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| Version 18 | Version 19 |
|---|---|
| How big are Donald Trump's legal problems? | How big are Donald Trump's legal problems? |
| (about 16 hours later) | |
| Donald Trump has been indicted twice and is being investigated on several other fronts, meaning more criminal charges could be on the way. | Donald Trump has been indicted twice and is being investigated on several other fronts, meaning more criminal charges could be on the way. |
| This is where the key cases stand and what they could mean for the former president and frontrunner for the 2024 Republican nomination. | This is where the key cases stand and what they could mean for the former president and frontrunner for the 2024 Republican nomination. |
| Classified documents | Classified documents |
| What are the charges? | What are the charges? |
| Mr Trump is facing 40 criminal charges over his alleged mishandling of classified material after he left the White House. | |
| 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. | 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 charges are related to both his handling of the documents and his alleged efforts to obstruct the FBI's attempts to retrieve them. | 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 majority of the counts, are for the wilful retention of national defence information, which falls under the Espionage Act. | |
| There are then eight individual counts which include conspiracy to obstruct justice, withholding a document or record and making false statements. | |
| Will Donald Trump go to jail? | Will Donald Trump go to jail? |
| These charges could - in theory - lead to substantial prison time if Mr Trump is convicted. | These charges could - in theory - lead to substantial prison time if Mr Trump is convicted. |
| But the logistics, security and politics of jailing a former president mean a conventional prison sentence is seen as unlikely by many experts. | But the logistics, security and politics of jailing a former president mean a conventional prison sentence is seen as unlikely by many experts. |
| Looking at the letter of the law, the counts under the Espionage Act, for example, each carry a maximum sentence of 10 years. | |
| Other counts, related to conspiracy and withholding or concealing documents, each carry maximum sentences of 20 years. | |
| Counts relating to a scheme to conceal, and false statements and representations carry sentences of five years each. | |
| But while there is no doubt the charges are serious, many questions remain unanswered about the potential penalties should he be convicted. | But while there is no doubt the charges are serious, many questions remain unanswered about the potential penalties should he be convicted. |
| What will his defence be? | What will his defence be? |
| Mr Trump has pleaded not guilty to all charges and the trial is set to begin in May 2024. | Mr Trump has pleaded not guilty to all charges and the trial is set to begin in May 2024. |
| 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. | 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. |
| 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. |
| Trump supporters outside court: 'They're afraid of him' | Trump supporters outside court: 'They're afraid of him' |
| Trump supporters outside court: 'They're afraid of him' | Trump supporters outside court: 'They're afraid of him' |
| 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. | 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. |
| 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. | 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. |
| New York hush money | New York hush money |
| What are the charges? | What are the charges? |
| Mr Trump is facing 34 felony counts of falsifying business records in the first degree. | 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. | 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. | 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? | 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. | 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. | 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? | What will his defence be? |
| Mr Trump has pleaded not guilty and is due to stand trial in the case in March. | 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. | 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. |
| More coverage | More coverage |
| Court artists: On their three, very different Trumps | Court artists: On their three, very different Trumps |
| Global context:What happened when others prosecuted ex-leaders? | Global context:What happened when others prosecuted ex-leaders? |
| 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 |
| Capitol riot and 2020 election | Capitol riot and 2020 election |
| What are the charges? | What are the charges? |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| 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 |
| 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. | 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. |
| 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". | 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 are the potential penalties? | What are the potential penalties? |
| These reported charges carry a range of penalties, including prison time: | These reported charges carry a range of penalties, including prison time: |
| Conspiracy to defraud the US is punishable by a fine or up to five years in prison | Conspiracy to defraud the US is punishable by a fine or up to five years in prison |
| Obstructing an official proceeding is punishable by a fine or up to 20 years in prison | Obstructing an official proceeding is punishable by a fine or up to 20 years in prison |
| Tampering with a witness is also punishable by a fine or up to 20 years in prison | Tampering with a witness is also punishable by a fine or up to 20 years in prison |
| The civil-rights charge is punishable by a fine or up to one year in prison | The civil-rights charge is punishable by a fine or up to one year in prison |
| 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 | 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 |
| But the same logistic, security and political questions remain around whether Mr Trump would serve time even if charged and convicted. | But the same logistic, security and political questions remain around whether Mr Trump would serve time even if charged and convicted. |
| What will his defence be? | What will his defence be? |
| Unsurprisingly, if Mr Trump is indicted, his defence will likely hinge on the specific charges against him. | Unsurprisingly, if Mr Trump is indicted, his defence will likely hinge on the specific charges against him. |
| But he has repeatedly denied responsibility for the riot on 6 January 2021. | But he has repeatedly denied responsibility for the riot on 6 January 2021. |
| 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. | 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. |
| Georgia 2020 election | Georgia 2020 election |
| What are the charges? | What are the charges? |
| 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. | 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. |
| 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. | 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. |
| Fulton County District Attorney Fani Wallis, the Democrat who launched the investigation, has hinted that any charges would probably be filed in August. | Fulton County District Attorney Fani Wallis, the Democrat who launched the investigation, has hinted that any charges would probably be filed in August. |
| 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. | 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. |
| And based on current reporting, potential charges include the solicitation of election fraud, making false statements to government officials, and racketeering. | 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? | 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. | 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. | 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. | 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. | 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. | 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? | 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. | 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. | He has defended the phone call in question as "perfect" and accused Ms Wallis of launching a politically motivated inquiry. |
| Related Topics | Related Topics |
| Indictments of Donald Trump | Indictments of Donald Trump |
| Donald Trump | Donald Trump |
| United States | United States |