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| How big are Donald Trump's legal problems? | How big are Donald Trump's legal problems? |
| (10 days later) | |
| Donald Trump is facing charges in two separate criminal investigations, and he was separately ordered to pay millions of dollars to a writer after being found liable for sexual abuse. | |
| He is also under investigation for his alleged efforts to overturn his 2020 election defeat. | |
| Here are the cases ahead that pose the most serious legal risks for the former president, who is the frontrunner for the Republican nomination in 2024. | |
| Mr Trump is facing his second indictment - a historic first for a US president - over a Department of Justice investigation into the removal of government documents from the White House, which were then taken to Mr Trump's Florida estate, Mar-a-Lago, after he left office. | |
| He is accused of unauthorised retention of national defence files and obstruction of justice, his lawyer says, but the indictment is not yet public. | |
| The charges come after a search of the former president's sprawling beachside property last August, when 11,000 documents were seized, including around 100 marked as classified. Some of these were labelled top secret. | |
| We know very little about what's in the documents. But classified material usually contains information that officials feel could damage national security if made public. | |
| What has Trump said? | |
| Although the indictment was widely expected, Mr Trump broke the news himself on social media Thursday night, saying: "The corrupt Biden Administration has informed by attorneys that I have been Indicted, seemingly over the Boxes Hoax." | |
| He has consistently denied wrongdoing and criticised the justice department's investigation, branding it "politically motivated" and a "witch-hunt". | |
| He has offered shifting defences for the materials found at his property, mostly arguing that he declassified the material. No evidence has yet been provided that this is true. | |
| So how serious is it? | |
| It's against the law to keep classified or unauthorised documents, and a conviction could carry jail time, although it is highly unusual for senior officials to go to prison. Ex-CIA boss David Petraeus was charged with giving classified documents to his former mistress and biographer. He reached a plea deal with the justice department, avoiding felony charges but getting sentenced to two years probation and a $100,000 fine. | |
| Mr Trump became the first former president to face criminal charges when he was indicted there in April, following an investigation into a $130,000 payment to former adult film star Stormy Daniels. | |
| Ms Daniels claims the pair had sex, something Mr Trump denies, and says she accepted the money from his former lawyer before the 2016 election in exchange for her silence. | Ms Daniels claims the pair had sex, something Mr Trump denies, and says she accepted the money from his former lawyer before the 2016 election in exchange for her silence. |
| Meanwhile, the business practices of his family company, the Trump Organization, are being examined by prosecutors in the state. | Meanwhile, the business practices of his family company, the Trump Organization, are being examined by prosecutors in the state. |
| The New York attorney general is leading a civil investigation (which cannot result in criminal charges) and has spent years looking at whether the company committed various acts of fraud over several decades. | The New York attorney general is leading a civil investigation (which cannot result in criminal charges) and has spent years looking at whether the company committed various acts of fraud over several decades. |
| A criminal investigation is looking at similar issues. | A criminal investigation is looking at similar issues. |
| What has Trump said? | What has Trump said? |
| Mr Trump described the indictment in the Stormy Daniels case as "political persecution" and said he did not expect a fair trial. | Mr Trump described the indictment in the Stormy Daniels case as "political persecution" and said he did not expect a fair trial. |
| Separately, the former president and his lawyers have insisted the allegations against the Trump Organization are politically motivated. | Separately, the former president and his lawyers have insisted the allegations against the Trump Organization are politically motivated. |
| So how serious is it? | So how serious is it? |
| Mr Trump has pleaded not guilty to 34 counts of falsifying business records in the Stormy Daniels case. It is now heading to trial, which is likely to happen in February or March 2024. The most likely outcome there is a fine. | |
| The criminal investigation into the Trump Organization has already yielded convictions. The company was found guilty of fraud and falsifying business records and fined. Allen Weisselberg, the organisation's chief financial officer, was sentenced to jail. | The criminal investigation into the Trump Organization has already yielded convictions. The company was found guilty of fraud and falsifying business records and fined. Allen Weisselberg, the organisation's chief financial officer, was sentenced to jail. |
