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How big are Donald Trump's legal problems? How big are Donald Trump's legal problems?
(about 1 month later)
From allegedly mishandling state secrets to accusations he paid off a porn star - Donald Trump is facing numerous legal problems. Donald Trump has been indicted twice and is being investigated on several other fronts, meaning more criminal charges could be on the way.
He is facing charges in two separate criminal investigations, and was ordered to pay millions of dollars to a writer after being found liable for sexual abuse. This is where the key cases stand and what they could mean for the former president and frontrunner for the 2024 Republican nomination.
He is also under investigation for his alleged efforts to overturn his 2020 election defeat. Classified documents
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. What are the charges?
Mr Trump is facing his second indictment - a historic first for a US president - over a Department of Justice investigation into the handling of government documents after he left the White House. Mr Trump is facing 37 criminal charges over his alleged mishandling of classified material after he left the White House.
He has been charged with 37 counts, including unauthorised retention of national defence files and obstruction of justice. Thousands of documents were seized in an FBI search at his Florida estate Mar-a-Lago last year, including about 100 that were marked as classified.
The stems from a search of the former president's sprawling beachside property at Mar-a-Lago, Florida, last August, when 11,000 documents were seized, including around 100 marked as classified. Some of these were labelled top secret. The charges are related to both his handling of the documents and his alleged efforts to obstruct the FBI's attempts to retrieve them.
The indictment, which included pictures from his residence, accuses him of storing classified material, including US nuclear plans, in his bathroom and ballroom. It also alleges that on one occasion, he showed military plans to a writer, publisher and staffers, none of whom had proper security clearances. The majority of the counts, 31, are for the wilful retention of national defence information, which falls under the Espionage Act.
What has Trump said? There are then six individual counts which include conspiracy to obstruct justice, withholding a document or record and making false statements.
Mr Trump has pleaded not guilty to all charges related to the documents found in Mar-a-Lago. Will Donald Trump go to jail?
He says the indictment is a political attack orchestrated by the Democrats, calling it a "witch hunt" and calling the lead prosecutor in the case "deranged" and a "thug". These charges could - in theory - lead to substantial prison time if Mr Trump is convicted.
He has offered defences for the materials found at his property, mostly arguing that he declassified the material. No evidence has yet been provided that this was possible or is true. But the logistics, security and politics of jailing a former president mean a conventional prison sentence is seen as unlikely by many experts.
So how serious is it? Looking at the letter of the law, the 31 counts under the Espionage Act, for example, each carry a maximum sentence of 10 years.
It is 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. Four other counts, related to conspiracy and withholding or concealing documents, each carry maximum sentences of 20 years.
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. The last two counts - scheme to conceal, and false statements and representations - carry sentences of five years each.
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. But while there is no doubt the charges are serious, many questions remain unanswered about the potential penalties should he be convicted.
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. What will his defence be?
Meanwhile, the business practices of his family company, the Trump Organization, are being examined by prosecutors in the state. Mr Trump has pleaded not guilty to all charges and the trial is set to begin in May 2024.
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 former president has offered shifting defences for the material found at his property, mostly arguing that he declassified it. No evidence has been provided that this was possible or is true.
A criminal investigation is looking at similar issues. This video can not be played
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Mr Trump described the indictment in the Stormy Daniels case as "political persecution" and said he did not expect a fair trial. Trump supporters outside court: 'They're afraid of him'
Separately, the former president and his lawyers have insisted the allegations against the Trump Organization are politically motivated. Trump supporters outside court: 'They're afraid of him'
So how serious is it? His lawyers may argue in court that Mr Trump was unfairly targeted and that other politicians, namely Hillary Clinton, Mike Pence and current President Joe Biden, were never charged for their handling of classified documents.
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. But experts say the former president's case is different in a number of ways. For one, other politicians were willing to return whatever documents they had, while prosecutors allege Mr Trump resisted.
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. New York hush money
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. What are the charges?
A trial in that case is scheduled for October. Mr Trump is facing 34 felony counts of falsifying business records in the first degree.
The charges stem from a hush-money payment made before the 2016 election to the adult film star Stormy Daniels, who says she had an adulterous affair with Mr Trump.
While such a payment is not illegal, spending money to help a presidential campaign but not disclosing it violates federal campaign finance law.
What are the potential penalties?
Each of the charges carries a maximum of four years in prison, although a judge could sentence Mr Trump to probation if he is convicted.
Legal experts have told BBC News they think it is unlikely Mr Trump will be jailed if convicted in this case and a fine is the more likely outcome.
