The question of whether former President Donald Trump will face criminal charges and potentially go to prison has been a topic of much debate since he left office in January 2021. Trump is currently facing multiple investigations and lawsuits related to his business practices and conduct surrounding the 2020 election and January 6th Capitol riots. While no charges have been filed against Trump yet, the investigations are ongoing and many legal experts believe there is a real possibility Trump could be indicted.
Investigations and Lawsuits Facing Trump
Trump is facing investigations on multiple fronts, any one of which could potentially lead to criminal charges:
New York Investigations
- New York Attorney General Letitia James is conducting a civil investigation into whether the Trump Organization committed financial fraud by misleading lenders and tax authorities about the value of his properties. Allegations include that Trump exaggerated the value of assets for favorable loan terms while lowballing values for tax purposes.
- The Manhattan District Attorney’s office has an ongoing criminal investigation into similar issues surrounding Trump’s business practices and finances. They have convened a special grand jury indicating the investigation has advanced.
Georgia Election Interference
- The Fulton County District Attorney is investigating Trump’s attempts to overturn the 2020 election results in Georgia, including his phone call pressuring Secretary of State Brad Raffensperger to “find” enough votes to reverse Trump’s loss in the state. Charges could include conspiracy to commit election fraud.
January 6th Investigations
- The House Select Committee is holding hearings laying out Trump’s role in the January 6th insurrection at the U.S. Capitol. Their findings could form the basis for criminal referrals to the Justice Department.
- Federal prosecutors have convened multiple grand juries investigating Jan. 6th and Trump associates’ involvement in efforts to overturn the election. Charges could include seditious conspiracy or obstruction.
In addition to investigations, Trump faces multiple civil lawsuits related to January 6th and his attempts to overturn the election filed by lawmakers and police officers injured during the Capitol attack.
The Charges Trump Could Face
Based on reporting and legal analysis, these are among potential criminal charges Trump could face:
- Fraud – Related to allegations of inflating or deflating asset values, misleading lenders or tax authorities.
- Falsification of business records – Filing false financial statements or loan applications.
- Conspiracy to commit election fraud – Efforts to pressure state officials to overturn 2020 results.
- Seditious conspiracy – Conspiring to overthrow the lawful government through force or violence.
- Obstruction of justice – Blocking the electoral vote count, withholding documents from investigators.
Will Prosecutors Indict a Former President?
No former U.S. president has ever been charged with criminal conduct, so prosecuting Trump would be an unprecedented move. Some key factors prosecutors will weigh:
- The alleged conduct would need to be sufficiently criminal and supported by strong evidence. Prosecutors know the case will face severe public scrutiny.
- Charging a former president could be seen as politically motivated, sparking backlash. Prosecutors want to avoid appearing overtly partisan.
- An indictment further polarizing the country could be seen as too destabilizing. But failure to charge could undermine rule of law.
- Trump remains immensely popular with his political base, who would perceive charges as persecution. Mass public reaction is an X-factor.
Potential Outcomes if Trump is Charged
If Trump is ultimately indicted, several scenarios could play out:
- Trump could negotiate a plea deal to avoid trial, but he has signaled he won’t settle. He could also receive a presidential pardon.
- He could go to trial, which would be a massive public spectacle on par with impeachment trials. Trump could try to turn it into a media circus.
- If convicted, Trump would likely appeal up to the Supreme Court which now has a conservative majority he helped cement. Lower courts could be reluctant to imprison an ex-president.
- A conviction would bar Trump from holding future federal office – a major blow as he hints at another presidential run in 2024.
- Trump would not be required to resign the presidency if charged while in office. But the stigma could torpedo his political viability.
Crimes Potentially Committed by Trump
| Crime | Description | Potential Evidence |
|---|---|---|
| Fraud | Misleading lenders or tax authorities by inflating or deflating asset values | Trump Organization financial statements, tax records, property valuations |
| Falsification of business records | Filing false financial statements or loan applications | Signed documents, emails, accounting records |
| Election fraud conspiracy | Pressuring Georgia officials to “find votes”, change results | Recorded call to GA Secretary of State, testimony |
| Seditious conspiracy | Conspiring to overthrow lawful government through force or violence | Communications with extremist groups, testimony on Capitol attack planning |
| Obstruction of justice | Blocking electoral vote count, withholding documents | White House records, testimony |
Conclusion
The investigations into Trump’s conduct are still ongoing, but prosecutors appear to be taking an aggressive stance, suggesting charges are plausible. An indictment of Trump would be highly divisive but demonstrate that the justice system applies equally to all including presidents. If Trump avoids charges, it will likely be due to concerns over further inflaming political tensions and prosecutors’ high burden of proof, rather than merits of the allegations. The legal saga surrounding Trump appears far from over and could have ramifications, either way, for Trump’s political future and the rule of law.