| In the civil case, the attorney general has filed a lawsuit against Mr Trump and three of his children accusing them of "astounding" fraud and of inflating their net worth. It seeks $250m that was allegedly obtained through fraudulent means. | In the civil case, the attorney general has filed a lawsuit against Mr Trump and three of his children accusing them of "astounding" fraud and of inflating their net worth. It seeks $250m that was allegedly obtained through fraudulent means. |
| A trial in that case is scheduled for October. | A trial in that case is scheduled for October. |
| More coverage | More coverage |
| E J Carroll: The fallout from the sexual abuse verdict | E J Carroll: The fallout from the sexual abuse verdict |
| Legal bills: Donors spending millions on Trump's battles | Legal bills: Donors spending millions on Trump's battles |
| 2024 election: Trump's top Republican challengers | 2024 election: Trump's top Republican challengers |
| The former president has also argued that some of the documents are protected by "privilege" - a legal concept that would prevent them from being used in future proceedings. An independent lawyer is reviewing the seized material to determine if this is the case. | The former president has also argued that some of the documents are protected by "privilege" - a legal concept that would prevent them from being used in future proceedings. An independent lawyer is reviewing the seized material to determine if this is the case. |
| But Mr Trump has not directly addressed the key question of why the documents were at Mar-a-Lago in the first place. | But Mr Trump has not directly addressed the key question of why the documents were at Mar-a-Lago in the first place. |
| So how serious is it? | So how serious is it? |
| This is an active criminal investigation and could result in charges being filed. | This is an active criminal investigation and could result in charges being filed. |
| Among other statutes, the justice department believes Mr Trump may have violated the Espionage Act by keeping national security information that "could be used to the injury of the United States". | Among other statutes, the justice department believes Mr Trump may have violated the Espionage Act by keeping national security information that "could be used to the injury of the United States". |
| In addition to charges relating to the classified documents themselves, prosecutors are also looking at obstruction of justice as another potential crime. | In addition to charges relating to the classified documents themselves, prosecutors are also looking at obstruction of justice as another potential crime. |
| The justice department has appointed an independent lawyer, or special counsel, to oversee all of its criminal investigations into Mr Trump. Jack Smith will lead its various inquiries and will ultimately decide whether to bring charges. | The justice department has appointed an independent lawyer, or special counsel, to oversee all of its criminal investigations into Mr Trump. Jack Smith will lead its various inquiries and will ultimately decide whether to bring charges. |
| Mr Trump's alleged role in the attack on the US Capitol on 6 January 2021, when a mob of his supporters stormed the building in an effort to stop the confirmation of President Joe Biden's election victory, is under scrutiny from prosecutors. | Mr Trump's alleged role in the attack on the US Capitol on 6 January 2021, when a mob of his supporters stormed the building in an effort to stop the confirmation of President Joe Biden's election victory, is under scrutiny from prosecutors. |
| A congressional committee spent 18 months looking into Mr Trump's actions. They held a series of televised hearings laying out their case that his election fraud claims led directly to the riot. | A congressional committee spent 18 months looking into Mr Trump's actions. They held a series of televised hearings laying out their case that his election fraud claims led directly to the riot. |
| Following these hearings, the committee accused Mr Trump of inciting insurrection and referred its findings to the justice department. | Following these hearings, the committee accused Mr Trump of inciting insurrection and referred its findings to the justice department. |
| This video can not be played | This video can not be played |
| To play this video you need to enable JavaScript in your browser. | To play this video you need to enable JavaScript in your browser. |
| Watch the moment Trump supporters stormed the US Capitol building | Watch the moment Trump supporters stormed the US Capitol building |
| Watch the moment Trump supporters stormed the US Capitol building | Watch the moment Trump supporters stormed the US Capitol building |
