Former President Donald J. Trump is facing a series of criminal cases, including an indictment in Georgia for allegedly trying to undermine the 2020 presidential election. This brings the total number of felony counts against him to 91, encompassing various crimes such as attempts to subvert democracy, risking national security secrets, and falsifying business records related to a payment made to a porn actress.
These legal challenges add complexity to Trump’s already busy campaign calendar and raise questions about the sequence and proceedings of each trial. While some prosecutors are eager to move quickly, Trump’s lawyers have typically sought to delay proceedings in an effort to run out the clock on legal matters.
Let’s take a closer look at each case and compare them:
1. Bookkeeping Fraud
Venue: New York State legal system, Supreme Court in Manhattan
Judge: Juan Merchan
Chief Prosecutor: Alvin L. Bragg, Manhattan district attorney
Charges: Trump is charged with 34 felony counts of falsifying business records. The charges stem from a series of checks issued by Trump in 2017 to his personal lawyer, Michael Cohen, in reimbursement for a hush money payment made to Stormy Daniels, a porn actress. The indictment alleges that these payments were falsely recorded as payments for legal work performed by Cohen under a nonexistent retainer.
Indictment: March 2023
Scheduled trial: March 2024
Importance: This case is considered to be the least significant of the four. It poses challenges for prosecutors as they must prove Trump’s intent to commit or conceal another crime to elevate bookkeeping fraud to a felony charge. The potential second crime could involve federal or state election laws, but it remains unclear which specific offense is being referred to in the indictment.
2. National Security Documents
Venue: Federal legal system, Southern District of Florida
Judge: Aileen M. Cannon
Chief Prosecutor: Jack Smith, special counsel
Charges: Trump faces 40 criminal counts related to accusations of hoarding sensitive government records after leaving office and obstructing efforts to retrieve them. Two of his employees, Walt Nauta and Carlos De Oliveira, are charged with conspiring to obstruct the investigation and making false statements.
Indictment: June 2023 (expanded in July 2023)
Scheduled trial: May 2024
Importance: This case, the second to be charged against Trump, appears to be the strongest on paper. The indictment provides substantial evidence to support the allegations, which are based on well-established statutes. However, there are potential risks for prosecutors, including the fact that the case was assigned to Judge Cannon, a Trump appointee who may influence its trajectory. The composition of the jury, drawn from counties where Trump won the majority of votes, could also affect the outcome.
3. 2020 Election Subversion (Federal)
Venue: Federal legal system, District of Columbia
Judge: Tanya S. Chutkan
Chief Prosecutor: Jack Smith, special counsel
Charges: Trump is charged with four counts related to attempting to undermine American democracy by overturning his 2020 election loss to Joe Biden. The indictment includes charges of conspiring to defraud the government and disenfranchise voters, as well as obstructing the official proceeding of certifying Biden’s Electoral College victory.
Indictment: August 2023
Scheduled trial: To be determined (prosecutors propose January 2024)
Importance: This case is widely regarded as the most significant because it involves an attack on the core process of American democracy. However, its complexity and legal uncertainties may provide opportunities for Trump’s defense. The indictment focuses on Trump’s alleged plot, along with his allies in several states won by Biden, to recruit false electors and pressure Vice President Mike Pence to disrupt the certification process. The redundancy in the charges aims to strengthen the chances of a conviction on appeal.
These trials will shape the legal battles faced by Donald J. Trump, and each presents its own challenges and potential outcomes. The outcomes of these cases will have far-reaching implications for Trump’s political future and the broader legal landscape.
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