Trump's Legal Troubles: Laws Broken During His Presidency

Former US President Donald Trump has been involved in a plethora of legal cases, with over 4,000 cases filed against him and his businesses in US federal and state courts between 1973 and 2016. In 2024, Trump was convicted of 34 counts of falsifying business records in the first degree, a felony in New York. The conviction was related to a $130,000 hush money payment made by his attorney, Michael Cohen, to adult film star Stormy Daniels before the 2016 election. Trump has also been accused of sexual assault and harassment, with one accusation resulting in civil liability. Additionally, the House Jan. 6 committee has urged the Justice Department to consider prosecuting Trump for four crimes related to his efforts to overturn the 2020 election results and his behaviour during the Capitol insurrection.

Obstruction of an official proceeding

On August 1, 2023, a grand jury indicted former US President Donald Trump on four charges for his conduct following the 2020 presidential election, including "obstructing an official proceeding" and "conspiring to obstruct an official proceeding". The charges relate to the January 6, 2021, Capitol attack and Trump's alleged involvement in attempts to overturn the 2020 election results.

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

In Trump’s case, the Department of Justice (DOJ) alleges that he obstructed Congress’ certification of the electoral college results on January 6, 2021. The DOJ claims that Trump created fake election certificates declaring himself the winner of key swing states and pressured then-Vice President Mike Pence to disregard President-elect Joe Biden’s electors. The DOJ also asserts that Trump pushed the DOJ to falsely claim there were problems with the vote in Georgia or other states.

Trump's indictment states that he and his co-conspirators:

> Lied to pressure "state legislators and election officials" to change votes from Biden to Trump.

> Organized fake electors in seven states (Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin) who sent their fake certificates "to the Vice President".

> "Attempted to use the power and authority of the Justice Department" to launch fake investigations, send warning letters to the seven states, promote the fake electors as valid, and pressure the states' legislatures to convene to formally choose the fake electors over the real ones.

> To enlist Mike Pence to change the election results. After Pence resisted their pressure, Trump and co-conspirators urged a mob to march to the Capitol to continue pressuring Pence.

On the morning of January 6, 2021, Trump gave a speech at a rally near the White House, encouraging his supporters to walk to the Capitol and "incite within Republican lawmakers the 'kind of pride and boldness' they need to take back our country". Provoked by Trump, a mob of his supporters stormed the Capitol, resulting in hundreds of criminal proceedings.

The House of Representatives voted to impeach Trump for a second time on January 13, 2021. He was acquitted by the Senate on February 13. The House also voted to create a select committee to investigate the attack, which later recommended charging Trump with four charges, two of which were brought against him in the indictment: obstructing an official proceeding and conspiring to obstruct an official proceeding.

Conspiracy to defraud the United States

The January 6 committee said that 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. The committee also said that Trump tried to overturn the election results by angrily beseeching Vice President Mike Pence to delay the certification, even though he was told there was no legal basis for him to do so. The committee also said that Trump worked with others, both 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 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 committee also said that other Trump associates engaged in the same conspiracy, though it did not attempt to identify all of them since many refused to cooperate with the panel.

The indictment, filed by the special counsel Jack Smith, accuses Mr. Trump of three conspiracies: one to defraud the United States; a second to obstruct an official government proceeding, the certification of the Electoral College vote; and a third to deprive people of a civil right, the right to have their votes counted.

The indictment mentions six unnamed co-conspirators. It is Trump's third indictment and the first indictment against a US president concerning actions while in office.

The charge with the longest sentence carries a maximum of 20 years in prison. Penalties for the charges include:

• Conspiracy to defraud the US is punishable by a fine or up to five years in prison
• Obstructing an official proceeding is punishable by a fine or up to 20 years in prison
• Conspiracy against rights is punishable by a fine or not more than 10 years in prison, or both

Conspiracy to make a false statement

The committee's recommendation for this charge stems from 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 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.

Inciting or aiding an insurrection

On January 6, 2021, a mob of then-President Donald Trump's supporters violently stormed the U.S. Capitol building in Washington, D.C. The rioters were attempting to prevent the U.S. Congress from certifying the victory of President-elect Joe Biden in the 2020 presidential election. This incident, which resulted in property damage, injuries, and five deaths, has been described as an insurrection.

Trump was impeached by the House of Representatives on January 13, 2021, for "incitement of insurrection." The House argued that Trump's false claims of election fraud, attempts to pressure state officials into overturning election results, and inflammatory rhetoric directed at his supporters, were responsible for inciting the insurrection.

Trump was specifically accused of encouraging his supporters to violence during a speech at the Ellipse, near the White House, prior to the insurrection. During the speech, he told his supporters to "fight like hell," and said that if they didn't, "you're not going to have a country anymore."

