What are the charges against former U.S. President Donald Trump?

Former U.S. President Donald Trump’s police booking mugshot released by the Fulton County Sheriff’s Office in Atlanta, Georgia.
| Photo Credit: Fulton County Sheriff’s Office via Reuters

The story so far: Donald Trump on August 24 became the first President, either sitting or former, to have his mugshot taken at a jail in the country, on racketeering and conspiracy charges for trying to overturn the 2020 election results in Georgia.

According to official records, he was booked on 13 charges at the Fulton County Jail in Atlanta and released on a $200,000 bond. This was the fourth criminal case against Mr. Trump since he became the first former U.S. President to be indicted earlier this year.

The Hindu looks at charges against Mr. Trump so far.

New York

Mr. Trump was indicted by a Manhattan grand jury on charges related to payments made to hush claims of an extramarital sexual encounter, prosecutors and defence lawyers said on March 31, 2023.

Mr. Trump was allegedly involved with adult actor Stormy Daniels in 2006. During the 2016 presidential campaign , Mr. Trump’s lawyer Michael Cohen arranged a $130,000 payment to Ms. Daniels to stop her from disclosing any information. He also arranged for the publisher of the tabloid National Enquirer o pay Playboy model Karen McDougal $1,50,000 to suppress her story of Mr. Trump’s affair.

Mr. Cohen officially surrendered to the Federal Bureau of Investigation (FBI) in August 2018 and was sentenced to three years in prison for the hush money to Ms. Daniels, characterised as “excessive campaign contribution”. He spent most of his sentence in home confinement.

Mr. Trump pled not guilty to 34 felony counts of falsifying business records.

Florida

In the State of Florida, Mr. Trump has been charged with mishandling classified documents at his Mar-a-Lago estate. He was also accused of obstructing government efforts to recover the records. Mr. Trump held on to classified documents that contained information on national defence when he left the White House in January 2021.

Out of the 37 charges against him, 31 relate to violations under the U.S. Espionage Act. This Act was enacted by the Congress in 1917, just months after the U.S entered World War I. Some of the charges levied against Mr. Trump under this Act carry a potential sentence of 20 years in prison.

Mr. Trump pled not guilty to 37 federal criminal charges relating to possession of classified documents. Later, three more charges were added by the prosecutors, bringing the total count to 40.

Washington

Mr. Trump was charged on four counts in the State of Washington for his alleged efforts to overturn his 2020 presidential election defeat. This was the third criminal case against Mr. Trump, after those in New York and Florida.

The former President appeared in a federal courthouse in Washington D.C. on August 3 before Indian American Magistrate Judge Moxila Upadhyaya. The indictment was filed by Special Counsel Jack Smith who led an investigation into the allegations that Mr. Trump tried to overturn the election result.

Charges levied against Mr. Trump included conspiracy to defraud, witness tampering, conspiracy against the rights of citizens, and obstruction of and attempt to obstruct an official proceeding.

While the indictment does not directly accuse Mr. Trump of being responsible for the January 6, 2021 riots when a mob entered Capitol Hill, the obstruction charges indirectly relate to it.

Mr. Trump pled not guilty to four criminal charges alleging he tried to overturn the result of the 2020 presidential election, which he lost to current U.S. President Joe Biden.

U.S. District Court Judge Tanya Chutkan has approved March 4, 2024, as the trial date in Mr. Trump’s election subversion conspiracy case. It’s right before Super Tuesday, when more than a dozen States will vote in a primary to pick the Republican presidential candidate for 2024. Despite his legal troubles, Mr. Trump appears to be among the favourites to secure the nomination.

Georgia

Mr. Trump and 18 of his allies were indicted in Georgia on August 14 with charges related to scheming to overturn his 2020 election loss in the State. He was booked on 13 charges in Atlanta’s Fulton County jail on August 24 and had his mugshot taken.

Other defendants in the case include former New York Mayor Rudy Giuliani and former White House chief of staff Mark Meadows. Mr. Giuliani surrendered on August 23 and had his mugshot taken, while Mr. Meadows surrendered on August 24.

