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| A guide to Donald Trump's four criminal cases | A guide to Donald Trump's four criminal cases |
| (about 2 hours later) | |
| Republican Donald Trump is facing off against Democratic presidential candidate and current Vice-President Kamala Harris in November's election. How might his criminal prosecutions affect his 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 partial 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 partial immunity in perhaps the most serious case he faces - that he tried to overturn the 2020 election result. |
| And it was not long before the former president scored a further legal win, when a Florida judge dismissed a case related to his handling of classified documents. | And it was not long before the former president scored a further legal win, when a Florida judge dismissed a case related to his handling of classified documents. |
| So what might happen next in his four criminal cases and what is at stake as he seeks to return to the White House? | So what might happen next in his four criminal cases and what is 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. |
| US prosecutors in August issued revised charges in an attempt to navigate a ruling from the Supreme Court that had thrown the case into doubt. | |
| That Supreme Court ruling had said that presidents have broad immunity from criminal prosecution for official acts they undertake. | |
| The revised indictment leaves in place the four criminal counts, but these now relate to the former president's status as a political candidate rather than a sitting president. | |
| It argues Trump acted as a private citizen and not as a president when he undertook the alleged scheme to sway the election. | |
| Trump has denied wrongdoing and claimed the Biden administration is behind the prosecution. He previously pled not guilty to all charges. | |
| 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 ruled that Trump had limited immunity for official acts he carried out as president. | |
| But the revised indictment shows that Department of Justice (DoJ) Special Counsel Jack Smith interprets the Supreme Court ruling to mean his case can still move forward. | |
| Mr Smith's office said the superseding indictment had been presented to a new grand jury that had not previously heard evidence in the case. | |
| But whether it would satisfy the Supreme Court's presidential immunity framework remains unclear. | |
| 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. | 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. | 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. |
| The case against Trump is 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 case against Trump is 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 case was dismissed by a Florida judge on 15 July, marking a significant legal victory for Trump just days after he survived an assassination attempt in Pennsylvania. | The case was dismissed by a Florida judge on 15 July, marking a significant legal victory for Trump just days after he survived an assassination attempt in Pennsylvania. |
| Judge Aileen Cannon, a Trump appointee, made the dismissal on the basis that the Justice Department's appointment of special prosecutor Jack Smith violated the US Constitution. | Judge Aileen Cannon, a Trump appointee, made the dismissal on the basis that the Justice Department's appointment of special prosecutor Jack Smith violated the US Constitution. |
| But Mr Smith appealed the decision, which came after Judge Cannon cancelled the 20 May trial date without giving a new one. | |
| Mr Smith argued the judge's view "deviated" from legal precedent. | |
| Trump and his lawyers have long tried to put the case off until after the November presidential election. | Trump and his lawyers have long tried to put the case off until after the November presidential election. |
| The case now faces an uncertain future after the Supreme Court's immunity decision. | |
| Could Trump go to prison? | Could Trump go to prison? |
| If the case is restarted, these charges could, in theory, lead to substantial prison time if Trump is convicted. | If the case is restarted, 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 |