What will his defence be?
Mr Trump has pleaded not guilty and is due to stand trial in the case in March.
He denies ever having sexual relations with Ms Daniels and says the payment was made to protect his family from false allegations, not to sway the election.
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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. Capitol riot and 2020 election
But Mr Trump has not directly addressed the key question of why the documents were at Mar-a-Lago in the first place. What are the charges?
So how serious is it? Mr Trump has not been charged in connection with the federal investigation into efforts to undermine the 2020 election that culminated in the riot at the US Capitol.
This is an active criminal investigation and could result in charges being filed. But he has received a letter indicating that he is a target of the investigation, which is often a sign that an indictment may be imminent.
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". And until a potential indictment is unsealed we will not know the specific charges. But some media reports give an indication of what they could be.
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.
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.
Following these hearings, the committee accused Mr Trump of inciting insurrection and referred its findings to the justice department.
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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. Reporting from The New York Times and others, citing people familiar with the investigation, suggest possible charges include: conspiracy to defraud the US, corruptly obstructing an official proceeding, insurrection, and tampering with a witness.
It's the largest police investigation in US history, but the extent to which Mr Trump is a target is still unclear. Some reports also state the target letter includes a rare civil-rights charge, conspiring to "injure, oppress, threaten, or intimidate any person" in the "free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States".
What has Trump said? What are the potential penalties?
He's denied responsibility for the riot and has continued to repeat his unsubstantiated allegations of widespread voter fraud in the 2020 election. These reported charges carry a range of penalties, including prison time:
So how serious is it? Conspiracy to defraud the US is punishable by a fine or up to five years in prison
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. Obstructing an official proceeding is punishable by a fine or up to 20 years in prison
The former president has not been called for questioning in that inquiry, but it remains a possibility. Tampering with a witness is also punishable by a fine or up to 20 years in prison
He could - in theory - be charged if investigators believe there is sufficient evidence of wrongdoing on his part. The civil-rights charge is punishable by a fine or up to one year in prison
Prosecutors have been investigating whether Mr Trump and others acted illegally to try and and overturn his narrow loss in the state in 2020. Insurrection, which is a rarer and more complicated statute, is punishable by a fine and up to ten years or prison. It also bars anyone convicted of it from holding future office
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. But the same logistic, security and political questions remain around whether Mr Trump would serve time even if charged and convicted.
"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. What will his defence be?
A grand jury heard evidence for over eight months before filing a final report, which remains sealed. Unsurprisingly, if Mr Trump is indicted, his defence will likely hinge on the specific charges against him.
What has Trump said? But he has repeatedly denied responsibility for the riot on 6 January 2021.
He's described the investigation - as he has many others - as a "witch hunt". His legal team are also likely to argue that the former president is not directly responsible for the violence that unfolded that day because he told supporters to march "peacefully" on the Capitol.
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". Georgia 2020 election
So how serious is it? What are the charges?
"The allegations are very serious. If indicted and convicted, people are facing prison sentences," Ms Willis told the Washington Post in September. No charges have been filed as prosecutors investigate whether Mr Trump and others acted illegally to try and and overturn his narrow loss in Georgia in 2020.
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. A key focus of the investigation is a phone call between the former president and Georgia's chief elections officer, in which Mr Trump suggested local officials could "find" more than 11,000 votes.
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. Fulton County District Attorney Fani Wallis, the Democrat who launched the investigation, has hinted that any charges would probably be filed in August.
Ms Willis is expected to disclose whether Mr Trump and others will be charged this summer. To bring criminal charges, Ms Willis and her team must present her case to a grand jury which will then vote on whether to indict.
With additional reporting by Robin Levinson King And based on current reporting, potential charges include the solicitation of election fraud, making false statements to government officials, and racketeering.
What are the potential penalties?
There is a long list of possible charges in the case and, until a grand jury decides to indict, we won't know what they are for sure.
But reports suggest racketeering, which is mostly used in organised crime cases, could be among the most serious.
Ms Willis would need to prove that there was a pattern of corruption from Mr Trump and his allies aimed at overturning the election result in order to bring this charge, which carries penalties of up to 20 years in prison and a fine.
As for making false statements, that carries a penalty of between one to five years in prison or a fine.
And a person convicted of first-degree criminal solicitation to commit election fraud will face between one to three years in jail.
What will his defence be?
Once again, it will no doubt depend on the specific charges, but Mr Trump has repeatedly denied wrongdoing in the case.
He has defended the phone call in question as "perfect" and accused Ms Wallis of launching a politically motivated inquiry.
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