The most serious Trump indictment yet – a criminal law scholar explains the charges of using ‘dishonesty, fraud and deceit’ to cling to power
The charges are groundbreaking and not just because a former president is facing multiple criminal charges.
- The charges are groundbreaking and not just because a former president is facing multiple criminal charges.
- The indictment charges that all of Trump’s many claims of election irregularities “were false, and the Defendant knew that they were false.” I am a scholar of criminal law and procedure.
- While Trump is facing multiple other charges, this indictment contains the most serious charges he has faced thus far.
- This indictment, by contrast, alleges that Trump knowingly worked to hold on to an office he knew he was not entitled to.
Breaking down the charges
- Trump allegedly did this, for example, by asking legislative leaders to call the legislature back into session and approve a resolution that Trump, not Joe Biden, had won.
- But all state legislatures certified the election results by December 2020.
- Third, Trump and his allies allegedly attempted to have Justice Department officials communicate with states whose electoral votes Trump wanted.
Ties to Jan. 6
- And finally, the indictment accuses Trump of being responsible for some of the violence on Jan. 6, 2021, and exploiting the riot at the Capitol by urging members of Congress to delay the electoral vote count proceedings that day.
- So, even though Trump is the only person named and indicted in this case, a wide range of evidence from others’ actions will be available against him.
Potential time served
- The indictment’s first count, conspiracy to defraud the U.S., has a five-year maximum sentence.
- Counts 2 and 3, obstruction of an official proceeding and conspiracy to obstruct an official proceeding, carry 20-year maximum sentences.
- The issue came up in the 1970s, but was rendered moot when President Gerald Ford pardoned former President Richard Nixon.
- This case places Trump in a much deeper kind of new legal trouble, and the U.S. in a murky, unexplored political and legal landscape.