FEDERAL JAN. 6 CASE
In August, Trump was indicted a third time, this time on four criminal counts by a federal grand jury investigating the Jan. 6, 2021, Capitol riot and other efforts to overturn the 2020 presidential election. The indictment alleges that Trump, after losing the 2020 presidential election, "was determined to remain in power." The indictment also lists several unnamed co-conspirators, including four attorneys, a Justice Department official, and a political consultant who "helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification" of votes.
CHARGE: Conspiracy to Defraud the United States
Prosecutors charge that Trump engaged in a conspiracy to overturn the 2020 election results "by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified."
As the indictment details, Trump and his co-conspirators allegedly did this in myriad ways, including by pressuring state officials in some swing states that voted for Biden to ignore the results and attempt to make Trump the winner by illegal means. Trump and his allies also are claimed to have attempted to install groups of “fake electors” in some states who would falsely certify that Trump had won when he had not. His actions on Jan. 6—when he implored supporters to head to the U.S. Capitol in a scene that eventually grew deadly and temporarily halted the electoral vote count—are also mentioned in great detail in the indictment.
CHARGE: Conspiracy to Obstruct an Official Proceeding
Per the indictment, Trump allegedly conspired to "corruptly obstruct and impede" the certification of the electoral vote taking place on Jan. 6, 2021. Prosecutors argue he did so by exhorting his supporters to "fight like hell" and directing them to head to Capitol, where they eventually mobbed police officers and entered the building. The riots that ensued halted the counting of electoral votes for Joe Biden and forced the evacuation of lawmakers, including Trump's own vice president. As the indictment details, Trump "reportedly refused to approve a message directing rioters to leave the Capitol," instead issued two tweets in which he suggested those at the Capitol were "peaceful."
Reps. Lucille Roybal-Allard, D-Calif., and Annie Kuster, D-N.H., center, take cover as rioters attempt to break in to the joint session of Congress to certify the Electoral College vote
Reps. Lucille Roybal-Allard and Annie Kuster take cover as rioters attempt to break in to the joint session of Congress to certify the Electoral College vote on Jan. 6, 2021. TOM WILLIAMS/CQ-ROLL CALL, INC VIA GETTY IMAGES
CHARGE: Obstruction of and Attempt To Obstruct an Official Proceeding
As The Washington Post reports, this is a substantive charge and the most common felony charge used against the rioters who stormed the U.S. Capitol on Jan. 6, 2021. Here, prosecutors argue Trump attempted to block Congress from confirming Biden’s victory that day—both by his actions during the riot and the plot to force Congress to accept the slates of "fake electors" who would vote for him instead of Biden.
CHARGE: Conspiracy Against Rights
According to prosecutors, the former president conspired with others to "injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one's vote counted."
GEORGIA ELECTIONS CASE
Trump was indicted in a fourth criminal investigation in mid-August, shortly after Georgia prosecutors presented evidence to a grand jury regarding the former president's efforts to overturn the state's 2020 election results.
Through a majority vote, the 23-member jury revealed that they were ultimately convinced by Fulton County District Attorney Fani Willis' case against Trump and his allies, signing off on her office's proposed criminal charges after reviewing evidence and hearing testimony. The result was a 41-count, 98-page indictment covering 19 defendants, including the former president, who faces 13 felony counts.
18 Trump Allies Also Indicted in Georgia Election Interference Probe, Including Rudy Giuliani and Mark Meadows
Many of the charges deal with the so-called "fake electors" plot, with prosecutors arguing that Trump and his allies created and submitted fraudulent certificates asserting that Trump had won the electoral college vote in Georgia — despite that Biden won the state. They further argue that Trump filed a false document when he signed a court filing alleging widespread voter fraud in Georgia — a claim they say he knew was false.