The indictment against Mr. Trump and allies also mentions an alleged scheme to tamper with voting machines in one county of Georgia to steal data.

The defendants will be arraigned next week, on September 6.

Do the charges disrupt Mr. Trump’s presidential plans?

Apparently not.

The Trump campaign reportedly raised more than $7 million since he was booked at a jail in Georgia and his mugshot was released.

According to survey research company Morning Consult, Mr. Trump is the leading candidate among Republicans aspiring to be the party’s face in the presidential polls scheduled to be held in late 2024. Despite not attending the first Republican presidential primary debate held on August 23, Mr. Trump has retained the top rating among the party’s candidates. Morning Consult’s survey reveals Mr. Trump polled 58% as of August 29, while his closest contender Ron DeSantis polled only 14%. The survey also reveals that Mr. Trump’s popularity has consistently grown since December 2022, but the same cannot be said about other Republican presidential hopefuls.

(With inputs from news agencies)

  • Donald Trump on August 24 became the first President, either sitting or former, to have his mugshot taken at a jail in the country, on racketeering and conspiracy charges for trying to overturn the 2020 election results in Georgia. According to official records, he was booked on 13 charges at the Fulton County Jail in Atlanta and released on a $200,000 bond.
  • Mr. Trump was indicted by a Manhattan grand jury on charges related to payments made to hush claims of an extramarital sexual encounter, prosecutors and defence lawyers said on March 31, 2023.
  • In the State of Florida, Mr. Trump has been charged with mishandling classified documents at his Mar-a-Lago estate. He was also accused of obstructing government efforts to recover the records. Mr. Trump held on to classified documents that contained information on national defence when he left the White House in January 2021.

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Georgia election indictment highlights wider attempts to illegally access voting equipment

A day after the January 6, 2021, attack on the U.S. Capitol, as the country was still reeling from the violent attempt to halt the transfer of presidential power, a local Republican Party official greeted a group of computer experts outside the election office in a rural county in south Georgia, where they were given access to voting equipment.

Their intent was to copy software and data from the election systems in an attempt to prove claims by President Donald Trump and his allies that voting machines had been rigged to flip the 2020 election to his challenger, Democrat Joe Biden, according to a wide-ranging indictment issued late on Monday.

Several of those involved are among the 19 people, including the former president, charged with multiple counts in what Georgia prosecutors describe as a “conspiracy to unlawfully change the outcome of the election in favor of Trump.”

The charges related to the breach of election equipment in Coffee County highlight that the pressure campaign by the former president and his allies didn’t stop with state officials and lawmakers, but extended all the way down to local government. Relying on Georgia’s racketeering law, the type of prosecution more typically associated with mobsters, the indictment alleges the events in Coffee County were part of a wider effort by Trump associates to illegally access voting equipment in multiple states.

“The one thing that Coffee County shows, and these other counties as well, is that the effort behind Jan. 6 didn’t stop on Jan. 6,” said Lawrence Norden, an election security expert with the Brennan Center for Justice at NYU’s School of Law. “The ongoing effort to undermine and sabotage elections has continued.”

The security breach inside the election office in Coffee County, about 200 miles southeast of Atlanta, is among the first known attempts by Trump allies to access voting systems as they sought evidence to back up their unsubstantiated claims that such equipment had manipulated the presidential vote. It was followed a short time later by breaches in three Michigan counties involving some of the same people and again in a western Colorado county that Trump won handily.

While the county-level equipment breaches have raised alarms about election data falling into the wrong hands and prompted two other prosecutions, they were absent from the recent federal indictment of Trump alleging interference in the 2020 election. The Georgia case is the first to argue that the breaches were part of a conspiracy by Trump and his allies to overturn the results.

Four people face six counts related to the breach in Coffee County, including conspiracy to commit election fraud, conspiracy to commit computer theft and conspiracy to defraud the state. They are lawyer and Trump ally Sidney Powell, former Coffee County elections director Misty Hampton, former Coffee County GOP Chair Cathy Latham, who also served as a false elector for Trump, and Scott Graham Hall, an Atlanta-area bail bondsman who prosecutors say is associated with longtime Trump adviser David Bossie.

