Trump faces prosecution as part of investigation into Capitol break-in

The American judiciary is making rapid progress in its investigation into the attack on the US Capitol in Washington and attempts to overturn the results of the 2020 presidential elections, potentially exposing former President Donald Trump to multiple criminal charges.

On Tuesday, Trump himself announced that he had received a message from federal prosecutor Jack Smith informing him that he is personally targeted in the investigation into the Capitol attack on January 6, 2021, indicating the possibility of charges being brought against him in this case as well.

Previously, the justice system has filed two charges against the politician and billionaire, who currently tops the list of Republican candidates for the 2024 White House race. The first charge relates to his handling of classified documents taken from the White House at the end of his term, and the second charge concerns suspicious payments to a former adult film actress, of which he was acquitted in both cases.

Jack Smith declined to comment on the matter, but US media outlets reported that the federal prosecutor had informed Trump that he is at risk of facing three federal charges related to the investigation into the elections, which he lost to President Joe Biden. The charges include conspiring against the United States, obstructing an official process, and deprivation of rights.

Here is an overview of the three charges:

Conspiring Against the United States:
Trump is facing charges of conspiracy, applicable when "two or more persons conspire to commit any offense against the United States, or to defraud the United States." This is a crime punishable by imprisonment for up to five years.

 

This broad description, as explained by former federal prosecutor Daniel Richman, currently a professor at Columbia University in New York, could apply to a number of Trump's actions both before and after the November 2020 elections.

Particularly, Richman mentioned Trump's "fraudulent effort to deceive Congress and delay or prevent the certification of (election) results."

This charge may also be applied to other efforts made by the billionaire in certain states to tamper with the elections in his favor and secure enough Electoral College votes to remain in power.

This week, the state of Michigan charged 16 people with conspiracy, fraud, and deception for attempting to impersonate "Electoral College" members as part of a scheme devised by two close Trump allies, Rudy Giuliani and John Eastman, both of whom may also face prosecution.

This charge applies to fraudulent attempts to obstruct or influence an official process, particularly in this case, the certification of election results in Congress.
Richman explained that Trump "could face several obstruction charges."

This charge, in his opinion, could be applied to Trump's call to his supporters, encouraging them to "fight like hell" shortly before they headed to the Capitol, even though he himself did not go there that day.

Obstruction charges carry a sentence of up to three years in prison.

This crime dates back to the end of the American Civil War when it was used to prosecute attempts to prevent African Americans from exercising their civil rights.

 

This charge allows for the prosecution of anyone trying to deprive a citizen of their rights granted under the Constitution or federal laws, particularly the right to vote and the right to have their vote counted.

This charge has recently been used to prosecute individuals accused of election fraud.

Richman said, "The importance of this charge, unlike the other two charges, is that it sheds light on the fact that the victims are not just members of the government," but ordinary Americans who may be deprived of their voices.

This crime carries a sentence of up to ten years in prison.



AFP