Trump's Constitutional Law Violations: What Happened?

Former US President Donald Trump has been accused of breaking constitutional law on several occasions. One of the most notable instances was the 2021 Capitol Riots, where a mob of Trump supporters stormed the US Capitol, resulting in calls for Trump's removal from power. Trump has also been accused of using hush money to cover up extra-marital affairs, violating campaign finance laws, and issuing executive orders that have been deemed blatantly unconstitutional by federal judges. In addition, Trump's administration has been criticised for its attempts to limit free speech and the freedom of the press, as well as its deployment of federal agents and surveillance to silence Black Lives Matter protesters.

Trump's hush-money payments

In 2024, former President Donald Trump was found guilty of 34 felony counts of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to porn actor Stormy Daniels, who said the two had sex. Trump's former lawyer and personal fixer, Michael Cohen, made the payments to Daniels and Playboy model Karen McDougal, who also claimed to have had an affair with Trump. Cohen pleaded guilty to serious campaign finance violations, stating that the crimes were directed by Trump "for the principal purpose of influencing the election."

The hush money payments made to Daniels and McDougal were not disclosed, and some legal experts believe that these payments violated campaign finance laws. The payments were made from Trump's personal funds, and he has denied any wrongdoing, stating, "They weren't crimes."

The sentencing for Trump's hush money case took place in January 2025, just days before his second inauguration. He received an "unconditional discharge," meaning no jail time, fines, or probation. However, the conviction will remain on his permanent record, making him the first president to be sworn into office as a convicted felon.

Trump blasted the trial as a "rigged trial" and a "political witch hunt," claiming it was done to damage his reputation. He also attacked Cohen's credibility, calling him a "totally discredited person" and stating that he had "no standing." Despite the lenient punishment, Trump still faced significant political and legal fallout from the case, with some experts arguing that it reinforced the public's perception of his boundary-breaking behavior.

Trump's executive orders

Donald Trump's executive orders have been a source of concern for legal experts, historians, and scholars, who believe that he has shown a greater willingness than his predecessors to violate the constitution and federal law.

One of Trump's most controversial orders was the one concerning birthright citizenship, which a federal judge temporarily blocked, calling it "blatantly unconstitutional". The order aimed to restrict automatic citizenship to babies born on US soil to children born to undocumented or temporary immigrants. This would have affected the rights and benefits of more than 150,000 children born each year and left some of them stateless.

Trump also ordered a review of all government records related to the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and Dr. Martin Luther King Jr., with the intention of releasing all information to the public. This move was seen as indulging in conspiracy theories, as Trump has long promoted baseless claims about these assassinations.

Another order that caused alarm and chaos was the federal funding freeze, which disrupted Medicaid payments, childcare programs, meals for seniors, housing subsidies, and special education programs. This was seen as an attempt by the Trump administration to ignore Congress's constitutional power of the purse.

Trump also signed an executive order creating a working group devoted to cryptocurrency while having a significant personal stake in the success of the crypto industry. This raised concerns about conflicts of interest, as he is trying to write the rules for business ventures from which he may personally profit.

In addition, Trump offered an unprecedented federal employee buyout program, which legal and government experts warned may violate the Anti-Deficiency Act, which prohibits the government from spending more than Congress has appropriated.

Furthermore, Trump's administration attempted to dismantle independent agencies, such as USAID, and granted private individuals like Elon Musk access to sensitive government systems, triggering legal challenges and debates over the limits of presidential power.

Trump's rapid-fire and controversial executive actions have been described as a "blitzkrieg on the law and the constitution" by Laurence Tribe, a leading constitutional scholar. These actions have raised urgent legal and constitutional questions that could take years to fully unravel.

Trump's abuse of power

During his time in office, Donald Trump faced a number of accusations of abusing his power. One of the most prominent of these was the allegation that he broke campaign finance laws by using hush money to cover up extra-marital affairs. Adult film actress Stormy Daniels and Playboy model Karen McDougal allegedly received six-figure payouts from people connected to Trump to keep quiet about affairs they had with him. Trump's former personal lawyer, Michael Cohen, pleaded guilty to campaign finance violations, stating that the crimes were directed by Trump "for the principal purpose of influencing the election". However, Trump denied any wrongdoing and legal experts were divided on whether these payments constituted a violation of campaign finance laws.

