Federal prosecution of Donald Trump (election obstruction case)

United States v. Trump
Seal of the U.S. District Court for the District of Columbia
CourtUnited States District Court for the District of Columbia
Full case name United States of America v. Donald J. Trump
Docket nos.1:23-cr-00257-TSC
Charge
Court membership
Judge sittingTanya S. Chutkan (District Judge)

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.

Trump has pleaded not guilty for having attempted to overturn the results of the election through a plot in which pro-Trump slates of fake electors would be created. Trump pressured then-vice president Mike Pence to count the fake electors instead of the electors certified by state legislators. The Department of Justice opened an investigation in January 2022 into the plot, expanding it to encompass January 6. In November 2022, Attorney General Merrick Garland appointed Jack Smith to lead a special counsel investigation encompassing the investigations into attempts to overturn the election and Trump's handling of government documents.

On August 1, 2023, a grand jury indicted Trump in the District of Columbia U.S. District Court on four charges for his conduct following the 2020 presidential election through the January 6 Capitol attack: conspiracy to defraud the United States under Title 18 of the United States Code, obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002, and conspiracy against rights under the Enforcement Act of 1870.[1][2][3] The indictment mentioned six unnamed co-conspirators. It is Trump's third indictment and the first indictment against a U.S. president concerning actions while in office.[4] Trump appeared at an arraignment on August 3, where he pleaded not guilty.[5] The charge with the longest sentence carries a maximum of 20 years in prison.[6]

On February 2, 2024, Judge Tanya Chutkan said she would not schedule a trial until the DC Circuit Court of Appeals decided whether Trump was immune from prosecution.[7] After that court unanimously ruled that Trump was not immune,[8] Trump appealed to the U.S. Supreme Court,[9][10] which ruled on July 1 that former presidents have "some immunity from criminal prosecution" for their "official acts" made during their presidency.[11] As a result, on August 27, the special counsel issued a superseding indictment that maintained the same four charges but omitted some specific allegations.[12][13]

Following Trump's election in November 2024, the Justice Department was reportedly considering how to wind down the case, given that Trump as president will not allow the prosecution to continue.[14] Special Counsel Jack Smith reportedly plans to step down before Trump takes office.[15]

  1. ^ "Trump indicted for efforts to undermine the 2020 election". PBS NewsHour. WETA. Associated Press. August 1, 2023. Retrieved August 1, 2023.
  2. ^ Grabenstein, Hannah; Serino, Kenichi (August 1, 2023). "Read the full indictment against Trump for his alleged efforts to overturn the 2020 election". PBS NewsHour. WETA. Retrieved August 1, 2023.
  3. ^ Berris, Peter G. (August 3, 2023). Overview of the Indictment of Former President Trump Related to the 2020 Election (Report). Congressional Research Service. Retrieved August 23, 2023.
  4. ^ Wilner, Michael (August 1, 2023). "Trump's first two indictments could mean prison. His third could change the presidency". Miami Herald. Archived from the original on August 5, 2023. Retrieved August 2, 2023.
  5. ^ Kunzelman, Michael; Tucker, Eric; Merchant, Nomaan (August 3, 2023). "Trump pleads not guilty to federal felonies related to the 2020 election". PBS NewsHour. WETA. Retrieved August 4, 2023.
  6. ^ Lynch, Sarah N.; Thomsen, Jacqueline; Goudsward, Andrew; Lynch, Sarah N.; Thomsen, Jacqueline (August 2, 2023). "Trump faces federal charges for efforts to overturn 2020 election". Reuters. Archived from the original on August 11, 2023. Retrieved August 14, 2023.
  7. ^ Polantz, Katelyn; Lybrand, Holmes (February 2, 2024). "Federal judge in Trump's DC election interference case postpones trial". CNN. Retrieved February 2, 2024.
  8. ^ Tucker, Eric; Richer, Alanna Durkin (February 6, 2024). "Trump is not immune from prosecution in his 2020 election interference case, US appeals court says". Associated Press. Retrieved February 6, 2024.
  9. ^ "Highlights from Supreme Court hearing on Trump immunity case". Associated Press. April 25, 2024. Retrieved April 25, 2024.
  10. ^ Mitchell, Taiyler S. (March 6, 2024). "Supreme Court Sets Date For Trump Immunity Oral Arguments". HuffPost. Retrieved March 7, 2024.
  11. ^ Fritze, John (July 1, 2024). "Supreme Court rules Trump has limited immunity in January 6 case, jeopardizing trial before election". CNN. Archived from the original on July 3, 2024. Retrieved July 1, 2024.
  12. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  13. ^ "Superseding Indictment" (PDF). DocumentCloud. August 27, 2024. Retrieved August 29, 2024.
  14. ^ Cite error: The named reference :10 was invoked but never defined (see the help page).
  15. ^ Hearon, Liza (November 13, 2024). "Special Counsel Jack Smith To Resign Before Trump Takes Office: Reports". HuffPost. Retrieved November 13, 2024.