Keith Mack
Former US President Donald Trump has been accused of breaking several laws during his time in office. From trying to obstruct the certification of the election to working with others on a multi-part plan to stay in power, Trump's actions have raised legal questions. Legal experts have also weighed in on potential violations of federal law, such as the Anti-Deficiency Act, and campaign finance and tax laws. In addition, Trump has been criticised for violating the Constitution and firing fraud-finding inspectors general without providing notice or rationale to Congress.
| Characteristics | Values |
|---|---|
| Obstruction of justice | Trying to obstruct the certification of the election despite being told by aides that there was no fraud that could have affected the outcome |
| Conspiracy | Working with others, both inside of government and out, on a “multi-part plan” to stay in power |
| Violation of the Anti-Deficiency Act | Promises of payments eight months into the future, which could incur obligations beyond provisions in the federal budget |
| Violation of the Constitution | Executive order purporting to end birthright citizenship |
| Violation of the Constitution | Firing of fraud-finding inspectors general across the government without providing notice or a rationale to Congress |
| Campaign finance laws | Making an illegal campaign contribution |
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What You'll Learn
Obstruction of election certification
It has been argued that Trump broke the law by trying to obstruct the certification of the election. Aides told him that there was no fraud that could have affected the outcome, but he still beseeched Pence to delay the certification. He was told there was no legal basis for him to do so, but he worked with others, both inside and outside of the government, on a "multi-part plan" to stay in power.
Trump's actions could be seen as a violation of the Constitution. The Constitution gives Congress the power to decide how electoral votes are counted, and it is the role of the vice president, in this case, Pence, to preside over this process. By trying to pressure Pence to delay the certification, Trump was attempting to interfere with this constitutional process.
Trump's attempts to obstruct the election certification could also be seen as a criminal conspiracy. A federal judge in California concluded that evidence of a criminal conspiracy likely existed, and the panel recommended Eastman for prosecution on the same count.
Trump's actions could also be seen as a violation of campaign finance laws. These laws prohibit candidates from accepting contributions or donations that are intended to influence an election. By trying to obstruct the certification of the election, Trump was attempting to influence the outcome of the election, which could be seen as a violation of campaign finance laws.
Finally, Trump's actions could be seen as a violation of the rule of law. The rule of law is the principle that all people, including the president, are subject to the law. By trying to obstruct the election certification, Trump was attempting to put himself above the law, which is contrary to the principles of democracy and the rule of law.
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Violation of the Anti-Deficiency Act
The Anti-Deficiency Act strictly limits the government's ability to promise expenditures that exceed what Congress has allocated. The Trump Administration has insisted that the offer will not result in any guaranteed payments beyond the current appropriations period. However, the program's structure could raise the risk of incurring obligations beyond provisions in the federal budget, potentially violating federal law.
The Anti-Deficiency Act says that agencies cannot enter into contracts to pay future obligations without the necessary appropriations to do so. The Trump Administration's "deferred resignation" scheme has been described as deceptive and legally questionable, and three federal unions are asking a federal court to rule that it is illegal. The scheme could violate the Anti-Deficiency Act by promising or spending money in excess of what Congress has made available.
The Anti-Deficiency Act (31 U.S.C. 1341 and FAR 32.702) prohibits federal agencies from creating or authorizing funds in advance or in excess of a Congressionally-provided appropriation. Officials responsible for violating an apportionment may be subject to administrative discipline, including suspension without pay and termination, and the knowing and willful violation of an apportionment carries with it criminal penalties under the Anti-Deficiency Act.
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Violation of the Constitution
Trump has been accused of violating the Constitution on multiple occasions. One example is the executive order that attempted to end birthright citizenship, which a federal judge deemed "blatantly unconstitutional". Trump has also been accused of obstructing the certification of the election, despite being told by aides that there was no fraud that could have affected the outcome. This could be considered a violation of the Constitution, as it undermines the democratic process.
Trump has also been accused of violating campaign finance laws and tax laws. The judge in his case explained the concept of "accessorial liability", which means that Trump can be convicted for crimes he undertook 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 someone else directly carried out an illegal action, Trump could still be convicted if he enabled the crime.
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Campaign finance law violations
In April 2024, a campaign watchdog group filed a formal complaint to the Federal Election Commission accusing Donald J. Trump's presidential campaign and related political committees of violating campaign finance law. The complaint alleged that the campaign had concealed payments of $7.2 million in legal fees by paying them through an unrelated shell company, Red Curve. Red Curve is run by Bradley Crate, who is also the treasurer for the Trump campaign and four related political committees. Saurav Ghosh, the director of federal campaign finance reform at the Campaign Legal Center, said that if Red Curve is treated as a corporation under federal campaign finance law, "then that's illegal on its face".
In April 2024, Trump claimed that Kamala Harris' "60 Minutes" interview might be "a major Campaign Finance Violation". However, Trump did not elaborate or provide evidence about which campaign finance law could have been violated, and political and campaign finance experts said that his statement was baseless.
In April 2023, Manhattan prosecutors accused Trump of 34 felonies for allegedly falsifying business records in a bid to violate campaign finance laws. The prosecutors alleged that Trump concealed hush money payments by falsely labelling related transactions as legal expenses and by arranging for a tabloid publisher to bottle up the story of a woman who said she had a sexual relationship with Trump.
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Tax law violations
It is difficult to say whether Trump has broken any laws by lying, but there is evidence that he has committed tax fraud.
The Trump Organization, former President Donald Trump's business empire, was fined $1.6 million for tax fraud and other crimes committed as part of a yearslong scheme to help some of its top executives avoid paying taxes on compensation. The Trump Corp. and The Trump Payroll Corp., two subsidiaries of the Trump Organization, were both sentenced to the maximum possible fines under New York laws. The subsidiaries were found guilty on 17 counts, including tax fraud, falsifying business records and conspiracy, as part of what prosecutors had called a "sweeping and audacious" scheme to compensate company executives "off the books".
A preliminary review of the thousands of pages of Donald Trump’s tax returns released by a key congressional committee confirms that the former president was using business losses in the tens of millions of dollars to reduce his annual tax liability, in some cases all the way down to zero. Trump used questionable or poorly substantiated deductions and a number of other tax avoidance schemes as justification to pay little or no federal income tax in several of the years examined.
Some jurors could think campaign finance laws were broken and others could think there were tax violations. The judge’s instructions also 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—like Cohen—as long as there’s proof that he “solicited, requested, commanded, importuned, or intentionally aided that person to engage” in the illegal conduct. That means even if Cohen or someone else directly carried out an illegal action, like falsifying the business records or making an illegal campaign contribution, Trump could still be convicted based on that if the jury found he enabled the crime.
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Frequently asked questions
Trump has been accused of breaking campaign finance laws by working with someone else to falsify business records or make illegal campaign contributions.
Trump has been accused of tax violations.
Trump has been accused of trying to obstruct the certification of the election and working with others on a "multi-part plan" to stay in power.
Trump has been accused of violating the Constitution by trying to end birthright citizenship and firing fraud-finding inspectors general without providing notice or a rationale to Congress.
