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A guide to Donald Trump's four criminal cases | A guide to Donald Trump's four criminal cases |
(about 1 month later) | |
Donald Trump is heading towards an election rematch with Joe Biden in November, and this time he will do so as a convicted felon. | |
The 77-year-old is the first former president in US history to be criminally tried and convicted. He was found guilty of falsifying business records in relation to a hush-money payment to adult-film actress Stormy Daniels. | |
He faces three more criminal cases that have not been tried yet. | |
Trump has also been embroiled in civil cases relating to, among other things, the business empire that made his name. There are crucial legal appeals playing out too, including one on whether he is immune from prosecution. | |
It's a complicated legal picture. | It's a complicated legal picture. |
Here, we'll focus on the four criminal cases and explain what could happen next and, crucially, what's at stake as he seeks to return to the White House. | Here, we'll focus on the four criminal cases and explain what could happen next and, crucially, what's at stake as he seeks to return to the White House. |
What's it about? | What's it about? |
A payment made to the adult-film actress Stormy Daniels shortly before the 2016 election. | |
Ms Daniels was paid $130,000 (£103,000) to keep quiet about her claim that she had sex with Trump, which he denies. | |
Providing so-called hush-money is not illegal. | |
Instead, this case was more technical and centred on how Trump's former lawyer, who paid Ms Daniels, had his reimbursement recorded in Trump's accounts. | |
The former president was found guilty of falsifying his business records by saying the payment was for legal fees. Jurors listened to weeks of testimony and found him guilty under all 34 counts of fraud under campaign finance laws. | |
Trump has said the case is politically motivated. "This was a disgrace, this was a rigged trial," he told reporters after the verdict. | |
When was the trial? | |
The first criminal trial of a US president began in mid-April and ended on 30 May. | |
The prosecution's key witness was ex-lawyer Michael Cohen, who testified that his former boss knew about the elaborate scheme to disguise the payment. | |
In days of heated cross-examination, Trump's lawyers sought to undermine Cohen and paint him as an unreliable witness and convicted liar. | |
The jurors deliberated over two days before returning a guilty verdict. | |
Could Trump go to prison? | |
Each of the charges carries a maximum of four years in prison, although a judge could sentence Trump to probation if he is convicted. | |
Legal experts told the BBC they think it is unlikely Trump will be jailed and that a fine is the more likely outcome. | |
Manhattan District Attorney Alvin Bragg, a Democrat, used a rare strategy to bring felony charges rather than less serious misdemeanours. | |
A guide to the six-week trial in New York | A guide to the six-week trial in New York |
A guide to the six-week trial in New York | A guide to the six-week trial in New York |
What Trump's conviction means for election | |
What Trump's conviction means for election | |
What's it about? | What's it about? |
Whether Trump illegally conspired to overturn his 2020 election defeat to Joe Biden. | |
Federal prosecutors allege he pressured officials to reverse the results, knowingly spread lies about election fraud and sought to exploit the Capitol riot on 6 January 2021 to delay the certification of Mr Biden's victory and stay in power. | Federal prosecutors allege he pressured officials to reverse the results, knowingly spread lies about election fraud and sought to exploit the Capitol riot on 6 January 2021 to delay the certification of Mr Biden's victory and stay in power. |
He's been charged with four criminal counts, including conspiracy to defraud the US and conspiracy against the rights of citizens. | He's been charged with four criminal counts, including conspiracy to defraud the US and conspiracy against the rights of citizens. |
Some had speculated he would be charged with insurrection, or aiding insurrection, but that is not one of the charges. | Some had speculated he would be charged with insurrection, or aiding insurrection, but that is not one of the charges. |
He has denied wrongdoing and claimed the Biden administration is behind the prosecution. | |
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 |
When's the trial? | When's the trial? |
It has been postponed indefinitely while an appeal from Trump plays out. | |
The Supreme Court will rule on Trump's argument that a former president cannot be prosecuted like any other citizen. | |
Justices heard the case on 25 April and will decide by June. | Justices heard the case on 25 April and will decide by June. |
