Cameron Miranda
Former US President Donald Trump has been accused of breaking several laws. The Jan. 6 committee has said that Trump broke laws, including conspiracy to obstruct an official proceeding, and the Justice Department is investigating an alleged scheme by Trump allies to submit fake electors in battleground states won by Biden. Trump has also been accused of falsifying reimbursement checks he paid to ex-attorney Michael Cohen, who paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations of an affair.
| Characteristics | Values |
|---|---|
| Laws allegedly broken | Impoundment Control Act of 1974 |
| Anti-Deficiency Act | |
| Fifth Amendment |
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What You'll Learn
The Impoundment Control Act of 1974
The Act created the procedural means by which the Congress considers and reviews executive branch withholdings of budget authority. It requires the President to report promptly to the Congress all withholdings of budget authority and to abide by the outcome of the congressional impoundment review process.
The Congressional Budget and Impoundment Control Act of 1974 (ICA) reasserted Congress' power of the purse. Specifically, Title X of the Act – "Impoundment Control" – established procedures to prevent the President and other government officials from unilaterally substituting their own funding decisions for those of the Congress. The Act also created the House and Senate Budget Committees and the Congressional Budget Office.
Trump was accused of breaking several laws during his time in office. He was accused of falsifying reimbursement checks he paid to ex-attorney Michael Cohen, after Cohen paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations of an affair. He was also acquitted of conspiracy to obstruct an official proceeding.
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The Anti-Deficiency Act
Trump was impeached by the House on a charge of incitement after the attack on the Capitol. Legal experts have questioned whether the Justice Department could successfully prosecute Trump for inciting the insurrection based on a speech he gave at the Ellipse that preceded the riot. In that address, he encouraged the crowd to "fight like hell" but also told them to proceed peacefully to the Capitol. The committee says Trump summoned rioters to Washington on January 6 with the goal of mobilizing a large crowd of supporters. Some of the accused rioters charged by the Justice Department have cited Trump's tweets encouraging them to come as their inspiration.
The focus now shifts to the Justice Department and whether it will concur that the evidence is sufficient for prosecution.
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Incitement to insurrection
On 16 January 2021, President Trump was impeached for the second time on a charge of 'incitement of insurrection'. The House defined a crime of incitement of insurrection, looking to the 14th Amendment for legal support. Section 3 of the 14th Amendment prohibits any elected official who, after swearing an oath to support the Constitution of the United States, goes on to engage in 'insurrection or rebellion'. Insurrection is captured by 18 U.S.C. § 2383 and applies to 'whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the law there, or gives aid or comfort thereto'. Charges of insurrection, or the incitement of insurrection, carry fines and imprisonment of up to 10 years. Individuals charged with insurrection are also ineligible to hold public office in the United States.
While incitement of insurrection and incitement of violence sound similar, they are not synonymous. The Senate began its impeachment trial of former President Trump on 9 February 2021, after the House approved a single article of impeachment, charging him with 'incitement of insurrection' over the 6 January 2021 riot at the U.S. Capitol.
Trump was also accused of falsifying reimbursement checks he paid to ex-attorney Michael Cohen, after Cohen paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations of an affair. Prosecutors argued the checks were falsely labelled as being for legal services. While falsification of business records only requires someone to have 'made or caused a false entry in the business records of an enterprise' under New York law, the crime becomes a felony if it's proven the defendant falsified records 'with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof'. The jury must show Trump falsified records to cover a second crime, which prosecutors allege is New York's election law prohibiting 'conspir [ing] to promote or prevent the election of any person to a public office by unlawful means'. Cohen allegedly paid off Daniels in order to boost Trump's election campaign. The third crime could also be falsifying other business records, after Cohen created a fake shell company to send the Daniels payment in 2016, or violating tax laws by making false entries on tax returns related to the payment. Some jurors could think campaign finance laws were broken and others could think there were tax violations.
Trump was acquitted of conspiracy to obstruct an official proceeding. This is a general statute that makes it a crime to work with someone else to carry out fraud against the U.S.
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Submitting 'fake electors'
In the aftermath of the 2020 US Presidential election, it was alleged that allies of Donald Trump had submitted "fake electors" in several battleground states won by Joe Biden. Clark, a witness in the case, cited his Fifth Amendment privilege against self-incrimination when questioned about the scheme.
The Fifth Amendment to the US Constitution protects individuals from being compelled to incriminate themselves. By invoking this right, Clark indicated that he believed his testimony could potentially expose him to criminal liability. This suggests that he had knowledge of, or involvement in, the alleged scheme to submit fake electors.
The submission of fake electors is a serious allegation, as it involves an attempt to subvert the democratic process and undermine the integrity of the election. In the US electoral system, each state certifies its election results and submits a list of electors to the Electoral College, who then cast their votes for President and Vice President. By submitting fake electors, Trump's allies sought to cast doubt on the legitimacy of the election results and potentially overturn the outcome in favour of Trump.
The Justice Department is currently investigating the alleged scheme, and it remains to be seen whether any charges will be brought against those involved. The investigation is focused on understanding the extent of the conspiracy and determining whether any laws were broken in the process. The outcome of this investigation could have significant implications for the future of American democracy and the integrity of its electoral process.
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Criminal referrals
The Jan. 6 committee has accused former President Trump of breaking several laws. He was acquitted of conspiracy to obstruct an official proceeding, which is a general statute that makes it a crime to work with someone else to carry out fraud against the U.S. He was also accused of falsifying reimbursement checks he paid to ex-attorney Michael Cohen, after Cohen paid adult film star Stormy Daniels $130,000 before the 2016 election to cover up allegations of an affair. Prosecutors argued the checks were falsely labelled as being for legal services. While falsification of business records only requires someone to have “made or caused a false entry in the business records of an enterprise” under New York law, the crime becomes a felony if it’s proven the defendant falsified records “with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof”. That means the jury must show Trump falsified records to cover a second crime, which prosecutors allege is New York’s election law prohibiting “conspir ing] to promote or prevent the election of any person to a public office by unlawful means”. Cohen allegedly paid off Daniels in order to boost Trump's election chances. The third crime could also be falsifying other business records, after Cohen created a fake shell company to send the Daniels payment in 2016, or violating tax laws by making false entries on tax returns related to the payment. Some jurors could think campaign finance laws were broken and others could think there were tax violations.
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Frequently asked questions
Yes, Trump was impeached by the House on a charge of incitement after the attack on the Capitol.
Yes, Trump's refusal to spend the agency's foreign-aid funds likely conflicted with the Impoundment Control Act of 1974, a Nixon-era federal law that requires the president to get permission from Congress to withhold discretionary spending.
The Justice Department is investigating this allegation, but it is not yet clear whether Trump broke any laws.
Yes, according to the Anti-Deficiency Act, agencies cannot enter into contracts to pay future obligations without the necessary appropriations.
