United States v. Trump | |
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Court | United 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 |
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Court membership | |
Judge sitting | Tanya S. Chutkan (District Judge) |
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Business and personal 45th & 47th President of the United States Tenure
Impeachments Civil and criminal prosecutions |
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January 6 United States Capitol attack |
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Timeline • Planning |
Background |
Participants |
Aftermath |
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]
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