Indictments against Donald Trump

Last updated

Indictments against Donald Trump
DateMarch 25 – August 14, 2023 (2023-03-25 2023-08-14)
Location
Arrests

In 2023, four criminal indictments were filed against Donald Trump, former president of the United States from 2017 to 2021 and current president elect of the United States. Two indictments are on state charges (one in New York and one in Georgia) and two indictments (as well as one superseding indictment) are on federal charges (one in Florida and one in the District of Columbia). [1]

Contents

The District of Columbia trial was put on hold in February 2024 while waiting for the Supreme Court to determine whether Trump is immune from prosecution. The case was returned to the District Court on August 2 to conduct hearings consistent with the Supreme Court's ruling. The 6-week-long New York trial began on April 15, 2024 with Trump convicted in all 34 charges and sentencing scheduled for November 26. [2] On June 5, 2024, the Georgia trial was paused while the Georgia Court of Appeals decided whether to disqualify Fani Willis. [3] [4] It disqualified Willis on December 19. [5] The following month, Judge Aileen Cannon dismissed the Florida case, ruling Jack Smith's appointment as special counsel was unconstitutional. [6] The Office of the Special Counsel appealed the dismissal to the Eleventh Circuit Court of Appeals two days later. [7] Eleventh Circuit sent notice, officially receiving the request and requested briefing schedule of late August. [8] [9] The Special Counsel office has not requested an expedited briefing schedule.

Trump has pleaded not guilty to all charges against him. [10] [11] [12] [13] Neither the indictments nor any resulting convictions would disqualify his 2024 presidential candidacy. [14] [15] The Supreme Court separately addressed Trump's eligibility to be on the ballot and reversed all disqualifications by individual states. On July 1, 2024, the Court ruled 6–3, along ideological lines, that Trump had immunity for acts he committed as president that were considered official acts, while also ruling that he did not have immunity for unofficial acts. [16] On November 6, Trump won the 2024 election and as President-elect; after inauguration, Justice Department policy would preclude his prosecution and Trump has previously stated he will fire Smith. [17] [18]

Summary

Subject matterCourtIndictment [19] No. of chargesJudgeProsecutorTrump legal teamOutcome
Falsifying business records New York Supreme Court 30 March 202334 Juan Merchan Alvin Bragg Todd Blanche
Emil Bove
Susan Necheles
Trial held April–May 2024; found guilty on all counts; sentencing delayed
Mishandling of national security documents District Court for the Southern District of Florida 8 June 202340 Aileen Cannon Jack Smith Todd Blanche
Lindsey Halligan
Chris Kise
Dismissed July 15, 2024 [a]
Attempting to overturn the 2020 U.S. presidential election District Court for the District of Columbia 1 August 20234 Tanya S. Chutkan Jack SmithTodd Blanche
John Lauro
Dismissed November 25, 2024
Racketeering to overturn the 2020 U.S. presidential election in Georgia Fulton County Superior Court 14 August 20238 [b] Scott McAfee Fani Willis (disqualified)Todd Blanche
Jennifer Little
Steven Sadow
TBD

March 2023 indictment in New York

Trump was indicted on state charges in a March 2023 indictment in New York. He faced 34 criminal charges of falsifying business records in the first degree related to payments made to Stormy Daniels before the 2016 presidential election. [19] [21] The trial began on April 15, 2024; Trump was found guilty on all 34 counts on May 30, 2024. [22] Sentencing was scheduled for September 18, [23] but was delayed until November 26, 2024. [2]

June 2023 federal indictment in Florida

Trump was indicted in June 2023 in the United States District Court for the Southern District of Florida in a federal indictment related to classified government documents. Trump faced 40 criminal charges alleging mishandling of sensitive documents and conspiracy to obstruct the government in retrieving these documents. [21] [24] The trial was scheduled for May 20, 2024, [25] before being postponed indefinitely on May 7, 2024. [26] On July 15, 2024, Judge Aileen Cannon dismissed the case, ruling Jack Smith's appointment as special counsel was unconstitutional. [6] The Office of the Special Counsel appealed the dismissal to the Eleventh Circuit Court of Appeals.

August 2023 federal indictment in Washington, D.C.

