Over the last year, details about Donald Trump’s indictments and trial updates have flooded the news cycle. And if you’ve lost track of where his cases stand, no one can blame you. It’s a lot. So here's every Trump indictment, explained.
Initially, the 2024 Republican presidential candidate faced 91 indictments across four cases. In late May, Trump was found guilty on all 34 charges in a New York case concerning hush money payments he made during his presidential campaign. Trump still has 54 outstanding charges across three cases. Two are federal cases and the other is based in Georgia. One federal case deals with Trump allegedly taking classified documents to Mar-a-Lago after he was no longer president, while the other focuses on his alleged interference in the certification of the 2020 election. The Georgia case takes another look at his plans to reverse 2020 election results. Trump pleaded not guilty in all four cases.
As you might expect, Trump denies all charges with his usual bombastic rhetoric. In one of many public statements, he called his indictment over confidential documents “ the most evil and heinous abuse of power,” and claimed the charges were politically motivated. One of Trump’s Truth Social posts, alluding to the case, read “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” After he was found guilty in the hush money case, Trump declared the trial “rigged,” claiming that President Biden and the Justice Department were in league with the prosecution.
It’s wild enough that a former president is apparently threatening federal prosecutors on social media, but the entire situation is truly unparalleled. These cases mark the first time a former American president has been indicted and criminally convicted. As Trump is the presumptive 2024 Republican nominee, these cases could force America to reckon with what it means for a president-elect to be found guilty of a felony offense. What kind of constitutional crises would open up if a criminal was in charge of the country that charged him?
What are the potential consequences for Trump?
Trump’s trials are playing out in an election year. Like his previous scandals, the indictments and verdict haven’t depleted support among his base. Trump handily defeated his opponents in the Republican primary, despite not even showing up to debates. A Reuters/Ipsos poll showed that only 10% of Republicans said they were less likely to vote for Trump after his conviction. A majority said the verdict has no effect on their vote, and 35% said they are more likely to vote for Trump.
Many Republican leaders also continue to back Trump, parroting his claims that the indictments and the verdict are politically motivated. House Rep. Jim Jordan (R-OH) called the classified documents case a “political operation,” adding that if Trump “wants to store material in a box in a bathroom…he can do that.” (He allegedly did). Texas Senator John Cornyn posted on X that the verdict was a “disgrace.” He urged people to “rally around” Trump, concluding ominously, “the real verdict will be Election Day.”
“There will be people who will be with [Trump] no matter what, do or die,” Catherine Christian, a partner with the law firm Liston Abramson and former prosecutor with the Manhattan District Attorney’s Office who has investigated corruption and fraud by election officials, told Teen Vogue. “And I think there are others who are…just waiting to see.”
Christian’s sentiment seems to be borne out by polling. In an August 2023 CBS poll, 55% of Independents thought that if Trump had tried to overturn the election, it would undermine democracy. Although it isn’t typically allowed, the gravity of these trials prompted debate about allowing cameras in Trump’s federal trial. Christian thinks it could make a difference
“You can actually hear witnesses say what happened. You can see them being cross examined,” she explained. “You can say is this someone I really want to vote for or someone I don't want to vote for? “
According to Christian,Trump’s potential sentences range from decades behind bars to probation, depending on the case. But could Trump really be a president and convicted felon at the same time? The U.S. Constitution has very limited criteria for who can run for president, with no mention of criminal status. This means Trump can still become president if he is charged, convicted or even imprisoned. If he won after being convicted, his sentence could be delayed so he could carry out his presidential duties. Were he to be convicted in either of his federal cases, Trump could also pardon himself, sparking a “constitutional crisis.”
1. The hush money payments investigation
The first of Trump’s indictments were New York State’s charges, announced in March 2023. The court documents allege that between 2015 and 2017 Trump conspired to hide information from the public to bolster his election opportunities and, in doing so, falsified state business records. The case focuses on three hush money payments.
Per the indictment, Trump met with American Media Inc.(AMI), the parent company of the National Inquirer, in 2015. They promised to be his campaign’s “eyes and ears,” paying a Trump Tower doorman $30,000 for the rights to a rumor Trump had a secret child from an extramarital affair. In a separate instance, AMI paid $150,000 to quiet Trump’s alleged mistress, model Karen McDougal. Weeks before the election, Trump’s lawyer Michael Cohen paid another suspected mistress, Stormy Daniels, $130,000 for her silence. He was later reimbursed by Trump.
The trial began in April 2024 and concluded in May when a jury found Trump guilty on 34 counts of falsifying business records. During the trial, Trump added to his legal troubles by repeatedly violating a gag order set by the judge to prevent him from talking publicly about the case. Violations included reposting a link to a New York Post article that called Cohen, Trump’s former lawyer and witness for the prosecution, a “serial perjurer”, as well as claiming the trial was rigged with a jury of mostly Democrats. Trump was fined a combined $10,000 with the judge warning that “jail may be a necessary punishment” if the fines aren’t enough of a deterrent.