The challenge increases the chances that this trial may not happen before November's election. | The challenge increases the chances that this trial may not happen before November's election. |
And if Trump were to win the vote, he could in theory pardon himself or order the charges to be dismissed. | |
Could Trump go to prison? | |
Penalties for the charges include: | Penalties for the charges include: |
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 |
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 |
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 |
Conspiracy against rights is punishable by a fine or not more than 10 years in prison, or both | Conspiracy against rights is punishable by a fine or not more than 10 years in prison, or both |
Conspiracy against rights is punishable by a fine or not more than 10 years in prison, or both | Conspiracy against rights is punishable by a fine or not more than 10 years in prison, or both |
But there are logistical, security and political questions around whether Trump would actually serve time in jail even if convicted. | |
A conviction at trial would take the US into uncharted territory. | A conviction at trial would take the US into uncharted territory. |
What's it about? | What's it about? |
Trump and some 18 other defendants are accused of criminally conspiring to overturn his very narrow defeat in the state of Georgia in the 2020 election. | |
The racketeering investigation, led by Georgia prosecutor Fani Willis, was sparked in part by a leaked phone call in which the former president asked the state's top election official to "find 11,780 votes". | |
Trump was hit with 13 criminal counts, subsequently reduced to 10. They include one alleged violation of Georgia's Racketeering Influenced and Corrupt Organizations Act (Rico). | |
The former president has pleaded not guilty. | |
When's the trial? | When's the trial? |
A date has not been set. The timeline has been complicated by an effort by Trump and his allies to disqualify Ms Willis because of her romantic relationship with a man she hired to work on the case. | |
An appeals court has tentatively set a date of 4 October to hear oral arguments in the bid to have Ms Willis removed. | |
Could Trump go to prison? | |
The racketeering charge carries a maximum 20-year jail sentence. | The racketeering charge carries a maximum 20-year jail sentence. |
Georgia prosecutors would need to prove that there was a pattern of corruption from Trump and his co-defendants aimed at overturning the election result in order to bring a conviction. | |
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. |
What's it about? | What's it about? |
Whether Trump mishandled classified documents by taking them from the White House to his Mar-a-Lago residence after he left office. | |
It's also about whether he obstructed the FBI's efforts to retrieve the files, as well as the criminal investigation into his handling of them. | It's also about whether he obstructed the FBI's efforts to retrieve the files, as well as the criminal investigation into his handling of them. |
The majority of the counts are for the wilful retention of national defence information, which falls under the Espionage Act. | 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. Trump has pleaded not guilty on all counts. | |
When's the trial? | When's the trial? |
The judge overseeing the case has cancelled the trial date - originally set for 20 May - and has not immediately rescheduled. | The judge overseeing the case has cancelled the trial date - originally set for 20 May - and has not immediately rescheduled. |
She cited the several pre-trial motions still pending as the reason for the delay, calling it "imprudent" to begin without settling the various legal matters. | She cited the several pre-trial motions still pending as the reason for the delay, calling it "imprudent" to begin without settling the various legal matters. |
Trump and his lawyers want it put off until after the November presidential election, meaning the judge's delay works to their advantage. | |
Could Trump go to prison? | |
These charges could, in theory, lead to substantial prison time if Trump is convicted. | |
Looking at the letter of the law, the counts under the Espionage Act 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. | Looking at the letter of the law, the counts under the Espionage Act 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. |
But the logistics of jailing a former president mean a conventional prison sentence is seen as unlikely by many experts. | But the logistics of jailing a former president mean a conventional prison sentence is seen as unlikely by many experts. |
If you're in the UK, sign up here. | If you're in the UK, sign up here. |
And if you're anywhere else, sign up here., external | And if you're anywhere else, sign up here., external |
Related Topics | Related Topics |
Indictments of Donald Trump | Indictments of Donald Trump |
Donald Trump | Donald Trump |
United States | United States |