Trump's Legal Troubles: Broken Laws And Consequences

Former US President Donald Trump has been involved in a plethora of legal cases, with over 4000 cases in US federal and state courts between 1973 and 2016. Trump has been convicted of falsifying business records, and charged with four criminal counts, including conspiracy to defraud the US and conspiracy against citizens' rights. Trump has also been accused of sexual assault and harassment, with one accusation resulting in civil liability. He has also been charged with obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement, and inciting or aiding an 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 through the January 6 Capitol attack. One of these charges was "obstructing an official proceeding" under the Sarbanes-Oxley Act of 2002.

The obstruction of an official proceeding charge relates to Trump's efforts to overturn the 2020 election results. The Department of Justice alleged that Trump obstructed Congress' certification of the electoral college results on January 6, 2021. This included creating fake election certificates declaring himself the winner of key swing states and pressuring then-Vice President Mike Pence to disregard President-elect Joe Biden's electors. Trump also pushed the DOJ to falsely claim there were problems with the vote in Georgia or other states.

The obstruction charge carries a maximum sentence of 20 years in prison. The charge has also been brought against hundreds of people who were arrested after the January 6 riot at the Capitol, including notable riot defendants such as former Proud Boys leader Enrique Tarrio and Oath Keepers founder Elmer Stewart Rhodes III.

The legal definition of "obstructing an official proceeding" is to "corruptly" obstruct, impede or interfere with any official government proceeding.

Conspiracy to defraud the United States

The indictment, filed by special counsel Jack Smith, accuses 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.

Trump is also charged with a fourth count of obstructing or attempting to obstruct an official proceeding. The indictment states that Trump and his co-conspirators "used knowingly false claims of election fraud to get state legislators and election officials to subvert the legitimate election results and change electoral votes for the Defendant’s opponent, Joseph R. Biden, to electoral votes for the Defendant".

Prosecutors also cite the efforts by Trump and his allies to cause fake electoral college certificates to be submitted for use by then-vice president Mike Pence to hijack the certification of the election and declare himself and Trump the winners despite having lost.

Trump has denied any wrongdoing and claimed the Biden administration is behind the prosecution.

Conspiracy to make a false statement

The conspiracy to make a false statement charge relates to an alleged scheme by Trump allies to submit "fake electors" in battleground states won by Joe Biden as a way to obstruct the certification of the results and invalidate Biden's victory. These electors signed patently false certifications, according to the House Jan. 6 committee, which also maintains it has evidence that Trump was a participant in the scheme.

Months before the August 2023 indictment, the Justice Department had already indicated its interest in the activity by issuing grand jury subpoenas to the "fake electors" in multiple states.

Inciting or aiding an insurrection

The House Jan. 6 committee urged the Justice Department to consider prosecuting former President Donald Trump for inciting or aiding an insurrection, which is a crime under 18 U.S. Code §2383. This statute states that anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection" against the United States or its laws shall be fined, imprisoned for up to ten years, or both, and shall be barred from holding any office under the United States.

The committee argued that Trump summoned rioters to Washington on January 6, 2021, with the intention of mobilizing a large crowd of supporters. They cited Trump's tweets encouraging his supporters to come to Washington and noted that some of the accused rioters charged by the Justice Department cited these tweets as their inspiration. The committee also highlighted Trump's inaction during the riot, noting that he showed no concern when the crowd chanted "Hang Mike Pence!" and that he resisted advisers' pleas to tell the rioters to disperse.

Trump was impeached by the House on a charge of incitement after the attack on the Capitol, although he was later acquitted by the Senate. Some legal experts have questioned whether the Justice Department could successfully prosecute Trump for inciting the insurrection based solely on a speech he gave before the riot, in which he told the crowd to "fight like hell" but also instructed them to proceed peacefully to the Capitol.

The evidence presented by the committee included Trump's unsubstantiated claims that he won the 2020 election and his attempts to subvert the election results in Georgia. They also described his actions on January 6, 2021, as "encouraging––and foreseeably resulting in––lawless action at the Capitol." While incitement of violence and incitement of insurrection are similar, they are not the same thing. For speech to be considered outside the protection of the First Amendment, it must meet a strict test under constitutional law. It must directly incite or produce imminent lawless action, and it must be likely to do so.

Violation of federal campaign finance limits

One of the most notable instances of Donald Trump allegedly violating federal campaign finance limits involves the hush-money payment made to adult-film actress Stormy Daniels during the 2016 election. Daniels received $130,000 to keep quiet about her claim that she had an affair with Trump, which he denies. While providing hush-money is not illegal, the manner in which the payment was made and recorded is where the violation of campaign finance laws occurred.

The payment was made by Trump's former lawyer, Michael Cohen, who was then reimbursed by Trump through a series of monthly checks from the Donald J. Trump Revocable Trust and later from Trump's personal bank account. Cohen recorded the reimbursement as legal fees in Trump's accounts, disguising the true nature of the payment. This elaborate scheme to disguise the payment was revealed during the trial, with Cohen testifying that Trump was fully aware of the plan.

Trump was found guilty of 34 counts of fraud under campaign finance laws by a New York court. However, he has denied any wrongdoing and claimed that the case is politically motivated. His lawyers have requested that the conviction be overturned, citing presidential immunity. While Trump could face jail time for each of the charges, legal experts believe a fine is the more likely outcome.

In addition to the case involving Stormy Daniels, there have been other instances where Trump and his associated committees have been accused of violating campaign finance laws. In one instance, Trump's 2024 presidential campaign and several affiliated committees were alleged to have violated federal reporting requirements by concealing payments made to "Red Curve Solutions," a company run by the treasurer of the committees, Bradley Crate. By reimbursing Red Curve Solutions for legal services instead of directly paying for them, the committees failed to disclose the lawyers and law firms providing the services and the amounts paid, which is required by law. This lack of transparency denies voters their right to know the source and usage of campaign funds, hindering their ability to make informed decisions.

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