Trump was also accused of abusing his power through his deployment of federal agents and surveillance to silence Black Lives Matter protesters and anyone else he deemed to oppose his policies. He also threatened to use his presidential power to punish his political enemies and attacked journalists who criticized him. Trump's administration further threatened to use force to quell protests and deployed federal agents and National Guard troops who used excessive force against protestors and journalists.

Trump's actions towards protestors and the media indicate a disregard for First Amendment rights and a willingness to use his position of power to stifle dissent and undermine checks and balances on presidential power. This abuse of power continued in his second term, as he pardoned nearly 1,600 people charged in the attack on the Capitol on January 6, 2021, and ordered officials to dismiss any related cases still moving through Federal District Court.

In addition, Trump's executive orders caused controversy, with one seeking to restrict automatic citizenship for babies born on American soil to undocumented immigrants and temporary residents being deemed "blatantly unconstitutional" by a federal judge. Another executive order aimed to support the growth of cryptocurrencies in which Trump had a personal stake, raising concerns about conflicts of interest.

Trump's deployment of federal agents

In June 2020, the Trump administration began deploying federal law enforcement forces to select cities across the United States in response to rioting and monument removals amid the George Floyd protests. This deployment was code-named Operation Legend.

The Department of Homeland Security (DHS) cited an executive order regarding "monuments, memorials and statues" as allowing federal officers to be deployed without the permission of individual U.S. states, as the federal government has the right to enforce federal laws, investigate crimes and make arrests within states.

The move was met with lawsuits, rebukes, and concerns over constitutionality. The deployment of federal agents to U.S. cities was seen by some as an “egregious overreaction” by federal officers, with Portland's mayor, Ted Wheeler, being tear-gassed by federal agents while attending a protest.

The operation will see agents from the FBI, Marshals Service, and other federal agencies work with local law enforcement, according to the US Department of Justice.

Trump, whose opinion poll numbers had been slumping amid a coronavirus-crippled US economy, said:

> "This rampage of violence shocks the conscience of our nation."

The president, who accused Democrats of being weak on crime, added:

> "In recent weeks there has been a radical movement to defend, dismantle and dissolve our police departments... This bloodshed will end."

US Attorney General William Barr, who was with Mr Trump, said they had sent about 200 federal agents to Kansas City, Missouri. They would send a "comparable" number to Chicago and about 35 others to Albuquerque, New Mexico.

Barr said the officers would be involved in "classic crime-fighting", unlike the deployment of Department of Homeland Security agents which were sent to "defend against riots and mob violence" in Portland.

However, policing in the US is the responsibility of states, and governors and local officials have resisted the deployment of federal agents. Oregon Governor Kate Brown called it "a blatant abuse of power," and Mayor Ted Wheeler "an attack on our democracy."

Chicago Mayor Lori Lightfoot said:

> "We welcome actual partnership, but we do not welcome dictatorship."

The deployment of federal forces to U.S. cities raised "the prospect of a constitutional crisis" according to the Associated Press.

The Oregon chapter of the American Civil Liberties Union (ACLU) filed a lawsuit against local entities, claiming that police targeted and attacked journalists and legal observers. The ACLU added the Department of Homeland Security and the United States Marshals Service as defendants in that lawsuit.

The governor of Oregon, Kate Brown, said the actions of the federal agents were a "blatant abuse of power" and reported having told Acting Homeland Security Secretary Chad Wolf that "the federal government should remove all federal officers from our streets" and accused him of "putting both Oregonians and local law enforcement officers in harm's way".

Senior U.S. Senator for Oregon, Ron Wyden, described the federal officers as an "occupying army—complete with fatigues, military-style equipment and tactics that are utterly unacceptable in an American city."

Trump's threat to free speech

Former US President Donald Trump's unique speaking style, which propelled him to the White House, has been described as "agitatory". While the First Amendment gives US citizens the right to free speech, it does not protect speech that is used to commit a crime, defraud or threaten someone, or to incite a riot.

Trump has made more than a hundred threats to prosecute or punish his perceived opponents, including private citizens, protestors, dissenters, and journalists. He has also made attempts to overturn elections, and has been accused of inciting the attack on the Capitol on 6 January 2021.

Trump's actions and statements have been described as a threat to the foundations of democracy, and an unprecedented challenge to constitutional values. The American Civil Liberties Union (ACLU) has stated that it will work to change the politics around the First Amendment and individual liberty so politicians are more likely to defend them.

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