stay in power. In addition, ethics experts have raised concerns about Trump's potential conflicts of interest due to his business interests, with some arguing that he is in violation of the emoluments clause of the Constitution. Trump has also raised constitutional questions with his lawsuit against The Wall Street Journal, highlighting the concept of civil immunity for the president, which has no explicit textual basis in the Constitution.
| Characteristics | Values |
|---|---|
| Obstruction of an official proceeding | Trump summoned supporters to Washington on the day Congress was certifying the election results and pressured Vice President Mike Pence to prevent the votes from being certified |
| Conspiracy | Trump worked with others inside and outside the government on a "multi-part plan" to stay in power |
| Conflict of interest | Trump's business interests created conflicts of interest with his role as president |
| Violation of transparency obligations | Trump's business dealings lacked transparency |
| Criminal immunity | Trump received criminal immunity from prosecution for his efforts to overturn the 2020 election |
| Civil immunity | Trump has exploited presidential civil immunity by suing media outlets like The Wall Street Journal |
| Birthright citizenship | Trump attempted to end birthright citizenship in the US, which was blocked by a federal judge who called the order "blatantly unconstitutional" |
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What You'll Learn
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. The charges relate to Trump's conduct following the 2020 presidential election and the January 6 Capitol attack.
The official proceeding in question refers to the January 6, 2021, joint session of Congress, during which electoral votes were to be counted and Democrat Joe Biden was to be certified as the winner of the 2020 election. Trump allegedly attempted to obstruct this process by summoning his supporters to Washington on the day Congress was meeting and pressuring Vice President Mike Pence to delay the certification of the election results, despite being told by aides that there was no fraud that could have affected the outcome.
Trump's lawyers have argued that the case should be dismissed, citing presidential immunity. However, the Supreme Court ruled in 2024 that former presidents have "some immunity from criminal prosecution" for their "official acts" but ""no immunity" for their "unofficial acts." As a result, some of Trump's alleged activities, including his attempts to involve the Justice Department in his claims of election fraud, can no longer be used as evidence.
The obstruction of an official proceeding charge carries a maximum sentence of 20 years in prison. However, it is important to note that the outcome of the case is uncertain, and Trump has pleaded not guilty to all charges.
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Trump's business interests
While serving as President of the United States, Donald Trump's business interests came under scrutiny for potential conflicts of interest. Trump's main company, the Trump Organization, is a privately held business conglomerate that serves as the holding company for most of his ventures and investments. The organisation has interests in real estate development, investing, brokerage, sales and marketing, and property management.
Trump's personal income is unknown, as he lists business revenue instead of profit on his financial disclosures. His assets are largely illiquid real estate holdings, which would be challenging to liquidate and place into a blind trust, as is the usual practice for presidents. Instead, Trump's assets are managed by a trust controlled by his sons, allowing him to withdraw funds at any time without disclosure. This has raised concerns about the potential influence of Trump's business interests on his public role, especially regarding the emoluments clause of the US Constitution, which prohibits the president from accepting things of value from foreign governments.
Trump's properties have charged the government over $1.1 million since his presidency began, with the Secret Service renting a three-bedroom cottage for $17,000 per month at the Bedminster club. Additionally, political contributions and campaign spending at Trump properties during his presidency are estimated at $10-17 million. China's preliminary approval of 38 trademarks in Trump's name for various businesses, including hotels and restaurants, further highlighted conflict of interest concerns.
In 2024, the New York Times and ProPublica reported that the Internal Revenue Service investigated whether Trump had improperly written off losses related to his Trump International Hotel and Tower in Chicago. The publications estimated that the revision sought by the IRS could result in a new tax bill of over $100 million, plus interest and penalties.
In September 2023, a judge ruled that Trump, his adult sons, and the Trump Organization had committed fraud, resulting in the cancellation of their New York business certificates and dissolution of their business entities. Trump was ordered to pay a penalty of over $350 million, and he was barred from heading any New York company for three years.
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Immunity from prosecution
The topic of former US President Donald Trump's potential violation of constitutional law has been a subject of discussion and legal scrutiny, particularly in relation to the January 6 Capitol riots and his efforts to overturn the 2020 election results. While Trump has faced various accusations and investigations, one notable aspect is the question of his immunity from prosecution during his time in office.
Trump has asserted that he is immune from prosecution due to his former position as President. This claim was rejected by Judge Chutkan, who stated that the presidency does not grant a person lifelong immunity from criminal charges. The case was then brought to the Supreme Court, which ruled that Trump has some immunity from prosecution for his official acts as President, but not for unofficial or private acts. This distinction between official and unofficial acts was acknowledged by Justice Roberts as sometimes challenging to determine.
