Gavin Howe
There is much debate over whether former US President Donald Trump broke the law during his time in office. The Supreme Court's decision to grant Trump immunity from prosecution for criminal acts committed while in office has set a dangerous precedent for all future presidents. The Jan 6 committee has issued criminal referrals against Trump and lawyer Eastman, and the Justice Department has brought obstruction of an official proceeding charges against dozens of rioters. Some jurors could think campaign finance laws were broken and others could think there were tax violations.
| Characteristics | Values |
|---|---|
| Campaign finance laws | Broken |
| Tax laws | Violated |
| Obstruction of an official proceeding | Charged |
| Immunity for criminal conduct while in office | Granted |
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What You'll Learn
Campaign finance laws
Trump is accused of breaking campaign finance laws. In 2018, his former lawyer Michael Cohen testified that he had arranged illegal hush-money payments to two women who had allegedly had liaisons with Trump. Cohen also said that Trump had reimbursed him for one of these payments, which was an illegal campaign contribution. Trump has denied this, saying that it was not a campaign contribution and that there were no violations of campaign finance laws.
Cohen's payment to Stormy Daniels, an adult film actress, was part of a nondisclosure agreement. Daniels alleged that Trump's lawyer paid her $130,000. If the intent was to influence the election, then Cohen's payment would be an in-kind contribution to Trump's campaign.
Trump also violated campaign finance law by asking Ukraine to make an "expenditure" to help his reelection efforts. An "expenditure" that is coordinated with a candidate is a campaign contribution.
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Tax violations
In May 2023, former President Donald Trump was arraigned on an indictment for 34 felony false books and records charges in New York. Manhattan District Attorney Alvin Bragg pointed to federal and state campaign finance violations as possible crimes, but also suggested that tax violations may serve as a basis for this felony "bump-up". Bragg's statement of facts declared that "The participants also took steps that mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme".
The Manhattan DA's indictment alleges that the Trump Organization's business and organizational records included a series of invoices and ledger entries recording the arrangement, characterising 11 payments as legal fees for Cohen's services. These entries form the basis of the 34 books and records counts.
The New York State Department of Taxation and Finance has also launched an investigation following a New York Times report that says Trump used questionable schemes and outright fraud to avoid paying taxes and greatly increase his fortune, which started with money from his parents.
Commentators have noted the potential power of the tax allegations to help Bragg bolster his case. Tax-related charges could sidestep potential legal challenges related to campaign finance violations including, for example, issues of federal preemption and state statutory interpretation.
Assistant District Attorney Christopher Conroy has said: "After the election, defendant reimbursed the lawyer through a series of disguised monthly payments that hid the true nature of the payoff by causing a series of false business records in the records of the Trump Organization here in Manhattan, and even mischaracterized for tax purposes the true nature of the payment. Defendant falsified these New York business records with the intent to defraud, including the intent to commit another crime, and to aid and conceal the commission of another crime."
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Obstruction of an official proceeding
Trump has been accused of breaking campaign finance laws and tax laws. The Jan. 6 committee has also issued criminal referrals against him and lawyer Eastman.
Trump has been charged with obstructing an official proceeding and conspiracy to obstruct an official proceeding for his conduct following the 2020 presidential election through the January 6 Capitol attack. Obstructing an official proceeding is defined under the penal code as “corruptly” obstructing, impeding or interfering with any official government proceeding, and it carries up to 20 years in prison. Hundreds of people who were arrested after the January 6 riot at the Capitol also received an obstruction of an official proceeding charge.
In 2019, Roger Stone was convicted of obstructing an official proceeding as part of the Mueller Special Counsel investigation, for lying to the U.S. House Committee on Intelligence and encouraging another witness to lie for him. Stone was later pardoned by President Donald Trump.
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Conspiracy to commit fraud
While Donald Trump was granted immunity by the Supreme Court for a wide range of criminal conduct committed while in office, he has still been accused of breaking several laws.
Trump has been accused of breaking campaign finance laws, tax laws, and election laws. In 2018, Cohen pleaded guilty to campaign finance crimes in conjunction with a payment, saying they constituted an illegal campaign contribution. Cohen also created a fake shell company to send a payment in 2016, which could be considered falsifying other business records. Trump has also been accused of violating tax laws by making false entries on tax returns related to the payment.
In addition, Trump has been accused of violating New York Election Law Section 17-152, which prohibits groups from using unlawful means to influence an election. Prosecutors offered three theories about the unlawful means: a tax crime, falsification of bank records, or campaign finance violations. Federal campaign finance law requires that federal candidates disclose bank loans used in connection with their campaigns, which Trump failed to do. If the money attributable to Ruffin was really for the benefit of the Trump 2016 campaign, it would be far above the $5,400 limit for an individual donor at the time.
Trump has also been accused of conspiring with others to commit these crimes. Under the concept of "accessorial liability," Trump can be convicted for crimes he undertook in conjunction with someone else as long as there is proof that he "solicited, requested, commanded, importuned, or intentionally aided that person to engage" in the illegal conduct. This means that even if Cohen or someone else directly carried out an illegal action, Trump could still be convicted if the jury found that he enabled the crime.
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Immunity from prosecution
The Supreme Court's decision to grant Donald Trump immunity from prosecution for criminal acts committed while in office has set a dangerous precedent for all future presidents. The Supreme Court's decision means that Trump cannot be prosecuted for a wide range of criminal conduct committed during his presidency.
The Supreme Court's decision to grant Trump immunity from prosecution is a significant departure from previous understandings of presidential immunity. Before Trump, no one had even argued that presidents are absolutely immune from criminal liability after they leave office. Indeed, every president – including Trump himself – assumed the opposite. In his impeachment trial, Trump’s lawyers argued against impeachment by conceding that an acquittal would not be the end of potential accountability, because he could be criminally prosecuted after he left office.
The Jan. 6 committee has issued criminal referrals against Trump and lawyer Eastman, citing obstruction of an official proceeding charges. The Justice Department is also known to be investigating an alleged scheme by Trump allies to submit “fake electors” in battleground states won by Biden.
Trump has also been accused of breaking campaign finance laws and tax laws. The judge in the Trump Hush Money Trial explained to the jury what’s known as “accessorial liability,” meaning that Trump can still be convicted for crimes he undertook in conjunction with someone else as long as there’s proof that he “solicited, requested, commanded, importuned, or intentionally aided that person to engage” in the illegal conduct.
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Frequently asked questions
Trump has been accused of breaking campaign finance laws, tax laws and election laws. He has also been charged with obstruction of an official proceeding.
The Jan 6 committee has issued criminal referrals against Trump and his lawyer, Eastman.
The Supreme Court has granted Trump immunity for a wide range of criminal conduct committed while in office.
The Fifth Amendment privilege against self-incrimination allows someone to refuse to answer questions that may incriminate them.