Rudolph Giuliani
Rudy Giuliani, then an attorney for President Donald Trump, conducts a news conference on lawsuits regarding the outcome of the 2020 presidential election on Nov. 19, 2020. Another former attorney, Sidney Powell, appears in the background. TOM WILLIAMS/CQ-ROLL CALL, INC VIA GETTY
CHARGE: Racketeering
Among the most serious charges is a violation of Georgia's RICO (Racketeer Influenced and Corrupt Organizations) Act, a charge most often associated with organized crime. "The indictment alleges that rather than abide by Georgia's legal process for election challenges, the defendants engaged in a criminal, racketeering enterprise to overturn Georgia's presidential election results," Willis said in a press conference announcing the charges. The minimum sentence for this charge in Georgia is five years.
CHARGE: Solicitation of Violation of Oath by a Public Officer
Trump was charged with three counts of solicitation of violation of oath by a public officer, a violation that comes with a prison term between one and five years. This charge essentially alleges that the former president violated his oath of office.
CHARGE: Conspiracy to Commit Impersonating a Public Officer
Trump was charged with one count of conspiracy to commit impersonating a public officer, a charge that stems from to so-called “fake elector” scheme, in which a false slate of electors was submitted to lawmakers claiming Trump won Georgia’s election, despite that he did not. If convicted on the charge, he faces a fine and/or between one and two-and-a-half years in prison.
CHARGE: Conspiracy to Commit Forgery in the First Degree
Trump was charged with two counts of conspiracy to commit forgery in the first degree (also based on the fake electors scheme), a crime punishable by a fine or between one and seven-and-a-half years in prison.
CHARGE: False Statements and Writings
Trump was charged with two counts of false statements and writings and two counts of conspiracy to commit false statements and writings. Both charges criminalize the act of concealing or falsifying writings or documents. False statements and writings is punishable by a fine or between one and five years in prison, and the conspiracy charge is punishable by between one and two-and-a-half years in prison.
CHARGE: Conspiracy to Commit Filing False Documents
Trump was charged with one count of conspiracy to commit filing false documents and one count of filing false documents, which criminalizes the act of "knowingly" filing or entering a document into the public record in the U.S. that contains false statements. The conspiracy charge is punishable by a fine and/or between one and five years in prison for conspiracy, and filing a false document is punishable by a fine and/or between one and 10 years in prison.
In August, Trump was indicted a third time, this time on four criminal counts by a federal grand jury investigating the Jan. 6, 2021, Capitol riot and other efforts to overturn the 2020 presidential election. The indictment alleges that Trump, after losing the 2020 presidential election, "was determined to remain in power." The indictment also lists several unnamed co-conspirators, including four attorneys, a Justice Department official, and a political consultant who "helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification" of votes.
CHARGE: Conspiracy to Defraud the United States
Prosecutors charge that Trump engaged in a conspiracy to overturn the 2020 election results "by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified."
As the indictment details, Trump and his co-conspirators allegedly did this in myriad ways, including by pressuring state officials in some swing states that voted for Biden to ignore the results and attempt to make Trump the winner by illegal means. Trump and his allies also are claimed to have attempted to install groups of “fake electors” in some states who would falsely certify that Trump had won when he had not. His actions on Jan. 6—when he implored supporters to head to the U.S. Capitol in a scene that eventually grew deadly and temporarily halted the electoral vote count—are also mentioned in great detail in the indictment.
CHARGE: Conspiracy to Obstruct an Official Proceeding
Per the indictment, Trump allegedly conspired to "corruptly obstruct and impede" the certification of the electoral vote taking place on Jan. 6, 2021. Prosecutors argue he did so by exhorting his supporters to "fight like hell" and directing them to head to Capitol, where they eventually mobbed police officers and entered the building. The riots that ensued halted the counting of electoral votes for Joe Biden and forced the evacuation of lawmakers, including Trump's own vice president. As the indictment details, Trump "reportedly refused to approve a message directing rioters to leave the Capitol," instead issued two tweets in which he suggested those at the Capitol were "peaceful."