The Supreme Court's ruling acknowledged that a president's official responsibilities are interpreted broadly, covering actions that are not manifestly or palpably beyond their authority. In the case of Trump, the Court deemed him presumptively immune from prosecution for discussions with former Vice President Mike Pence regarding their official responsibilities, such as Pence's role in certifying the election results. The Court left it to lower courts to decide on the immunity of Trump's interactions with private individuals and state officials, as well as his tweets.
The American Civil Liberties Union (ACLU) has criticized the Supreme Court's decision, arguing that it places presidents above the law and undermines the principle that nobody, including the president, is exempt from criminal prosecution. The ACLU highlighted the precedent set by President Gerald Ford's pardon of Richard Nixon, which would have been unnecessary if Nixon possessed absolute immunity. The Court's ruling has sparked concerns about lasting threats to civil liberties and the potential for abuse of power without equal accountability.
In conclusion, while Trump has asserted immunity from prosecution based on his former presidential status, the Supreme Court has ruled that his immunity is limited to official acts, with the specifics of each case being determined by lower courts. This decision has sparked a debate about the balance between presidential powers and accountability, with critics arguing that the ruling grants presidents significant leeway to engage in criminal acts without consequence.
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Criminal conspiracy
There are a variety of claims and investigations regarding former US President Donald Trump's involvement in criminal conspiracies.
The January 6 committee investigating the 2021 Capitol riots has stated that Trump broke several laws, including obstruction of an official proceeding and criminal conspiracy. The committee has amassed substantial evidence that Trump sought to obstruct the certification of the 2020 election, including by pressuring Vice President Mike Pence to delay the certification and working with others on a plan to stay in power. The committee has referred Trump's former lawyer, John Eastman, for prosecution on the same charges, noting that a federal judge had already concluded that evidence of a criminal conspiracy likely existed. The Justice Department is conducting its own investigation and will decide whether to pursue charges against Trump.
In addition, there have been allegations of a conspiracy between the media and intelligence officials to spread innuendo about Russian President Vladimir Putin controlling Trump. CIA Director John Ratcliffe's report on the Russia inquest confirmed that Russia did not favour Trump and that the idea was seeded by misbehaving federal agents.
Trump himself has repeatedly claimed that former President Barack Obama committed criminal acts and was involved in a treasonous conspiracy to thwart his chances in the 2016 election. These allegations have been dismissed by Obama's office as a "weak attempt at distraction". However, the Justice Department has stated that it will launch a "strike force" to assess evidence and determine the next legal steps, although prosecuting Obama would likely face significant legal hurdles.
Separately, there have been claims of an FBI conspiracy to spy on the Trump campaign during the 2016 election. This involved alleged document alterations by FBI agents and lawyers, which allowed the government to obtain warrants to wiretap Trump associates. These allegations are being investigated by special counsel John Durham.
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Birthright citizenship
On his first day in office, President Trump signed an executive order to end birthright citizenship, which guarantees that all babies born in the US are citizens of the country. This right is enshrined in the 14th Amendment to the US Constitution, which states: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The only group that does not attain birthright citizenship is children born to foreign diplomats, who are protected by sovereign immunity and are therefore not "subject to the jurisdiction" of the US. The Supreme Court has upheld this principle in cases such as United States v. Wong Kim Ark, where it confirmed that a child born in the US to non-citizen parents is a citizen under the 14th Amendment.
Trump's executive order has been widely criticised as unconstitutional and illegal. Multiple federal district courts and the ACLU have blocked the order, arguing that it violates the 14th Amendment and federal law. The ACLU has also sued the Trump administration on behalf of organisations whose children will be denied citizenship under the order.
Legal scholars and constitutional experts agree that Trump cannot end birthright citizenship with an executive order, as it would require a constitutional amendment with a two-thirds vote in both the House of Representatives and the Senate and approval by three-quarters of US states.
The attempt to revoke birthright citizenship has been called an "attack on newborns and future generations of Americans" and a "blatant violation of our Constitution." It has also been noted that ending birthright citizenship could create a "permanent subclass of people born in the US who are denied full rights as Americans."
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Frequently asked questions
There is evidence to suggest that Trump has broken constitutional law. A federal judge in Seattle called Trump's attempt to end birthright citizenship in the US "blatantly unconstitutional".
No, Trump has not been prosecuted for breaking constitutional law. The Justice Department is conducting an investigation and will decide whether to pursue charges.
There is evidence that Trump tried to obstruct the certification of the election, despite being told by aides that there was no fraud that could have affected the outcome.
Yes, a federal judge in Seattle blocked Trump's attempt to end birthright citizenship, calling it "blatantly unconstitutional".
Yes, Trump has benefited from constitutional law. He has received criminal immunity from prosecution, which has no basis in the Constitution's text or the Framers' expectations.
