October 25, 2023
United States vs. Donald J. Trump
On August 1, 2023, the Department of Justice (“DOJ”), through its Special Counsel Jack Smith, filed a 45-page, four-count indictment against former President Donald Trump in the United States District Court for the District of Columbia. This indictment alleged conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. These charges stem from the 2020 presidential election and the certification of electoral votes that followed on January 6, 2021.
The Indictment
Through four separate counts, the DOJ alleges that Trump, inter alia, agreed with others to overturn the legitimate results of the 2020 presidential election by knowingly using false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified.
COUNT 1
The DOJ accuses Trump of agreeing with co-conspirators to defraud the U.S. by using dishonesty, fraud, and deceit to impair obstruct and defeat the certification of the 2020 presidential election.
To support this count, the government cites
18 U. S.C. § 371 Conspiracy to commit offense or defraud the United States.
COUNT 2
The DOJ accuses Trump of conspiring with co-conspirators to corruptly obstruct and impede an official proceeding – the certification of the electoral vote.
To support this count, the government cites
18 U. S.C. § 1512(K) Tampering with a witness, victim or informant.
COUNT 3
To support this count, the government cites
18 U. S.C. § 1512(C)(2) Tampering with a witness, victim, or an informant.
COUNT 4 The DOJ accuses Trump of agreeing with co-conspirators to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of the right
To support this count, the government cites
18 U. S.C. § 241 Conspiracy against rights to vote.
The Stakes
What penalties could Trump be facing if found guilty?
Trump, if convicted, faces significant time in prison, a combined maximum of 35 years in prison on all charges.
18 U. S.C. § 371 Carries a Maximum Sentence of 5 Years
18 U. S.C. § 1512 Carries a Maximum Sentence of 20 Years
18 U. S.C. § 241 Carries a Maximum Sentence of 10 Years
The Presentation of this Indictment
How did the DOJ frame this indictment for the public?
In his press conference, Jack Smith framed this indictment around the January 6 riot at the
U.S. Capitol. He did so even though the charges are unrelated to the instances of violence and threats to life and property that the U.S. House Select Committee on the January 6 Attack investigated for two years.
What is missing from this indictment?
What is not included in this indictment speaks volumes. After Congress spent two years investigating Trump for inciting violence and encouraging an insurrection at the Capitol on January 6, Trump was not charged with insurrection, seditious conspiracy, or incitement.
The Timing of this Indictment
During the past two months, the government has announced indictments and additional charges against former President Trump just days after new revelations in the ongoing investigation into the Biden family’s business dealings. The timeline shown below shows the sequence of these events.
JUNE 8, 2023 The House Judiciary Committee obtains FBI Form 1023 revealing actions taken by Joe Biden and his family that are linked to bribery.
JULY 27, 2023 DOJ Special Counsel Jack Smith brings additional charges against former President Trump in the classified documents case.
JUNE 9, 2023 Former President Trump is indicted for mishandling classified documents. JULY 31, 2023
Devon Archer, Hunter Biden’s former business partner, testifies before Congress and alleges that Joe Biden took part in at least 20 phone conversations with Hunter Biden’s business partners.
AUGUST 1, 2023 The DOJ indicts former President Trump for charges related to challenges to the 2020 election.
JULY 26, 2023 A United States District Court in the District of Delaware rejected Hunter Biden’s plea deal, which disclosed the DOJ’s offer of blanket immunity for future prosecutions.
JULY 27, 2023 DOJ Special Counsel Jack Smith brings additional charges against former President Trump in the classified documents case The Arguments Against the Charges
The Unprecedented Nature of this Indictment
Former President Trump’s legal team is expected to argue that he genuinely believed the
election results were incorrect and that he did not use knowingly false information to engage in a conspiracy.
President Joe Biden is the first and only president to bring criminal charges against his opponent, the leading contender of the opposition party. Former President Trump is the first and only president to be indicted by the DOJ.
This indictment has been handed down despite similar or worse allegations of crimes involving former Secretary of State and presidential candidate Hillary R. Clinton and most recently alleged crimes of bribery, mishandling