Trump's Law-Breaking: A Presidential Crisis

Former US President Donald Trump has been accused of breaking the law on several occasions. In 2021, a mob of his supporters stormed the US Capitol in an attempt to overturn the 2020 election results. This led to widespread condemnation and legal challenges for Trump, including an impeachment for incitement of insurrection, though he was acquitted by the Senate. Trump has also been accused of conspiring to defraud the US, making false statements, and mishandling classified documents. In addition, he is the first former president in US history to be criminally convicted, having been found guilty of falsifying business records. Despite these controversies, Trump remains a influential figure in US politics, with some even suggesting that he could run for president again in 2024.

Obstruction of an official proceeding

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

In the case of former President Donald Trump, the Department of Justice alleges that he obstructed Congress’ certification of the electoral college results on January 6, 2021. This includes creating fake election certificates, pressuring then-Vice President Mike Pence to disregard President-elect Joe Biden's electors, and pushing the DOJ to falsely claim there were problems with the vote in Georgia or other states.

Trump's indictment, handed down by Special Counsel Jack Smith, focuses on his efforts to overturn the 2020 election. It argues that the Capitol riot was a direct result of Trump's actions and that he exploited the violence.

Trump has pleaded not guilty to the charge of obstruction of an official proceeding, along with the three other charges levelled against him.

The Legal Arguments

The legal question at the heart of this charge is whether Trump's actions can be considered "direct" or "indirect" obstruction of an official proceeding.

The "Omnibus Interpretation" argues that the scope of the statute is broad and includes all means by which a person can corruptly obstruct an official proceeding. This interpretation has been favoured by most of the D.D.C. judges considering this charge.

However, the "Liability Interpretation" argues that the statute only covers acts of obstruction where the actor is directly liable, rather than indirectly liable through the actions of a third party. Under this interpretation, Trump's actions might constitute indirect obstruction and would therefore be beyond the reach of the statute.

The Supreme Court will need to decide which interpretation of the statute is correct, and this will have a significant impact on whether Trump is found guilty of this charge.

Conspiracy to defraud the United States

The House January 6 select committee has considered a criminal referral to the justice department against former President Donald Trump for conspiracy to defraud the United States. This referral is based on evidence that Trump attempted to impede the certification of the 2020 election results, despite being told by aides that there was no fraud that could have affected the outcome.

The committee's referral cites Trump's efforts to obstruct the certification of the election, his attempts to pressure Vice President Mike Pence to delay the certification despite being told there was no legal basis for doing so, and his work with others inside and outside the government on a "multi-part plan" to stay in power.

The committee also recommended that conservative lawyer John Eastman be prosecuted for conspiracy to defraud the United States, noting that a federal judge in California had already concluded in a separate lawsuit that evidence of a criminal conspiracy likely existed. The committee identified Jeffrey Clark, a former senior Justice Department official, as another conspirator.

The conspiracy to defraud the United States charge is a general statute that makes it a crime to work with someone else to carry out fraud against the US. The statute carries a penalty of a fine or up to five years in prison.

The referral by the committee is largely symbolic, as Congress has no ability to compel prosecutions by the justice department. However, the justice department has been conducting its own investigation, led by special counsel Jack Smith, and it will decide whether to pursue charges against Trump.

Conspiracy to make a false statement

The House Jan. 6 committee urged the Justice Department to consider prosecuting Donald Trump for four different crimes, including conspiracy to make a false statement. This charge 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. These electors signed "patently false" certifications, and the committee maintains it has evidence that 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.

Trump has a long history of making false or misleading statements. The Washington Post documented 30,573 false or misleading claims during his presidential term, an average of about 21 per day. Other sources put the number even higher, with one source claiming that Trump has made tens of thousands of false or misleading claims.

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 own attorney who was trying to find and return them to the government.

Trump has also been criticized for spreading misinformation about the COVID-19 pandemic, the 2020 election, and the January 6 attack on the Capitol, among other topics.

The study of disinformation and misinformation has gained renewed focus in recent years, particularly in the context of social media and its impact on political discourse and elections. While some scholars argue that misinformation played a significant role in Trump's electoral success, others contend that it was not the primary factor and that other issues, such as economic crises and polarization, were more influential.

The field of misinformation studies is facing increasing scrutiny and criticism, with some arguing that it is challenging to define and measure the impact of misinformation on society. Additionally, the role of social media platforms in moderating content and the potential for censorship have become highly controversial topics.

Inciting or aiding an insurrection

On January 6, 2021, then-President Donald Trump was accused of inciting a violent insurrection at the US Capitol. Trump supporters stormed the building in a bid to prevent the certification of President Joe Biden's victory in the 2020 election.

Trump was impeached for a second time following the incident, with the House of Representatives charging him with "incitement of insurrection". The Articles of Impeachment described Trump's unsubstantiated claims that he won the election, his attempts to subvert the results in Georgia, and his inciting actions on January 6, including telling a crowd to "fight like hell".

The House Jan. 6 committee urged the Justice Department to consider prosecuting Trump for four crimes, including inciting or aiding an insurrection. The committee noted that Trump summoned rioters to Washington on January 6 with the goal of mobilizing a large crowd of supporters, and that some of the accused rioters charged by the Justice Department cited Trump's tweets as their inspiration.

The committee also highlighted Trump's inaction during the insurrection, noting that he showed no concern when rioters chanted "Hang Mike Pence" and resisted advisers' pleas to tell the rioters to disperse.

However, Special Counsel Jack Smith, who investigated Trump's 2020 election subversion, did not charge him with insurrection. Smith's report explained that he struggled to conclude that Trump had broken the letter of the law, even if he had violated its spirit. Smith also noted that insurrection charges typically involve an attack against a sitting government rather than an attempt to remain in power.

Furthermore, Smith stated that he could not find any direct evidence of Trump saying that the full scope of violence was his goal, making it challenging to bring charges of inciting an insurrection.

Mishandling classified documents

Former US President Donald Trump has been indicted on 37 felony counts related to the mishandling of classified documents, obstructing justice, and making false statements. The indictment, released by the Department of Justice, alleges that Trump shared a classified map related to an ongoing military operation and improperly stored boxes containing classified documents at his Florida home, Mar-a-Lago. The documents were found to be stored in various locations, including a ballroom, bathroom, and shower.

The indictment also alleges that Trump took steps to retain classified documents that had been subpoenaed by the Justice Department. In May 2022, Trump received a subpoena demanding the return of the classified documents. However, according to the indictment, Trump resisted the search for the documents and even considered not responding to the subpoena. Furthermore, Trump is accused of instructing his valet, Walt Nauta, to remove boxes containing classified documents from where his lawyer, Evan Corcoran, intended to search. Nauta has been named as a co-defendant in the indictment.

Federal prosecutors presented evidence that Trump shared classified information on two separate occasions. The first incident occurred in July 2021, when Trump shared materials concerning a US "plan of attack" against Iran at a meeting at his Bedminster golf club in New Jersey. The second incident took place in August or September 2021 when Trump shared a top-secret military map with a staffer at his political action committee, admitting that he shouldn't be showing the map. These incidents demonstrate that Trump knowingly disseminated classified information to unauthorized individuals.

The mishandling of classified documents by Trump has raised serious concerns about national security and has led to criminal charges being brought against him. The case against Trump is ongoing, and the potential consequences of a conviction are yet to be determined.

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