Tue, 21, May, 2024, 4:19 pm

What charges might Trump face if indicted in January 6 investigation?

What charges might Trump face if indicted in January 6 investigation?

Shawdesh Desk:

A new criminal indictment could be coming for Donald Trump.

On Tuesday, the former US president said he expected to be arrested in connection with the federal investigation into the US Capitol riot of 6 January 2021 and efforts to undermine the 2020 presidential election.

Mr Trump said he had received a letter indicating he was a target of that investigation – a signal that an indictment may be imminent.

 

But it is so far unclear what any specific charges might be.

Special counsel Jack Smith’s investigation has involved interviews with dozens of top Trump aides, as well as state officials who have said that Mr Trump pressured them to discard the election results.

Mr Smith’s inquiry follows a 16-month investigation by the US House of Representatives January 6 committee, which recommended four separate charges for Mr Trump and his associates in its final report in December 2022.

While these referrals do not carry legal weight, the justice department may have considered the House panel’s proposals as part of its own inquiry.

Here’s a look back at the committee’s recommended charges, and what they mean:

Insurrection

 

This crime relates to inciting, assisting, or engaging “in any rebellion or insurrection against the authority of the United States”. The committee argued that Mr Trump encouraged his supporters to come to Washington and cause havoc, and as the riot was going on, failed to take appropriate action to end the disorder.

More than 1,000 people have been charged over their participation in the Capitol riots, almost half of whom pleaded guilty. But an actual insurrection charge, which is rare, has not been brought against any rioters to date.

Obstruction of an official proceeding

This statute makes it a crime to “corruptly” obstruct, influence, or impede any official proceeding, or to attempt to do so.

The committee recommended this charge because they believe Mr Trump repeatedly attempted to stop or undermine Congress’ certification of the election in the weeks leading up to the Capitol riot. They also say Mr Trump deliberately attempted to stop the process by instigating a mob to storm the US Capitol on the day of the ceremony itself.

Conspiracy to defraud the United States

This crime entails “two or more persons conspiring either to commit any offence against the United States, or to defraud the United States, or any agency thereof”.

The committee believed Mr Trump worked with others to impede the function of the US government and mislead the public about the results of the 2020 election.

Conspiracy to make a false statement

This statue makes it a crime for a government official to cover up a scheme, make materially false statements, or issue false statements or documents with the knowledge the information isn’t true.

The committee claimed Mr Trump and his backers’ planned to submit a slate of false electors in key swing states who would have handed him the presidency in defiance of election results.

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