Trump was indicted in August 2023 in the United States District Court for the District of Columbia in a federal indictment related to attempts to overturn the 2020 presidential election. Trump faces four criminal charges of conspiring to defraud the government and disenfranchise voters, and corruptly obstructing an official proceeding. [21] This case includes Trump's involvement in the January 6 U.S. Capitol attack. On February 6, the DC Circuit Court of Appeals ruled that Trump does not have presidential immunity from prosecution. [27] In an appeal on July 1, 2024, the United States Supreme Court ruled 6–3, along ideological lines, that Trump had immunity for acts he committed as president that were considered official acts, while also ruling that he did not have immunity for unofficial acts. The case was returned to Judge Tanya Chutkan on August 2 in accordance with Supreme Court rules. [28]

August 2023 indictment in Georgia

Trump was indicted on state charges in an August 2023 indictment in Georgia. Trump faces 8 criminal charges related to alleged attempts to overturn Joe Biden's victory in Georgia, alongside 18 accused co-conspirators. [19] [29] [30] The trial is not yet scheduled. [21] Trump initially faced 13 criminal charges, 5 of which were later dismissed. [29] [31]

Notes

  1. Smith sought to remove Trump as a co-defendant on November 25, 2024. The Eleventh Circuit Court of Appeals granted Smith's motion to remove Trump as a co-defendant on November 26, 2024. [20]
  2. There were originally 13; 5 were dismissed.

Related Research Articles

<span class="mw-page-title-main">John Eastman</span> American legal scholar (born 1960)

John Charles Eastman is an American lawyer and academic. Due to his efforts to overturn the 2020 United States presidential election, attempting to keep then-president Donald Trump in office and obstruct the certification of Joe Biden's victory, he has been criminally indicted, ordered inactive by the State Bar of California, and recommended for disbarment. Eastman has lost eligibility to practice law in California state courts, pending his appeal of the state bar judge's ruling that recommended him for disbarment. Eastman is also named as a co-conspirator in the federal indictment brought against Trump over his attempts to subvert the 2020 election results and prevent the certification of Biden's election.

From 1973 until he was elected president in 2016, Donald Trump and his businesses were involved in over 4,000 legal cases in United States federal and state courts, including battles with casino patrons, million-dollar real estate lawsuits, personal defamation lawsuits, and over 100 business tax disputes. He has also been accused of sexual harassment and sexual assault, with one accusation resulting in him being held civilly liable. One case involved a 13 year old child.

The following is a list of notable lawsuits involving former United States president Donald Trump. The list excludes cases that only name Trump as a legal formality in his capacity as president, such as habeas corpus requests.

<span class="mw-page-title-main">Aileen Cannon</span> Colombian-American federal judge (born 1981)

Aileen Mercedes Cannon is a Colombian-born American lawyer serving since 2020 as a United States federal judge in the District Court for the Southern District of Florida. President Donald Trump nominated and appointed Cannon to the federal bench after confirmation by the US Senate in November 2020. Cannon worked for the corporate law firm Gibson Dunn from 2009 to 2012 and was a federal prosecutor in the Southern District of Florida from 2013 to 2020.

After the 2020 United States presidential election, the campaign for incumbent President Donald Trump and others filed 62 lawsuits contesting election processes, vote counting, and the vote certification process in 9 states and the District of Columbia.

<span class="mw-page-title-main">Fani Willis</span> American attorney (born 1971)

Fani Taifa Willis is an American attorney. She is the district attorney of Fulton County, Georgia, which contains most of Atlanta, serving since 2021. She is the first woman to hold the office. Willis investigated the 2020 presidential election in Georgia, which resulted in indictments against Donald Trump and 18 alleged co-conspirators on charges of racketeering and other crimes. Willis also investigated and apprehended rapper Young Thug and members of his YSL record label on charges of racketeering and gang-related crimes in violation of Georgia's RICO Act.

<span class="mw-page-title-main">Criminal proceedings in the January 6 United States Capitol attack</span> List of people charged with crimes

On January 6, 2021, supporters of Donald Trump attacked the U.S. Capitol building, disrupting the joint session of Congress assembled to count electoral votes to formalize Biden's victory in the 2020 United States presidential election.

Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 in reaction to the Enron scandal, and closed a legal loophole on who could be charged with evidence tampering by defining the new crime very broadly.

<span class="mw-page-title-main">United States Justice Department investigation into attempts to overturn the 2020 presidential election</span>

The United States Justice Department investigation into attempts to overturn the 2020 presidential election began in early 2021 with investigations and prosecutions of hundreds of individuals who participated in the January 6, 2021 attack on the United States Capitol. By early 2022, the investigation had expanded to examine Donald Trump's inner circle, with the Justice Department impaneling several federal grand juries to investigate the attempts to overturn the election. Later in 2022, a special counsel was appointed. On August 1, 2023, Trump was indicted. The indictment also describes six alleged co-conspirators.

<span class="mw-page-title-main">FBI investigation into Donald Trump's handling of government documents</span>

Plasmic Echo was the codename for a Federal Bureau of Investigation (FBI) criminal investigation into former President Donald Trump's handling of classified and national defense-related government documents beginning in 2022, looking for possible violations of the Espionage Act and obstruction of justice.

<span class="mw-page-title-main">Jack Smith (lawyer)</span> American lawyer, United States Attorney, and Special Counsel

John Luman Smith is an American attorney who has served in the United States Department of Justice as an assistant U.S. attorney, acting U.S. attorney, and head of the department's Public Integrity Section. He was also the chief prosecutor at the Kosovo Specialist Chambers, an international tribunal at The Hague tasked with investigating and prosecuting war crimes in the Kosovo War.

<span class="mw-page-title-main">Smith special counsel investigation</span> Investigation into former U.S. president Donald Trump

Three days after Donald Trump announced his campaign for the 2024 United States presidential election, a special counsel investigation was opened by U.S. Attorney General Merrick Garland on November 18, 2022, to continue two investigations initiated by the Justice Department (DOJ) regarding former U.S. President Donald Trump. Garland appointed Jack Smith, a longtime federal prosecutor, to lead the independent investigations. Smith was tasked with investigating Trump's role in the January 6 United States Capitol attack and Trump's mishandling of government records, including classified documents.

In February 2021, Fulton County, Georgia, district attorney Fani Willis launched a criminal investigation into alleged efforts by then-president Donald Trump and his allies to overturn the certified 2020 election victory of Democratic candidate Joe Biden and award the state's electoral college votes to Trump. A special grand jury recommended indictments in January 2023, followed by a grand jury that indicted Trump and 18 allies in August 2023. The charges include conspiracy, racketeering and other felonies.

Presidential immunity is the concept that a sitting president of the United States has both civil and criminal immunity for their official acts. Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute.

<span class="mw-page-title-main">Federal prosecution of Donald Trump (classified documents case)</span> 2023-24 U.S. legal affair

United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira is a federal criminal case against Donald Trump, the 45th president of the United States; Walt Nauta, his personal aide and valet; and Mar-a-Lago maintenance chief Carlos De Oliveira. The grand jury indictment brought 40 felony counts against Trump related to his alleged mishandling of classified documents after his presidency, to which he pleaded not guilty. The case marks the first federal indictment of a former U.S. president.

<span class="mw-page-title-main">Walt Nauta</span> American political aide (born 1982/83)

Waltine Torre Nauta Jr. is an American valet and body man to former U.S. president Donald Trump. He is a defendant in a criminal case over violations of the Espionage Act and related offenses. While a petty officer in the U.S. Navy, he was Trump's valet at the White House. After Trump's term ended, Nauta continued to work for him at Trump's Mar-a-Lago club and residence.

<span class="mw-page-title-main">Federal prosecution of Donald Trump (election obstruction case)</span>

United States of America v. Donald J. Trump was a federal criminal case against Donald Trump, former president of the United States from 2017 to 2021 and president-elect, regarding his alleged participation in attempts to overturn the 2020 U.S. presidential election, including his involvement in the January 6 Capitol attack.

<span class="mw-page-title-main">Georgia election racketeering prosecution</span> RICO case against Donald Trump and others

The State of Georgia v. Donald J. Trump, et al. is a pending criminal case against Donald Trump, the 45th president of the United States, and 18 co-defendants. The prosecution alleges that Trump led a "criminal racketeering enterprise", in which he and all other defendants "knowingly and willfully joined a conspiracy to unlawfully change the outcome" of the 2020 U.S. presidential election in Georgia. All defendants are charged with one count of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) statute, which has a penalty of five to twenty years in prison. The indictment comes in the context of Trump's broader effort to overturn his loss in the 2020 presidential election.