Of the four, this case has the least severe consequences. The verdict likely won’t add up to much relative to his other cases. Christian notes that he could have minor jail time, but typically a first-time offender like Trump would be let off with probation.
Trump is scheduled to be sentenced on July 11. However, he has vowed to appeal the case. To do this successfully, he would have to argue that the judge on his case made significant errors. If a New York appeals court rejects his case, he could appeal to the Supreme Court by claiming his constitutional rights were violated in the hush money case. In short, despite the verdict, the case is probably far from over.
2. The classified documents investigation
Trump’s first federal indictment claims Trump took classified documents to Mar-a-Lago after his presidency ended. According to the charges, disclosure of these documents would have risked national security. Christian argues this case is relatively clear cut. Not only were the documents recovered in an FBI search of Mar-a-Lago, but there are also pictures showing boxes with classified information allegedly sitting unsecured in ballrooms, and, yes, bathrooms. When asked about his handling of these documents, Trump stated incorrectly that he could declassify documents just by “thinking about it.”
If found guilty, this case could have the most severe consequences for Trump. Thirty-two of his 40 charges are for wilfully retaining national secrets, each with a maximum penalty of 10 years in prison. It’s unlikely the 77-year-old will receive such a lengthy sentence, though. Unfortunately for prosecutor Jack Smith, the case was assigned to Judge Aileen Cannon, known for being favorable to Trump.
In May, Cannon delayed the trial indefinitely due to a number of unresolved pretrial issues.
3. The January 6th investigation
In his second federal indictment, Trump is charged in connection with attempting to overturn the 2020 election. Out of four counts, the main charge is conspiracy to defraud the United States. The indictment notes the illegal ways Trump allegedly tried to maintain power like attempting to send a slate of fake electors to falsely cast their state’s electoral college votes in his favor and conduct sham criminal investigations through the Justice Department.
The documents allege these efforts culminated in the infamous January 6th insurrection. Between the window smashing and calls to assassinate Democrats, the insurrectionists’ ultimate goal was to prevent Congress from certifying the election results. That day, Trump took over three hours to put out a statement urging the rioters to step down. The charging documents allege he and his co-conspirators “exploited the disruption by redoubling efforts to levy false claims of election fraud and…further delay the certification based on those claims.”
This case could come with serious jail time. If Trump was found guilty on all charges he could face a maximum sentence of 55 years in prison. Christian notes that Trump has more of a defense in this case since he could claim First Amendment rights to lie about the election. The indictment documents emphasize Trump knew he was lying, explaining that many senior White House officials, including Vice President Mike Pence, told Trump that there were no legitimate allegations of fraud or interference in the election. The date for the trial still hasn’t been released.
Trump tried to argue in court that he should be granted immunity from all crimes he committed as president. In February, an appeals court unanimously ruled against Trump. He then appealed to the Supreme Court who agreed to take up the case. According to a summary of the oral arguments, the justices seemed inclined to grant immunity for official acts as president. Whether Trump’s actions on January 6 are declared private or official remain to be seen. The court could torpedo the prosecution’s case if they grant total immunity to presidents or, if they rule against Trump, could deal a major blow to his defense. A decision is expected by the end of June.
4. The Georgia election interference investigation
Announced on August 14, 2023, Georgia’s case is Trump’s second indictment related to 2020 election interference. Initially, the case was a sprawling 41-count indictment, naming 19 defendants, including Trump, his lawyers Rudy Giuliani and John Eastman, as well as former White House chief of staff Mark Meadows. However, prosecutors faced a setback in March when Superior Court Judge Scott McAfee dismissed six of the 41 charges. Three pertained to Trump, dropping his charges from 13 to 10. McAfee reasoned that prosecutors did not include enough legal detail in the charges, hindering the ability of the accused to adequately prepare their defenses. In late May, District Attorney Fani Willis filed to appeal the ruling.
Trump and 13 others are still charged with violating the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act, which targets criminal enterprises and is not limited exclusively to acts within Georgia. The original indictment outlines 161 alleged acts that defendants took to overturn the 2020 election. Among these acts were Trump’s phone calls to Georgia State Sen. Butch Miller, and Governor Brian Kemp, Secretary of State Brad Raffensperger. It also lists Trump’s attempts to convince Pence to overturn the election results. Aside from RICO, other remaining charges against Trump include conspiracy to commit forgery and file false documents.
Time magazine reported that this could be Trump’s most threatening legal challenge yet. A RICO charge in Georgia has a mandatory minimum of five years in prison. Christian noted that it ��was similar to the federal obstruction of justice charge” with a maximum 20 years. However, since it’s a state case, if Trump is convicted he won’t be able to pardon himself or pay a fine to avoid jail time.
Trump’s trial has been paused indefinitely as Trump's team works to remove Willis from the case. They've argued Willis had a conflict of interest due to her previous romantic relationship with special prosecutor Nathan Wade. Judge McAfee ruled that Willis could stay on the case if Wade resigned, which he did. An appeals court later granted Trump’s request to appeal the ruling, and the Georgia Court of Appeals ruled on June 5 that the case will not move forward until Willis' disqualification is decided upon.
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