Reps. Lucille Roybal-Allard, D-Calif., and Annie Kuster, D-N.H., center, take cover as rioters attempt to break in to the joint session of Congress to certify the Electoral College vote
Reps. Lucille Roybal-Allard and Annie Kuster take cover as rioters attempt to break in to the joint session of Congress to certify the Electoral College vote on Jan. 6, 2021. TOM WILLIAMS/CQ-ROLL CALL, INC VIA GETTY IMAGES
CHARGE: Obstruction of and Attempt To Obstruct an Official Proceeding
As The Washington Post reports, this is a substantive charge and the most common felony charge used against the rioters who stormed the U.S. Capitol on Jan. 6, 2021. Here, prosecutors argue Trump attempted to block Congress from confirming Biden’s victory that day—both by his actions during the riot and the plot to force Congress to accept the slates of "fake electors" who would vote for him instead of Biden.
CHARGE: Conspiracy Against Rights
According to prosecutors, the former president conspired with others to "injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one's vote counted."
GEORGIA ELECTIONS CASE
Trump was indicted in a fourth criminal investigation in mid-August, shortly after Georgia prosecutors presented evidence to a grand jury regarding the former president's efforts to overturn the state's 2020 election results.
Through a majority vote, the 23-member jury revealed that they were ultimately convinced by Fulton County District Attorney Fani Willis' case against Trump and his allies, signing off on her office's proposed criminal charges after reviewing evidence and hearing testimony. The result was a 41-count, 98-page indictment covering 19 defendants, including the former president, who faces 13 felony counts.
18 Trump Allies Also Indicted in Georgia Election Interference Probe, Including Rudy Giuliani and Mark Meadows
Many of the charges deal with the so-called "fake electors" plot, with prosecutors arguing that Trump and his allies created and submitted fraudulent certificates asserting that Trump had won the electoral college vote in Georgia — despite that Biden won the state. They further argue that Trump filed a false document when he signed a court filing alleging widespread voter fraud in Georgia — a claim they say he knew was false.
Rudolph Giuliani
Rudy Giuliani, then an attorney for President Donald Trump, conducts a news conference on lawsuits regarding the outcome of the 2020 presidential election on Nov. 19, 2020. Another former attorney, Sidney Powell, appears in the background. TOM WILLIAMS/CQ-ROLL CALL, INC VIA GETTY
CHARGE: Racketeering
Among the most serious charges is a violation of Georgia's RICO (Racketeer Influenced and Corrupt Organizations) Act, a charge most often associated with organized crime. "The indictment alleges that rather than abide by Georgia's legal process for election challenges, the defendants engaged in a criminal, racketeering enterprise to overturn Georgia's presidential election results," Willis said in a press conference announcing the charges. The minimum sentence for this charge in Georgia is five years.
CHARGE: Solicitation of Violation of Oath by a Public Officer
Trump was charged with three counts of solicitation of violation of oath by a public officer, a violation that comes with a prison term between one and five years. This charge essentially alleges that the former president violated his oath of office.
CHARGE: Conspiracy to Commit Impersonating a Public Officer
Trump was charged with one count of conspiracy to commit impersonating a public officer, a charge that stems from to so-called “fake elector” scheme, in which a false slate of electors was submitted to lawmakers claiming Trump won Georgia’s election, despite that he did not. If convicted on the charge, he faces a fine and/or between one and two-and-a-half years in prison.
CHARGE: Conspiracy to Commit Forgery in the First Degree
Trump was charged with two counts of conspiracy to commit forgery in the first degree (also based on the fake electors scheme), a crime punishable by a fine or between one and seven-and-a-half years in prison.
CHARGE: False Statements and Writings
Trump was charged with two counts of false statements and writings and two counts of conspiracy to commit false statements and writings. Both charges criminalize the act of concealing or falsifying writings or documents. False statements and writings is punishable by a fine or between one and five years in prison, and the conspiracy charge is punishable by between one and two-and-a-half years in prison.
CHARGE: Conspiracy to Commit Filing False Documents
Trump was charged with one count of conspiracy to commit filing false documents and one count of filing false documents, which criminalizes the act of "knowingly" filing or entering a document into the public record in the U.S. that contains false statements. The conspiracy charge is punishable by a fine and/or between one and five years in prison for conspiracy, and filing a false document is punishable by a fine and/or between one and 10 years in prison.
