As of December 2023, Donald Trump has been personally charged with 91 criminal offenses in four criminal cases. This total reflects charges related to Trump’s attempts to overturn the results of the 2020 election, election interference in Georgia, falsifying business records in New York, and mishandling classified records after leaving the presidency. Donald Trump is the first former president in U.S. history to be criminally indicted.

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On March 30, 2023, a Manhattan grand jury approved a thirty-four count felony indictment against Trump for falsifying business records in the first degree in connection with his hush money payments to Stormy Daniels, made through Trump’s attorney Michael Cohen and reported as legal expenses. The trial date is set for March 25, 2024.

On June 9, 2023, Special Counsel Jack Smith charged Trump with thirty-seven felonies related to his handling and refusal to return hundreds of documents containing classified information. He also charged Trump’s personal aide Walt Nauta with several felonies for his alleged role in handling the documents. On July 27, 2023, a grand jury issued a superseding indictment alleging additional charges against Trump, Nauta, and Carlos De Oliveira, the head of maintenance at Mar-a-Lago, alleging they conspired to delete security footage. The trial is set for May 20, 2024.

On August 1, 2023, Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected Trump’s claim of absolute immunity, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling. Following the Supreme Court’s refusal of Smith’s request to immediately intervene, the D.C. Circuit heard oral argument on Trump’s immunity claim on January 9, 2024.  Although a decision has yet to be released, the panel appeared to be skeptical  of Trump’s broad immunity arguments.

On August 14, 2023, Fulton County District Attorney Fani Willis charged Trump and 18 others in a 41-count indictment after a two-year grand jury investigation into election fraud and related offenses in the state of Georgia during the 2020 election and after. The charges against Trump include solicitation of a violation of an oath by a public officer in response to Trump’s call with Georgia Secretary of State Brad Raffensperger, in which Trump pushed him to “find” votes and reverse his loss in the state. While Trump has pleaded not guilty, no trial date has been set and he is making similar immunity arguments here as well.

These charges against Trump are the sign of a healthy democracy and a victory for the rule of law. Holding public office is a deep and sacred responsibility that demands the highest standard of ethical conduct. In order to maintain the public’s trust, elected officials must follow the law; when elected officials break those laws, they must face consequences – just like anyone else. And when an elected official attempts to silence the voice of the people by overturning the results of an election, the bedrock of democratic government, the need for accountability is at its apex.

Although these legal actions may raise political tensions in an already-polarized landscape, the alternative – allowing elected officials to act with impunity and escape consequences for their conduct – is far more devastating. Indeed, choosing not to pursue accountability for fear of political criticism or consequences would itself be a deeply political act.

The table below reflects the current status of each of these indictments against Trump and his co-defendants, including the respective courts of jurisdiction, charges, whether or not gag orders have been imposed on Trump and expected trial dates.