Trump v. United States, 603 U.S. 593 (2024), is a landmark decision of the Supreme Court of the United States in which the Court determined that presidential immunity from criminal prosecution presumptively extends to all of a president's "official acts" – with absolute immunity for official acts within an exclusive presidential authority that Congress cannot regulate such as the pardon, command of the military, execution of laws, or control of the executive branch. The case extends from an ongoing federal case to determine whether then-President Donald Trump and others engaged in election interference during the 2020 election, including events during the January 6, 2021, attack on the U.S. Capitol. It is the first time a case concerning criminal prosecution for alleged official acts of a president was brought before the Supreme Court.

<span class="mw-page-title-main">Nevada prosecution of fake electors</span> Criminal prosecution concerning the Trump fake electors scheme

State of Nevada v. Michael J. McDonald, et al. is a state criminal prosecution of participants in the Trump fake electors plot in Nevada. The six defendants were each indicted on two felony forgery charges related to documents that falsely claimed that Donald Trump won the state's electoral votes in the 2020 U.S. presidential election in Nevada. Among the accused are Michael J. McDonald, the chair of the Nevada Republican Party, and Clark County Republican chairman Jesse Law.

References

  1. O'Kruk, Amy; Merrill, Curt (December 11, 2023) [July 2023]. "Donald Trump's Criminal Cases, In One Place". CNN . Archived from the original on September 1, 2023. Retrieved January 28, 2024.
  2. 1 2 Grenoble, Ryan (September 6, 2024). "Judge Postpones Trump's Hush Money Sentencing Until After The Election". HuffPost. Archived from the original on September 6, 2024. Retrieved September 6, 2024.
  3. Cohen, Zachary; Murray, Sara (June 5, 2024). "Georgia Court of Appeals Indefinitely Pauses the Election Subversion Conspiracy Case Against Donald Trump". CNN. Archived from the original on June 5, 2024. Retrieved June 6, 2024.
  4. Johnson, Carrie (July 15, 2024). "Judge Dismisses Trump Documents Case over Special Counsel Appointment". NPR . Retrieved October 22, 2024.
  5. "December 19, 2024". Court of Appeals of Georgia. December 19, 2024. Archived from the original on December 19, 2024. Retrieved December 19, 2024.
  6. 1 2 "Florida Judge Dismisses the Trump Classified Documents Case". NBC News . July 16, 2024. Archived from the original on July 15, 2024. Retrieved October 22, 2024.
  7. "United States District Court Southern District of Florida West Palm Beach Division" (PDF). July 17, 2024. Retrieved October 22, 2024.
  8. "United States Court of Appeals for the Eleventh Circuit" (PDF). courtlistener.com. July 18, 2024. Retrieved October 22, 2024.
  9. "Court sets Aug. 27 deadline for brief appealing Trump classified docs dismissal". ABC News . Archived from the original on July 30, 2024. Retrieved July 30, 2024.
  10. Bromwich, Jonah E.; Rashbaum, William K.; Protess, Ben; Haberman, Maggie (April 4, 2023). "Donald Trump's Arraignment: Trump Decries Charges After Pleading Not Guilty to 34 Felony Counts". The New York Times. Archived from the original on June 2, 2023. Retrieved September 29, 2023.
  11. Sneed, Tierney (August 5, 2023). "Trump Pleads Not Guilty Twice in 24 Hours with Plea to New Charges in Classified Documents Case". CNN . Archived from the original on August 5, 2023. Retrieved September 29, 2023.
  12. Kunzelman, Michael; Tucker, Eric; Merchant, Nomaan (August 3, 2023). "Trump Pleads Not Guilty to Federal Felonies Related to the 2020 Election". PBS NewsHour. Associated Press . Retrieved September 29, 2023.
