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A guide to Donald Trump's four criminal cases | A guide to Donald Trump's four criminal cases |
(about 20 hours later) | |
Republican Donald Trump is heading towards an election rematch with Democratic President Joe Biden in November. How might his criminal prosecutions affect his election campaign? | Republican Donald Trump is heading towards an election rematch with Democratic President Joe Biden in November. How might his criminal prosecutions affect his election campaign? |
The 78-year-old is the first former president in US history to be criminally convicted, having been found guilty of falsifying business records. | The 78-year-old is the first former president in US history to be criminally convicted, having been found guilty of falsifying business records. |
A few weeks later, the US Supreme Court ruled he had partially immunity in perhaps the most serious case he faces - that he tried to overturn the 2020 election result. | A few weeks later, the US Supreme Court ruled he had partially immunity in perhaps the most serious case he faces - that he tried to overturn the 2020 election result. |
So what might happen next in his four criminal cases and what's at stake as he seeks to return to the White House? | So what might happen next in his four criminal cases and what's at stake as he seeks to return to the White House? |
What's it about? | What's it about? |
Whether Trump illegally conspired to overturn his 2020 election defeat to Joe Biden. | 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. | 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 doesn't look like it will happen any time soon. | It doesn't look like it will happen any time soon. |
Trump launched an appeal in this case, claiming he had broad immunity from prosecution as president, due to a 1982 precedent that recognised immunity in civil cases. | Trump launched an appeal in this case, claiming he had broad immunity from prosecution as president, due to a 1982 precedent that recognised immunity in civil cases. |
Lower courts rejected Trump's claim but the Supreme Court has now ruled that Trump has limited immunity for official acts he carried out as president. | Lower courts rejected Trump's claim but the Supreme Court has now ruled that Trump has limited immunity for official acts he carried out as president. |
A lower district court will now decide which of the charges Trump faces in this federal indictment can and cannot be deemed official. | A lower district court will now decide which of the charges Trump faces in this federal indictment can and cannot be deemed official. |
There is a strong chance some of the charges may not survive. | There is a strong chance some of the charges may not survive. |
If Trump wins re-election, he could in theory pardon himself or order all these charges to be dismissed. | If Trump wins re-election, he could in theory pardon himself or order all these charges to be dismissed. |
Could Trump go to prison? | 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. | 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? |
A payment made to the adult-film actress Stormy Daniels shortly before the 2016 election. | 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. | 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. | 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 as legal fees in Trump's accounts. | Instead, this case was more technical and centred on how Trump's former lawyer, who paid Ms Daniels, had his reimbursement recorded as legal fees in Trump's accounts. |
What happened at trial? | What happened at trial? |
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. | 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. | 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 finding the former president guilty of all 34 counts of fraud under campaign finance laws. | The jurors deliberated over two days before finding the former president guilty of all 34 counts of fraud under campaign finance laws. |
Trump has said the case is politically motivated. | |
His lawyers are requesting the conviction be overturned, citing the Supreme Court immunity ruling, according to a letter seen by US media including the BBC's partner network, CBS News. | |
Could Trump go to prison? | 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 later this month. | Each of the charges carries a maximum of four years in prison, although a judge could sentence Trump to probation later this month. |
Legal experts told the BBC they think it is unlikely Trump will be jailed and that a fine is the more likely outcome. | Legal experts told the BBC they think it is unlikely Trump will be jailed and that a fine is the more likely outcome. |
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 Trump's conviction means for election | What Trump's conviction means for election |
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. | 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". | 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). | 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. | 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. | 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. | 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? | 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. | 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. | 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. | 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. | 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? | Could Trump go to prison? |
These charges could, in theory, lead to substantial prison time if Trump is convicted. | 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 |