In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.
Nixon v. Fitzgerald, 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office. The Court found that a president "is entitled to absolute immunity from damages liability predicated on his official acts."
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 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.
In United States law, absolute immunity is a type of sovereign immunity for government officials that confers complete immunity from criminal prosecution and suits for damages, so long as officials are acting within the scope of their duties. The Supreme Court of the United States has consistently held that government officials deserve some type of immunity from lawsuits for damages, and that the common law recognized this immunity. The Court reasons that this immunity is necessary to protect public officials from excessive interference with their responsibilities and from "potentially disabling threats of liability."
Warren Kenneth Paxton Jr. is an American politician and lawyer who has served as the attorney general of Texas since 2015. A member of the Republican Party, he previously served in the Texas Senate representing the eighth district and as a member of the Texas House of Representatives.
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.
Dean John Sauer is an American lawyer who served as Solicitor General of Missouri from 2017 to 2023 and represented Donald Trump in his successful appeal to the U.S. Supreme Court in Trump v. United States.
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.
The second impeachment trial of Donald Trump, the 45th president of the United States, began on February 9, 2021, and concluded with his acquittal on February 13. Donald Trump had been impeached for the second time by the House of Representatives on January 13, 2021. The House adopted one article of impeachment against Trump: incitement of insurrection. He is the only U.S. president and only federal official to be impeached twice. He was impeached by the House seven days prior to the expiration of his term and the inauguration of Joe Biden. Because he left office before the trial, this was the first impeachment trial of a former president. The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results and stated that Trump incited the attack on the Capitol in Washington, D.C., while Congress was convened to count the electoral votes and certify the victory of Joe Biden and Kamala Harris.
On January 6, 2021, supporters of then-President Donald Trump attacked the U.S. Capitol Building, disrupting the joint session of Congress assembled to count electoral votes to formalize Joe Biden's victory in the 2020 United States Presidential Election. By the end of the month, the Federal Bureau of Investigation (FBI) had opened more than 400 case files and issued more than 500 subpoenas and search warrants related to the riot. The FBI also created a website to solicit tips from the public specifically related to the riot and were especially assisted by the crowdsourced sleuthing group Sedition Hunters. By the end of 2021, 725 people had been charged with federal crimes. That number rose to 1,000 by the second anniversary of the attack, and to 1,200 by the third anniversary, at which point over 890 people had been found guilty of federal crimes. These federal cases are handled by the U.S. Attorney's Office for the District of Columbia (D.C.). State cases, of which there are fewer, are handled in the D.C. Superior Court.
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.
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.
In 2023, four criminal indictments were filed against Donald Trump, president of the United States from 2017 to 2021. Two indictments are on state charges and two indictments are on federal charges.
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.
United States of America v. Donald J. Trump is a pending federal criminal case against Donald Trump, the president of the United States from 2017 to 2021, regarding his alleged participation in attempts to overturn the 2020 U.S. presidential election, including his involvement in the January 6 Capitol attack.
Federal prosecution of Donald Trump or United States v. Trump may refer to:
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. As of June 2024, it is one of three ongoing criminal indictments against Trump, although proceedings have been indefinitely suspended.
Fischer v. United States,, was a United States Supreme Court case about the proper use of the felony charge of obstructing an official proceeding, established in the Sarbanes–Oxley Act, against participants in the January 6 United States Capitol attack. The Supreme Court ruled 6–3 in June 2024 that the charge only applied when the defendant impaired a physical document or object used in an official proceeding, or attempted to do so.
Donald Trump's eligibility to run in the 2024 U.S. presidential election was the subject of dispute due to his involvement in the January 6 Capitol attack under Section 3 of the Fourteenth Amendment to the U.S. Constitution, which disqualifies insurrectionists against the United States from holding office if they have previously taken an oath to support the constitution. Courts or officials in three states—Colorado, Maine, and Illinois—ruled that Trump was barred from presidential ballots. However, the Supreme Court in Trump v. Anderson (2024) reversed the ruling in Colorado on the basis that state governments did not have the authority to enforce Section 3 against federal elected officials.
Trump v. United States, 603 U.S. ___, 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 trial to determine whether Donald Trump, president at the time, 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.
