Trump's Law-Breaking: How Is He Still President?

Former US President Donald Trump has been convicted of multiple crimes, including falsifying business records, conspiracy to defraud the US, and conspiracy against the rights of citizens. Despite this, he has not been imprisoned and continues to enjoy immunity from prosecution for official acts carried out while in office. This sets a dangerous precedent that presidents are above the law and has raised concerns about the potential for future presidents to escape criminal accountability.

Trump's criminal convictions and ongoing legal issues have sparked debates about the implications for his political career and whether he can still run for president. While some argue that his convictions should disqualify him from holding office again, others believe that he could pardon himself or order charges to be dismissed if he returns to power.

The full extent of the legal consequences Trump will face remains uncertain, and only time will tell if he will ever be held truly accountable for his actions.

Trump's immunity from prosecution for official acts as president

In the case of Trump v. United States, the Supreme Court ruled that former President Trump is at least presumptively immune from criminal liability for his official acts and is absolutely immune for some "core" acts. This includes his attempts to use the Justice Department to obstruct the results of the 2020 election. The Supreme Court's decision to grant Trump immunity for his official acts as president has been criticised for setting a dangerous precedent that places presidents above the law.

The American Civil Liberties Union (ACLU) argued that the U.S. Constitution and decades of Supreme Court precedent support the principle that nobody is above the law, including the president. While the court rejected Trump's claim of absolute immunity for all acts, it granted him substantial immunity for criminal conduct undertaken through his official powers. This includes his use of the Justice Department for fraudulent purposes, which the court ruled he is absolutely immune from prosecution for.

The Supreme Court's ruling has been criticised for giving presidents legal cover to break the law when using their formal powers and for obstructing accountability for Trump's actions. The decision sets a precedent that future presidents can act above the law when using their official powers, which many argue is a threat to democracy and the rule of law.

While Trump has been granted immunity for his official acts as president, he is still vulnerable to prosecution for his private acts. The Supreme Court held that a president can be prosecuted for unofficial, purely private acts, and Trump has been charged with several criminal counts related to his status as a political candidate rather than a sitting president. These charges include conspiracy to defraud the U.S. and conspiracy against the rights of citizens.

The Supreme Court's ruling on Trump's immunity for official acts as president has had a significant impact on his legal standing, but he still faces several criminal charges and potential consequences.

Trump's conspiracy to defraud the US

In January 2025, a report by Special Counsel Jack Smith concluded that former US President Donald Trump had engaged in an "unprecedented criminal effort" to overturn the 2020 election results. Trump was indicted on four counts, including conspiracy to defraud the United States. The report stated that there was sufficient evidence to convict Trump, but his victory in the 2024 election meant that the prosecution could not continue.

The indictment alleged that Trump and his co-conspirators used "knowingly false claims of election fraud" to pressure state officials and election officials to subvert the legitimate election results and change electoral votes from Joe Biden to Trump. It also accused Trump of encouraging his supporters to protest against the election results, which ultimately led to the January 6 attack on the US Capitol.

Trump pleaded not guilty to all charges and has repeatedly characterised the investigation as a politically motivated attempt to damage his campaign and political movement. However, legal experts believe that the Supreme Court's decision to grant Trump immunity for official acts committed while in office sets a dangerous precedent and makes it unlikely that he will be convicted or serve prison time.

Conspiracy to Defraud the United States

Trump was charged with conspiracy to defraud the United States by using "dishonesty, fraud, and deceit" to obstruct and defeat the lawful government function of collecting, counting, and certifying the results of the 2020 presidential election. The indictment alleged that Trump and his co-conspirators spread false claims of election fraud and pressured state officials to ignore the popular vote, disenfranchise millions of voters, and replace legitimate electors with fraudulent ones.

Trump's obstruction of an official proceeding

On August 1, 2023, former President Donald Trump was charged with four criminal counts, including conspiracy to defraud the US, conspiracy against the rights of citizens, and two counts of obstructing an official proceeding. The obstruction charges relate to Trump's alleged attempts to overturn the 2020 election results and Joe Biden's victory.

Trump is accused of obstructing Congress' certification of the electoral college results on January 6, 2021. This includes creating fake election certificates, pressuring then-Vice President Mike Pence to reject Biden's electors, and pushing the Department of Justice to falsely claim there were issues with the vote in Georgia or other states.

Obstructing an official proceeding is defined under the penal code as "corruptly" obstructing, impeding, or interfering with any official government proceeding. It carries a penalty of a fine or up to 20 years in prison.

In June 2024, the Supreme Court ruled in Fischer v. United States that the obstruction statute could only be applied when the defendant impaired a physical document or object used in an official proceeding or attempted to do so. This set a higher bar for conviction than had been used in previous trials.

The outcome of the charges against Trump remains uncertain. Some legal experts argue that Trump could be protected by presidential immunity, while others believe a fine is the most likely outcome.

Trump's incitement of an insurrection

On January 6, 2021, former President Donald Trump addressed a crowd of his supporters, who then invaded the US Capitol building in an attempt to prevent the certification of Joe Biden's election victory. This event, which resulted in several deaths and injuries, has come to be known as the Capitol Riot.

Trump's speech on that day has been accused of inciting the insurrection. In it, he used the word "fight" more than ten times, and his supporters were recorded chanting "hang Mike Pence" after Trump spent weeks pressuring his vice-president to use his position to change the election outcome.

While Trump has not been charged with incitement, he has faced other charges relating to the Capitol Riot, including conspiracy to defraud the US, conspiracy to obstruct an official proceeding, and conspiracy against the rights of citizens. Trump has denied any wrongdoing and claimed that the charges are politically motivated.

The Supreme Court has ruled that Trump has partial immunity in relation to the charges, as presidents have broad immunity from criminal prosecution for official acts they undertake. However, the charges against Trump relate to his status as a political candidate rather than a sitting president, and it is argued that he acted as a private citizen.

The legal proceedings against Trump are ongoing, and it remains to be seen whether he will be convicted of any crimes related to the Capitol Riot.

Trump's conspiracy to make a false statement

In January 2025, a US Justice Department report was released detailing former President Donald Trump's attempts to overturn the 2020 election result. The report outlines Trump's efforts to spread false claims of widespread voter fraud, pressure state lawmakers not to certify the vote, and ultimately use fraudulent groups of electors to stop Congress from certifying Joe Biden's victory.

Trump was indicted on 37 federal charges, including conspiracy to obstruct justice and the unauthorized retention of classified documents. The report also mentions Trump's alleged conspiracy to defraud the US and conspiracy against the rights of citizens, in relation to his attempts to overturn the election.

Trump has denied any wrongdoing and claimed that the prosecution is politically motivated. He has pleaded not guilty to all charges.

While Trump has not been convicted of conspiracy to make a false statement, the Justice Department report and the subsequent indictment suggest that prosecutors believe he conspired to spread false information and deceive the public regarding the 2020 election results.

The outcome of the case is uncertain, as it navigates the complex issue of presidential immunity and the interpretation of the Supreme Court's ruling on this matter. Trump's lawyers have argued that he has broad immunity as a sitting president, while Special Counsel Jack Smith interprets the ruling to allow the case to move forward.

The potential consequences of the case are significant, with each charge carrying the possibility of fines or prison time. However, the likelihood of Trump serving jail time is uncertain due to logistical, security, and political considerations.

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