Donald Trump has been indicted for a third time. Here's what we know about the charges against him
Donald Trump has faced official charges for purportedly trying to invalidate the 2020 presidential election, which reached its climax during the January 6 uprising.
The current president, who holds the 45th position, is facing accusations of engaging in a conspiracy to deceive the United States, impeding a formal process, and conspiring against the rights of voters.
He is alleged to have worked with six accomplices to generate a strong sense of doubt and resentment across the country, aiming to undermine the election outcome. Throughout this endeavor, they supposedly engaged in three unlawful plots.
This week, Mr Trump has a court appearance where he will confront the allegations lodged against him.
This marks the third accusation faced by the ex-president this year, and with multiple ongoing inquiries piling up, it has the potential to significantly hamper his bid for the 2024 election.
Here's the information we have gathered up to this point.
What Is An Indictment, Again?
In American courtrooms, an indictment refers to a written document that presents unproven accusations awaiting examination during a trial.
When a prosecutor issues an indictment, they are taking a preliminary action towards pressing charges.
A panel of citizens, randomly chosen, is then provided with evidence collected by prosecutors, which includes testimonies from witnesses.
Following the presentation of evidence, the panel of jurors proceeds to make a decision based on their assessment of whether there is sufficient proof to substantiate the accusations.
American Special Counsel Jack Smith is also supervising another legal charge against the 45th commander-in-chief regarding his purported mishandling of confidential papers. (Reuters: Kevin Wurm)
If most of the jurors are convinced, the accused will be charged. Afterward, they are typically summoned to appear in court, where they will be officially informed of the allegations against them.
Mr Trump has faced two indictments in the past.
He made his initial appearance in court in April, regarding an alleged plan to keep information secret, and once more in June regarding his involvement in the alleged improper handling of confidential papers at his Mar-a-Lago home.
Donald Trump's Indictment: Accusations And Actions
Mr. Trump is alleged to have employed "widespread and disruptive falsehoods" in an attempt to persuade the populace that the election was tampered with.
The indictment argues that the statements made by the defendant were untrue, and the defendant was well aware of their falsehood. Nonetheless, Mr. Trump proceeded to disseminate these claims with the intention of fostering a hostile national climate characterized by doubt and anger, and to undermine public confidence in the election administration.
Additionally, Mr. Trump is alleged to have made efforts to exert influence over the electoral college procedure, aiming to reverse the outcome of states that favored Joe Biden so that they would instead cast their votes for Donald Trump.
The concluding report issued by the select committee of the House of Representatives probing the January 6 uprising proposed legal action against the ex-president. (Associated Press Photo: Evan Vucci)
In accordance with that arrangement, presidents are officially inaugurated by bodies of electors in every state, who are designated to represent their states and record the voting preferences of the population.
In seven states, Mr. Trump is alleged to have "conspired to assemble illegitimate electors on the designated day… when authorized electors were meant to convene and cast their votes; cast deceitful votes in favor of Mr. Trump, and sign phony certificates claiming to be valid electors".
The charges in the indictment detail how Mr. Trump purportedly attempted to involve his former vice president, Mike Pence, in the scheme that could impact the final outcome.
Who Are The 'co-conspirators'?
Mr. Trump is alleged to have collaborated with six accomplices.
The charges do not mention their names explicitly, yet they mention that there were four individuals who worked as lawyers, one who served as a political advisor, and one who held a position within the Justice Department.
The individuals accused of participating in the scheme have yet to face any formal charges.
Donald Trump's Alleged Actions Towards Mike Pence
The charges provide a thorough account of how Mr. Trump persistently tried to persuade Mr. Pence to "dishonestly modify the election outcomes" during the event where the vote was officially certified on January 6th.
During a particular event, specifically on Christmas Day in 2020, it is mentioned that Mr. Pence reached out to Mr. Trump to extend his holiday wishes. However, Mr. Trump swiftly shifted the discussion towards January 6th and his appeal for the vice-president to dismiss electoral votes on that day.
According to reports, Mr. Pence allegedly replied, "I believe I lack the power to alter the result."