  13. Rabinowitz, Hannah (August 31, 2023). "Trump Pleads Not Guilty in Georgia Election Subversion Case, Seeks to Sever Case from Co-Defendants Who Want a Speedy Trial". CNN. Archived from the original on September 21, 2023. Retrieved September 29, 2023.
  14. Stein, Perry (March 30, 2023). "Trump Can Still Run for President in 2024 After Being Indicted". The Washington Post . ISSN   0190-8286. Archived from the original on April 14, 2023. Retrieved March 30, 2023.
  15. Giavanni Alves (March 31, 2023). "Can a Convicted Felon Become a U.S. President?". Staten Island Advance. Archived from the original on April 5, 2023. Retrieved April 5, 2023.
  16. "Supreme Court Rules Trump Is Entitled to Some Immunity in January 6 Case". CNN. July 1, 2024. Archived from the original on July 1, 2024. Retrieved July 1, 2024.
  17. Halpert, Madeline (November 6, 2024). "Trump has won the election. What happens to his legal cases?". BBC News. Retrieved November 6, 2024.
  18. Cole, Devan; del Valle, Lauren; Scannell, Kara; Herb, Jeremy; Reid, Paula (November 6, 2024). "What happens to Trump's criminal and civil cases now that he's been reelected". CNN. Archived from the original on November 6, 2024. Retrieved November 6, 2024.
  19. 1 2 3 O'Kruk, Amy; Merrill, Curt (April 16, 2024). "Tracking Donald Trump's Indictments". CNN. Retrieved April 24, 2024.
  20. Charalambous, Peter; Faulders, Katherine (November 26, 2024). "Trump's federal prosecution ends as appeals court drops him from classified documents case". ABC News. Archived from the original on November 27, 2024. Retrieved November 26, 2024.
  21. 1 2 3 4 Savage, Charlie (August 15, 2023). "Comparing the Four Criminal Cases Against Donald Trump". The New York Times . Archived from the original on August 16, 2023. Retrieved August 16, 2023.
  22. Ball, Molly (April 20, 2024). "Trump's Trial and Campaign Collide as Historic Prosecution Begins" . The Wall Street Journal . Retrieved April 21, 2024.
  23. Kates, Graham (July 3, 2024). "Experts Doubt Trump Will Get Conviction Tossed in "Hush Money" Case Despite Supreme Court Ruling". CBS News. Archived from the original on July 7, 2024. Retrieved July 7, 2024.
  24. Kinnard, Meg; Richer, Alanna Durkin (July 28, 2023). "Read Trump's New Charges in the Classified Documents Case". PBS . Archived from the original on August 28, 2023. Retrieved January 28, 2024.
  25. Tucker, Eric (July 21, 2023). "Judge Sets a Trial Date for Next May in Trump's Classified Documents Case in Florida". The San Diego Union-Tribune . Associated Press. Archived from the original on January 28, 2024. Retrieved January 28, 2024.
  26. Cheney, Kyle (May 7, 2024). "Judge Cannon Indefinitely Postpones Trump's Classified Docs Trial". Politico. Archived from the original on May 8, 2024. Retrieved May 7, 2024.
  27. Cabral, Sam (February 6, 2024). "Donald Trump Does Not Have Presidential Immunity, US Court Rules". BBC News. Archived from the original on February 6, 2024. Retrieved February 6, 2024.
  28. "What Is an 'Official' Act, And How Will a Judge Interpret Trump's Immunity?". Washington Post. July 3, 2024. Archived from the original on July 4, 2024. Retrieved July 7, 2024.
  29. 1 2 Sneed, Tierney; Morris, Jason; Valencia, Nick (March 13, 2024). "Judge Dismisses Some Trump Georgia Election Subversion Charges but Leaves Most of the Case Intact". CNN . Retrieved May 12, 2024.
  30. Sullivan, Andy; Ax, Joseph; Lynch, Sarah N.; Sullivan, Andy; Lynch, Sarah N. (August 15, 2023). "Georgia Charges Trump, Former Advisers in 2020 Election Case". Reuters . Archived from the original on December 4, 2023. Retrieved January 28, 2024.
  31. Gerstein, Josh (September 12, 2024). "Judge in Georgia Election Case Knocks out 2 Charges Against Trump". Politico. Archived from the original on September 13, 2024. Retrieved September 13, 2024.

Further reading