wdt_ID Case Name Court of Jurisdiction Charges/Counts Relevant Conduct Gag order imposed? Status of co-defendants Expected trial date Indictment most relevant article topic
1 United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira United States District Court, Southern District of Florida Willful Retention of National Defense Information (18 U.S.C. § 793(e)); Conspiracy to Obstruct Justice (18 U.S.C. §1512(k)); Withholding a Document or Record (18 U.S.C. §§ 1512(b)(2)(A), 2); Corruptly Concealing a Document or Record (18 U.S.C. §§ 1512(c)(1), 2); Concealing a Document in a Federal Investigation (18 U.S.C. §§ 1519, 2); Scheme to Conceal (18 U.S.C. §§ 1001(a)(1), 2); False Statements and Representations (18 U.S.C. §§ 1001(a)(2), 2).
Illegally mishandling several classified records after leaving the presidency, taking them to and storing them at his personal estate at Mar-a-Lago. U.S. District Judge Aileen Cannon set specific parameters for how and when Trump can review the evidence, as well as barring him from publicly discussing sensitive material.
Walt Nauta, a valet to Trump, is a co-defendant charged in the scheme to conceal classified government documents from federal investigators. Carlos De Oliveira, a Mar-a-Lago property manager, is a co-defendant. According to the indictment, he told an employee at Mar-a-Lago that "the boss" wanted security video deleted after federal investigators requested the recordings from Trump's attorneys. He is also accused of making false statements to the government.
Ongoing. Trial date: May 20, 2024 Link https://www.justice.gov/storage/US-v-Trump-Nauta-De-Oliveira-23-80101.pdf Post-presidency
2 The People of the State of New York v. Donald J. Trump Supreme Court of the State of New York Falsifying Business Records in the First Degree (N.Y. Penal §175.10)
Falsifying business records by labeling hush-money payments to Stormy Daniels made through attorney Michael Cohen as legal expenses, when they were not. Cohen paid Daniels, and then Trump repaid Cohen, classifying the payment to Cohen as part of a retainer agreement, when in fact it was not. In May 2023, State Supreme Court Justice Juan Merchan imposed a "social media gag order" banning Trump from posting any evidence on social media. It also stops Trump from publicly discussing details about witnesses involved in the case or any other evidence prosecutors plan to use against him. Trump is allowed to view "limited evidentiary material" while in the presence of his lawyers, but the order explicitely forbids Trump, or anyone involved in the case, from copying, transcribing, or photographing the material. The order also bars any person with access to evidence in the case from disseminating or disclosing it without approval from the court. Trump does not have co-defendant(s) in this case, but a key witness in the case is Trump's former personal attorney Michael Cohen. Ongoing. Trial date set for March 25, 2024, but the judge set a hearing on February 15, 2024 to determine whether to keep the trial date or move it in light of Trump's other trials. Link NYT(6/13/23) Election
3 The State of Georgia v. Donald J. Trump, et al. Fulton County Superior Court Violation of GA RICO (O.C.G.A. §16-14-4(c); Solicitation of violation of oath by public officer (O.C.G.A. §16-4-7 and O.C.G.A. §16-10-1); Conspiracy to Commit False Statements and Writings (O.C.G.A. §16-4-8 and O.C.G.A. §16-10-20); Conspiracy to Commit Forgery in the First Degree (O.C.G.A. §16-4-8 and O.C.G.A. §16-9-1(b)); Conspiracy to Committ Filing False Documents (O.C.G.A. §16-4-8 and O.C.G.A. §16-10-20.1(b)(1)); Filing False Documents (O.C.G.A. §16-10-20.1(b)(1)); False Statements and Writings (O.C.G.A. §16-10-20)
Trump and 18 other individuals were indicted in a 41-count indictment in August 2023. The indictment alleges that Trump and 18 other individuals acted as part of a coordinated effort to pressure Georgia state officials to change the election outcome. The charges against Trump include soliciation of a violation of an oath by a public officer, citing Trump's infamous call with Georgia Secretary of State Brad Raffensperger in which Trump pushed him to "find" votes and reverse his loss in the state. Trump and his co-conspirators are accused of violating the state's RICO Act, bringing in election subversion efforts such as the efforts to copy election data in Coffee County and hearings designed to convince lawmakers to throw out certified results were also part of the criminal enterprise.
Superior Court Judge Scott McAfee has not yet issued a gag order in this case, but has ordered that parties in the case are barred from disclosing the names, addresses, telephone numbers or identifying employment information of the jury or any prospective jurors. The judge also barred videos, photographs, or any other images -- including drawings made "in a realistic or otherwise identifable manner" -- of those jurors. The order came on the heels of Trump supporters posting online the names and addresses of members of the grand jury that voted to return an indictment against the former president (the names of grand jury members is public under Georgia law). Former Trump attorneys Jenna Ellis, Sidney Powell, and Kenneth Chesebro, and bail bondsman Scott Hall have all entered guilty pleas, after agreeing to testify in any trials related to the case. Ongoing. Trump has pled not guilty but no trial date has been set.
Link Indictment Election interference
4 United States of America v. Donald J. Trump
District Court for the District of Columbia Conspiracy to Defraud the United States (18 USC §371); Conspiracy to Obstruct an Official Proceeding (18 USC §1512(k)); Obstruction of and Attempt to Obstruct an Official Proceeding (18 USC §1512(c)(2), 2); Conspiracy Against Rights (18 USC §241) The charges relate to Trump's attempts to overturn the results of the 2020 election, culminating in the deadly attack on the U.S. Capitol on January 6, 2021.
U.S. District Judge Tanya Chutkan imposed a narrow gag order on Trump, prohibiting him from making public statements attacking prosecutors, court staff, and potential witnesses. The order does not prohibit Trump from generally disparaging the Biden administration, the DOJ, and the trial venue, and is still able to argue that the case is politically motivated.
The indictment lists six "unnamed co-conspirators" but the names of these co-conspirators have not been disclosed to the public, despite the indictment alleging that these six individuals served crucial roles in the alleged conspiracy. The unnamed co-conspirators have not been criminally charged or officially named by prosecutors. Ongoing. Trial date: March 4, 2024
Link https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf Election interference
Case Name Court of Jurisdiction Charges/Counts Relevant Conduct Gag order imposed? Status of co-defendants Expected trial date Indictment most relevant article topic

Resources

Fulton County, Georgia’s Trump Investigation

Trump on Trial: A Model Prosecution Memo for Federal Election Interference

Trump on Trial: A Guide to the January 6 Hearings and the Question of Criminality

What Trump’s federal indictment for attacks on the 2020 election could look like

Donald Trump is likely to be indicted soon related to classified documents at Mar-a-Lago. Here’s what he may be charged with

Manhattan District Attorney Alvin Bragg is likely to indict Donald Trump very soon

Fani Willis is likely going to indict Trump soon. Here’s what that looks like

Model Prosecution Memo for Trump Classified Documents

 

United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira links: 

Judge restricts Trump’s access to classified info in documents case and limits what he can say

Trump co-defendant arraignment delayed in Florida classified documents case

 

The People of the State of New York v. Donald J. Trump links: 

Read the new gag order muzzling Trump in his hush-money case

Key players in the Trump hush-money case

A Major Trump Hearing

 

The State of Georgia v. Donald J. Trump, et al. links:

The 19 people accused of trying to overturn the 2020 election in Georgia to keep Trump in power

Trump Georgia election juror names to be kept secret until trial ends, judge rules

Why guilty pleas in Georgia 2020 election interference case pose significant risk to Donald Trump

 

United States of America v. Donald J. Trump links:

Judge reinstates gag order in Donald Trump’s federal election interference case

The latest Trump indictment lists 6 unnamed co-conspirators. Here’s what we know

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