| The department is running a criminal investigation into 6 January and broader efforts to overturn the election - but this has largely been shrouded in secrecy. | The department is running a criminal investigation into 6 January and broader efforts to overturn the election - but this has largely been shrouded in secrecy. |
| It's the largest police investigation in US history, but the extent to which Mr Trump is a target is still unclear. | It's the largest police investigation in US history, but the extent to which Mr Trump is a target is still unclear. |
| What has Trump said? | What has Trump said? |
| He's denied responsibility for the riot and has continued to repeat his unsubstantiated allegations of widespread voter fraud in the 2020 election. | He's denied responsibility for the riot and has continued to repeat his unsubstantiated allegations of widespread voter fraud in the 2020 election. |
| So how serious is it? | So how serious is it? |
| It is up to the justice department to decide whether to file criminal charges, and its investigation has already led to hundreds of people who stormed the Capitol being charged. | It is up to the justice department to decide whether to file criminal charges, and its investigation has already led to hundreds of people who stormed the Capitol being charged. |
| The former president has not been called for questioning in that inquiry, but it remains a possibility. | The former president has not been called for questioning in that inquiry, but it remains a possibility. |
| He could - in theory - be charged if investigators believe there is sufficient evidence of wrongdoing on his part. | He could - in theory - be charged if investigators believe there is sufficient evidence of wrongdoing on his part. |
| Prosecutors have been investigating whether Mr Trump and others acted illegally to try and and overturn his narrow loss in the state in 2020. | Prosecutors have been investigating whether Mr Trump and others acted illegally to try and and overturn his narrow loss in the state in 2020. |
| The criminal investigation was opened after the disclosure of an hour-long phone call between the former president and the state's top election official on 2 January 2021. | The criminal investigation was opened after the disclosure of an hour-long phone call between the former president and the state's top election official on 2 January 2021. |
| "I just want to find 11,780 votes," Mr Trump said during the call to Republican Secretary of State Brad Raffensperger - a reference to the number of ballots needed to give him victory in the swing state. | "I just want to find 11,780 votes," Mr Trump said during the call to Republican Secretary of State Brad Raffensperger - a reference to the number of ballots needed to give him victory in the swing state. |
| A grand jury heard evidence for over eight months before filing a final report, which remains sealed. | A grand jury heard evidence for over eight months before filing a final report, which remains sealed. |
| What has Trump said? | What has Trump said? |
| He's described the investigation - as he has many others - as a "witch hunt". | He's described the investigation - as he has many others - as a "witch hunt". |
| He has also attacked the legal official leading the inquiry - the chief prosecutor of Fulton County, Fani Willis - as a "young, ambitious, Radical Left Democrat". | He has also attacked the legal official leading the inquiry - the chief prosecutor of Fulton County, Fani Willis - as a "young, ambitious, Radical Left Democrat". |
| So how serious is it? | So how serious is it? |
| "The allegations are very serious. If indicted and convicted, people are facing prison sentences," Ms Willis told the Washington Post in September. | "The allegations are very serious. If indicted and convicted, people are facing prison sentences," Ms Willis told the Washington Post in September. |
| The 26-member grand jury did not have indictment powers but may have recommended charges. Among the potential crimes it looked into were the solicitation of election fraud, making false statements to government officials, and racketeering. | The 26-member grand jury did not have indictment powers but may have recommended charges. Among the potential crimes it looked into were the solicitation of election fraud, making false statements to government officials, and racketeering. |
| It is not known whether the former president is being directly investigated, but some of his allies are known to be part of the inquiry. | It is not known whether the former president is being directly investigated, but some of his allies are known to be part of the inquiry. |
| Ms Willis is expected to disclose whether Mr Trump and others will be charged this summer. | Ms Willis is expected to disclose whether Mr Trump and others will be charged this summer. |
| With additional reporting by Robin Levinson King | |
| Related Topics | Related Topics |
| Indictments of Donald Trump | |
| Donald Trump | Donald Trump |
| United States | United States |