Indictment of Donald J. Trump
Introduction
Donald J. Trump, as the forty-fifth President, lost the 2020 election but aimed to retain power by spreading false claims of election fraud.
Criminal Conspiracies
Trump allegedly pursued unlawful means to discount legitimate votes, leading to three criminal conspiracies:
Conspiracy to defraud the U.S. via dishonesty to obstruct the presidential election results' certification process, violating 18 U.S.C. § 371.
Conspiracy to obstruct the January 6 congressional certification, violating 18 U.S.C. § 1512(k).
Conspiracy against the right to vote, violating 18 U.S.C. § 241.
Count One: Conspiracy to Defraud the United States (18 U.S.C. § 371)
From November 14, 2020, to January 20, 2021, Trump conspired with others to defraud the U.S. by impairing the lawful federal government function of collecting, counting, and certifying presidential election results.
The purpose was to overturn the 2020 election results using false election fraud claims to obstruct the federal government function.
Trump enlisted co-conspirators, including attorneys and a Justice Department official, to assist in these efforts.
The federal government function, as defined by the Constitution and the Electoral Count Act (ECA), involves each state ascertaining electors based on the popular vote, who then cast electoral votes. Congress meets in a Joint Session on January 6 to count these votes.
Manner and Means of the Conspiracy
Included using false claims to influence state legislators and election officials, organizing fraudulent slates of electors in targeted states, attempting to use the Justice Department to conduct sham investigations, and attempting to enlist the Vice President to fraudulently alter election results.
The Defendant's Knowledge of the Falsity of His Election Fraud Claims
Trump was notified repeatedly that his claims were untrue by advisors, Justice Department leaders, and intelligence officials, but he disregarded the truth.
Criminal Agreement and Acts to Effect the Object of the Conspiracy
Trump used deceit to get state officials to subvert election results in states like Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. He and his co-conspirators organized fraudulent slates of electors and transmitted false certificates to Congress.
Trump attempted to leverage the Justice Department to send letters to targeted states falsely claiming significant election concerns.
Attempts to Enlist the Vice President
Trump tried to enlist the Vice President to fraudulently alter the election results at the January 6 certification proceeding. He pressured the Vice President to accept fraudulent electors, reject legitimate votes, or send votes to state legislatures for review.
He exploited violence and chaos at the Capitol on January 6 to further delay the certification.
Count Two: Conspiracy to Obstruct an Official Proceeding (18 U.S.C. § 1512(k))
Trump conspired with others to corruptly obstruct and impede the certification of the electoral vote from November 14, 2020, through January 7, 2021.
Count Three: Obstruction of, and Attempt to Obstruct, an Official Proceeding (18 U.S.C. §§ 1512(c)(2), 2)
Trump attempted to, and did, corruptly obstruct and impede the official proceeding of certifying the electoral vote from November 14, 2020, through January 7, 2021.
Count Four: Conspiracy Against Rights (18 U.S.C. § 241)
Trump conspired with others to injure, oppress, threaten, and intimidate individuals in the free exercise of their right to vote from November 14, 2020, through January 20, 2021.