In a different discussion on the first day of the year, it was claimed that Mr. Trump intensely criticized Mr. Pence and remarked, "You possess excessive integrity."
Donald Trump faces allegations of exerting influence on his ex-vice president, Mike Pence, to validate the election outcomes in his own advantage.
In the upcoming days, Mr. Trump urged his followers to journey to Washington DC on January 6th, assuring them that he would be addressing a Save America gathering, and he anticipated a massive turnout!
According to the indictment, on January 6th at 11:15 in the morning, President Trump made a phone call to Vice President Pence during which he once again urged him to dishonestly refuse or send back President Biden's lawful electoral votes.
After Mr Pence declined, he opted to specifically mention the vice president during his forthcoming public statement.
Mr Trump expressed to the gathered masses that victory in the election would be ours if Mike Pence takes appropriate action.
He continued by stating:
"We battle fiercely. And if you don't battle fiercely, your country will cease to exist."
January 6 Insurrection: What Happened?
A portion of the indictment focuses on what it refers to as Mr. Trump's "taking advantage of the violence and turmoil at the Capitol."
The blog provides a chronology of occurrences commencing from 1pm, when Mr. Pence released a declaration clarifying that he lacked the power to decide which votes ought to be tallied.
In the meantime, Mr. Trump wrapped up his speech and made his way back to the dining area adjacent to the Oval Office, where he observed the unfolding events at the Capitol.
As chaos broke out, Mr Trump received numerous pleas to authorize a statement requesting the demonstrators to vacate the Capitol.
According to the official charges, this plea was initiated by "his highest-ranking advisors", which encompassed the legal counsel of the White House as well as an assistant counsel, along with his principal assistant and a deputy principal assistant.
At precisely 4:17pm, Mr Trump took to Twitter and uploaded a video message, politely urging the demonstrators to depart from the scene.
Trump's Reaction To The Indictment
He has utilized his social networking site, Truth Social, to characterize the accusations as "phony", the prosecutor as "insane", and the legal charges as an example of "misbehavior by prosecution".
The Trump campaign recently released a statement through his account, denouncing the indictment as simply another example of Mr Biden and the Department of Justice's ongoing feeble endeavor to meddle with the upcoming 2024 election.
Mr Pence, who is presently competing against Mr Trump for the Republican party's presidential nomination, has also offered his response.
According to his statement to American journalists, he expressed that the indictment served as a significant recall.
No individual who prioritizes their own interests above the constitution should ever hold the office of the President of the United States.
On Thursday, Mr. Trump will have to appear in a court located in Washington DC. The timing of the court appearance will be in accordance with the local time, which will be on Friday for those in the Australian Eastern Standard Time (AEST) zone.
He might be requested to give a response, but the arraignment procedure is typically short. It is unlikely that any proof will be presented, and there won't be any summoning of witnesses.
During Mr. Trump's past encounters with the court, he was not obligated to have his photograph captured, and was released without the need to provide bail.
Tanya Chutkan, the judge assigned to the matter, will be responsible for overseeing the schedule of upcoming proceedings, which may include a potential trial.
However, she will need to maneuver through two additional legal proceedings linked to Mr. Trump's previous charges.
The legal case concerning secret payments made to adult film actress Stormy Daniels and other individuals will take place in New York in March.
After a span of two months, specifically in the month of May, he has been arranged to stand trial in Florida for his handling of confidential documents post his term in office.
Can Donald Trump Go To Jail?
If he is proven to be culpable, indeed.
Trump is currently confronted with four distinct accusations which include participating in a scheme to deceive the United States, conspiring to impede an official process, hindering or attempting to hinder an official process, and engaging in a conspiracy against individuals' rights.
Each offense carries potential imprisonment, including some cases that may lead to a maximum of two decades in jail. However, it is uncommon for the longest sentences to be imposed.
The US Constitution does not contain any provisions that prohibit Mr. Trump from potentially seeking the presidency in 2024, even in the event of his incarceration or involvement in a criminal trial.
