The Legal Cases Against Trump Explained

Former President Donald Trump is running for the presidency again despite facing three indictments and being the subject of another criminal investigation. It's unprecedented for a former president to be facing criminal charges, let alone running for office.

As the investigation moves closer to possible charges and the ongoing trials approach, Trump has repeatedly stated that he will continue his campaign even if he is convicted.

One significant case involves Trump's handling of documents from his presidency. Special counsel Jack Smith has charged Trump and two of his employees with 37 felony counts, including illegally retaining national defense information, obstructing the government, and lying to the government.

The trial is scheduled for May 2024, but there could be further delays according to some legal observers.

This case dates back to Trump's exit from the White House in January 2021 when his belongings and presidential documents were sent to his residence at Mar-a-Lago in Florida. The indictment claims that Trump illegally retained 31 documents related to national defense information, arguing that he caused the boxes containing these documents to be moved without criminal intent.

The National Archives and Records Administration demanded the return of all presidential documents, but the law lacks an enforcement mechanism, leaving room for disagreement.

In 2012, a similar case involving former President Bill Clinton favored the president's assertion of what is considered personal records, setting a precedent that does not apply to Trump's current case in Florida.

In January 2022, Trump sent 15 boxes of materials to NARA, leading to a Department of Justice investigation. Some argue that Trump should have challenged the subpoena for being overly broad, but he allowed his lawyer to search some of the boxes, leading to obstruction charges.

On July 27, 2023, additional charges were added, claiming that Trump asked his property manager to delete security camera footage after the DOJ subpoenaed it. The indictment doesn't have direct evidence of this request, relying on the property manager's alleged claim.

The special counsel's addition of new charges and another defendant could potentially upset the judge overseeing the case, who was appointed by Trump. Previously, the special counsel requested a trial in December, raising questions about whether they were aware of further charges.

In a theoretical scenario, if Trump wins the election and issues a self-pardon, the entire case could become moot, though legal scholars question the validity of presidents pardoning themselves.

The special counsel, Jack Smith, was appointed in November 2022 to investigate Trump's document retention and his involvement in the January 6, 2021, Capitol protest and riot.

In another case related to the January 6 incident, the indictment accuses Trump of conspiracy to obstruct the collection and counting of electoral votes, conspiracy against Americans' right to vote, and obstruction of the electoral vote counting by Congress.

Trump claims he was informed in July 2023 that he was a target of a grand jury investigation concerning January 6.

The core issue of this investigation centers on Trump's claims of election fraud and how they contributed to the Capitol events. The indictment alleges that Trump knew his election result claims were false, as he was informed by state and federal officials, yet he continued to make them.

The indictment also focuses on Trump's repeated urging of Vice President Mike Pence to reject electoral votes from contested states.

While there were instances of illegalities during the election, including changes to election rules during the pandemic and some cases of fraud, none were successful in overturning the election results in any state.

In Georgia, Fulton County District Attorney Fani Willis began investigating Trump shortly after taking office in January 2021. The probe centers on a telephone call Trump had with Georgia's secretary of state, where he questioned the election results and urged an investigation.

Ms. Willis plans to bring charges by September 2023 and is also investigating the actions of alternative electors who convened at the state Capitol to cast their votes for Trump, despite the certified results favoring Biden.

The first criminal charges against Trump came from the Manhattan District Attorney in New York. The charges involve Trump's payments to Stormy Daniels and allegations of falsifying business records, potentially constituting a misdemeanor or a campaign law violation.

The trial for these charges is set for March 2024.