A lawyer for Powell declined comment, while messages seeking responses from the others were not immediately returned.

Although Trump continues to promote his claims about the election, multiple reviews, audits and recounts in the battleground states where he disputes his loss — including in Georgia, which counted the presidential ballots three times — have confirmed Biden’s win. Trump’s claims also were rejected by dozens of judges, including several he appointed. His attorney general and an exhaustive review by The Associated Press found no evidence of widespread fraud that could have changed the results.

After the 2020 election, Trump and Powell pushed various conspiracy theories about voting machines, specifically related to the Dominion Voting Systems equipment used in Georgia. Dominion earlier this year reached a $787 million settlement with Fox News over false claims aired on the network, including by Powell.

Court documents in Georgia show Powell hired a forensic data firm on Dec. 6, 2020, to collect and analyze Dominion equipment in Michigan and elsewhere, and prosecutors allege the breach of election equipment in Coffee County was “subsequently performed under this agreement.”

On Jan. 7, 2021, Hall and employees of the data firm traveled to the election office to copy software and data from voting equipment and were greeted outside by GOP official Latham and then taken on a tour of the office by elections director Hampton, according to the indictment and video surveillance obtained in an unrelated case about Georgia’s electronic voting machines.

Later videos showed Hampton opening the office on Jan. 18, when it was otherwise closed for the Martin Luther King Jr. holiday. She allowed in Douglas Logan and Jeff Lenberg, both of whom have been active nationally in efforts to challenge the 2020 election and were part of the effort to examine voting machines in Michigan.

Neither Logan or Lenberg were charged in Monday’s indictment.

Logan’s company, Cyber Ninjas, a Florida-based firm with little election experience, was later hired by GOP lawmakers in Arizona to conduct a review of the 2020 election in Maricopa County. It ultimately confirmed Biden’s win but claimed to find various irregularities — claims that election experts said were inaccurate, misleading or based on a flawed understanding of the data.

In Coffee County, the men worked late into the evening, returning the following day. Lenberg also was seen at the office on at least three more days later that month, according to information collected in the separate voting machine lawsuit. Hampton resigned soon after their visits amid allegations of fraudulent timesheets.

This week’s indictment also mentions a Dec. 18, 2020, session in the Oval Office, where Trump allies including Powell and Michael Flynn, the former national security adviser, proposed ordering the military to seize voting machines and appoint a special prosecutor to investigate allegations of voter fraud in Georgia and other battleground states Trump lost.

In Michigan, authorities have charged three people in connection with breaches in three counties, including former Republican state attorney general candidate Matthew DePerno, who along with the others has pleaded not guilty.

So far, the special counsel assigned to the case has not charged any of the employees who handed over the voting equipment nor has he charged those who were asked to analyze them. In a statement, the special counsel said they had been deceived.

With Monday’s indictment, Hampton becomes the second top county election official to be charged in connection with a security breach in their office. The first was Tina Peters, the former clerk in Mesa County, Colorado, who has emerged as a prominent figure among those who say voting machines are rigged. Both are no longer working in elections.

Prosecutors allege Peters and her deputy were part of a “deceptive scheme” to provide unauthorized access to the county’s voting systems during a May 2021 breach that eventually resulted in a copy of the voting system hard drive being posted online.

Weeks afterward, Peters appeared at an event hosted by Trump ally Mike Lindell, the MyPillow CEO who has been seeking to prove the 2020 election was stolen and has called for a ban on voting machines.

Peters has denied wrongdoing and faces trial later this year, Her deputy pleaded guilty to lesser charges as part of an agreement with prosecutors.

Experts have described the unauthorized Colorado release as serious, saying it could provide a “practice environment” that would allow anyone to probe for vulnerabilities that could be exploited during a future election. Experts also worry it could be used to spread misinformation about voting equipment.

Colorado’s chief election official, Democratic Secretary of State Jena Griswold, said accountability is crucial to deterring any future attempts to illegally access voting systems.

“We cannot allow election officials to destroy elections from within,” she said.

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