The House also pointed to Trump's inaction during the insurrection as evidence of his culpability. For hours, he resisted the pleas of advisers who told him to tell the rioters to disperse, and he showed no concern when they chanted, "Hang Mike Pence!"

Trump was impeached by the House, but later acquitted by the Senate, on a charge of incitement after the attack on the Capitol. Some legal experts have questioned whether the Department of Justice could successfully prosecute Trump for inciting the insurrection, given the protections afforded to speech by the First Amendment.

In addition to the federal charges, Trump also faces several civil lawsuits related to the insurrection. In December 2023, a federal appeals court ruled that Trump could be sued for inciting violence on January 6, 2021. The court rejected Trump's argument that presidential immunity shielded him from liability in the lawsuits, which were brought by Democratic lawmakers and police officers injured in the riot.

The Department of Justice is conducting a separate criminal investigation into the insurrection, led by special counsel Jack Smith. It remains to be seen whether Trump will be charged with inciting or aiding the insurrection as a result of this investigation.

Sexual assault and harassment

Donald Trump has been accused of sexual assault and harassment by at least 25 women since the 1970s. He has denied all allegations, saying he has been the victim of media bias, conspiracies, and a political smear campaign.

• In 1989, Trump's first wife, Ivana Trump, accused him of rape in a divorce deposition. She later said she hadn't meant it in a "literal or criminal sense."
• In 1997, Jill Harth filed a lawsuit against Trump, accusing him of non-consensual groping and "relentless" sexual harassment. She dropped the suit after her then-boyfriend settled with Trump in a separate breach of contract case.
• In 1994, a 13-year-old child accused Trump and Jeffrey Epstein of rape at underage sex parties. The lawsuit was dropped in November 2016.
• In 1995 or 1996, writer E. Jean Carroll accused Trump of rape in a department store dressing room. A jury found Trump liable for sexual abuse and defamation, awarding Carroll $5 million in damages. In January 2024, Trump was ordered to pay Carroll an additional $83.3 million in damages.
• In 2005, Trump was recorded bragging about kissing and groping women without their consent. He said: "You know I'm automatically attracted to beautiful—I just start kissing them. It's like a magnet. Just kiss. I don't even wait. And when you're a star, they let you do it, you can do anything... grab them by the pussy."
• In 2007, Summer Zervos, a contestant on The Apprentice, accused Trump of kissing and groping her without her consent. She filed a defamation lawsuit against him in 2017, which she withdrew in 2021.
• In 2016, Jessica Leeds accused Trump of groping her breasts and trying to put his hand up her skirt on a flight in the 1980s.
• In the early 1990s, Kristin Anderson accused Trump of groping her beneath her skirt in a nightclub.
• In 1993, Stacey Williams alleged that Trump groped her breasts and buttocks while Jeffrey Epstein looked on.
• In 1996, Lisa Boyne said Trump made models walk across a table and looked under their skirts to see if they were wearing underwear.
• In 1997, Cathy Heller said Trump grabbed and kissed her against her will at a Mother's Day brunch.
• In 1997, Temple Taggart McDowell, a former Miss Utah USA, accused Trump of unwanted kisses and embraces.
• In 1997, Amy Dorris said Trump groped and forcibly kissed her at the US Open tennis championship.
• In 1998, yoga instructor Karena Virginia said Trump grabbed her arm and touched her breast while she waited for a ride.
• In the early 2000s, Karen Johnson accused Trump of pulling her behind a tapestry and forcibly kissing and groping her during a New Year's Eve party.
• In 2003, Mindy McGillivray said Trump groped her buttocks at his Mar-a-Lago estate.
• In 2005, Rachel Crooks, a receptionist at Trump Tower, said Trump kissed her "directly on the mouth" without consent when they first met.
• In 2005, Natasha Stoynoff, a former reporter for People magazine, said Trump pushed her against a wall and forcibly kissed her during an interview at Mar-a-Lago.
• In the mid-2000s, Juliet Huddy, a former Fox News anchor, said Trump kissed her unexpectedly and without her consent in Trump Tower.
• In 2006, Jessica Drake, an adult film actor, accused Trump of grabbing, kissing, and offering her $10,000 to come to his hotel room.
• In 2006, Ninni Laaksonen, Miss Finland 2006, said Trump squeezed her butt backstage at the Late Show with David Letterman.
• In 2013, Cassandra Searles, Miss Washington USA, said Trump "continually grabbed my ass and invited me to his hotel room."
• In 2016, Alva Johnson, a former campaign staff member, alleged that Trump grabbed her hand and kissed her on the side of the mouth without her consent during a rally.

In addition to these accusations, multiple women have described Trump forcibly reaching under their skirts, and several former Miss USA and Miss Teen USA contestants claimed Trump inappropriately walked in on them in changing rooms.

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