An Update on All of Trump's Crimes and Alleged Crimes

 On August 27, 2024, Special Prosecutor Jack Smith announced a Superseding Indictment Against Donald Trump arising from Trump's misconduct on January 6, 2021. The January 6 Insurrection already led to over 1400 indictments, 950 convictions, and landed over 600 protestors in jail. The Superseding Indictment seeks to restate the crimes alleged against former President Trump in light of the Supreme Court's novel and unprecedented decision in United States v. Trump granting Presidents a new-fangled immunity for official acts. In sum, according to the outstanding website January 6: And Why  it Matters:

While the core of the case remains unchanged with the four original charges intact, the revised indictment refines the scope of the accusations. Notably, it excludes certain claims, such as those involving attempts to use the Justice Department to support Trump’s false election fraud allegations.

This case will not go away absent an order to Jack Smith that he desist from prosecution. That will not happen unless Donald Trump assumes the Presidency. On the other hand, Trump will likely move to dismiss the Superseding Indictment and the trial judge could well partially grant that motion. Whatever remains of this case will very likely go to trial well after election day on November 5, 2024, and even if a jury convicts Trump litigation will continue about the scope of Presidential immunity leading to further Supreme Court review.

But what about the other criminal cases against Donald Trump?

In one criminal action brought in  Florida federal court, Special Counsel Jack Smith filed an appeal with the Eleventh Circuit Court of Appeals of the dismissal of all charges relating to Trump's alleged pilfering and mishandling of government documents including classified documents. Judge Aileen Cannon ruled that Smith's appointment as Special Prosecutor did not comply with law.  Special Counsel Smith just filed an appellate brief and Trump will file a response; but, this appeal will not conclude before the election and any decision will then face Supreme Court review. Consequently, the election could well decide this matter instead of a jury.

In another criminal action in New York state court, a jury Trump helped pick from his native state, unanimously found Trump guilty of all 34 felony counts alleged against him. Trump's guilt rested on evidence beyond a reasonable doubt. According to Politico:

On May 30, 2024, Trump became the first U.S. president to become a convicted felon. After a six-week trial . . . he was found guilty of falsifying business records in connection with a payoff to Stormy Daniels, a porn star who claimed she had a sexual encounter with him. By buying Daniels’ silence, the payoff avoided a possible sex scandal in the final weeks of the 2016 presidential campaign. Michael Cohen, Trump’s personal attorney and “fixer” at the time, sent the $130,000 hush-money payment to Daniels in October 2016, and then, while Trump was president, he reimbursed Cohen in a series of installments processed by Trump’s company. A unamimous 12-person jury found that Trump fraudulently disguised those installments as corporate legal expenses in violation of New York law.

In short, Trump defrauded voters in election 2016 by covering up his adulterous affair with a porn star. 

Currently, Judge Juan Merchan will rule on the impact of the Supreme Court's new-fangled immunity defense on September 16, 2024, and will sentence Trump for these felony convictions for these 34 felony convictions on September 18, 2024. Experts disagree on the likelihood of prison for these felonies.

Trump also faces felony charges in Georgia for alleged criminal efforts to change the outcome of election 2020 in Georgia. As stated at Politico:

Trump’s efforts to overturn his loss in the 2020 election were perhaps most aggressive in the state of Georgia. Multiple recounts confirmed that Joe Biden narrowly prevailed in the race for the state’s 16 electoral votes. But Trump and his allies spread lies about voter fraud, urged Georgia officials and state lawmakers to reverse Biden’s win and plotted to send fake electors to Washington. On Jan. 2, 2021, Trump called Georgia’s secretary of state, Brad Raffensperger, and urged him to “find” 11,780 votes — the number needed to overcome Biden’s victory. Fulton County District Attorney Fani Willis charged Trump and 18 of his allies for these efforts, alleging a wide-ranging criminal enterprise.

Essentially Trump refused to accept the reality of his defeat in Georgia and allegedly resorted to criminal measures to change the outcome. Trump filed an appeal arguing that District Attorney Fani Willis should be removed due to a a romantic relationship with a special prosecutor. Willis' team filed an appeal of a dismissal order of six counts of the indictment. Trump also filed a motion asserting Presidential Immunity. Consequently, this criminal action is hopelessly stalled and will not be resolved for years.

The above summary of the criminal actions pending against Trump suggests the following:

1)    Somewhere American law went wrong. The people no long hold sufficient confidence in the fairness and impartiality of our system of justice. Otherwise, Trump supporters would not so readily fall prey to the Big Lie that all these criminal proceedings arise from a vast Democratic and deep state conspiracy to get Trump. No evidence supports this Big Lie. We need to rebuild confidence in the American criminal justice system.

2)    The rule of law in America failed to hold President Trump accountable for the wrongdoing in connection with contesting the election of 2020, and especially the Insurrection of January 6, 2020. Many others sit in jail. Still more pleaded guilty. There is little doubt Trump led those efforts. He did so openly on television, and in recorded phone calls. Yet, Trump suffered no adverse legal consequences for his role. This failure of the rule of law must lead to reform. Citizens must view criminal justice as fair and non-partisan. It also needs to apply swiftly, even to the rich and powerful.

3)    We need enhanced legal education in primary and secondary schools as well as at the college level. The judicial power in the US is highly fragmented. The split starts with 51 differing sovereigns each with a largely independent judicial power. Yet, many apparently believe that Joe Biden or the Democratic Party holds the ability to influence the independent judicial branch across jurisdictions. This, despite a complete lack of evidence of any improper influence. We should certainly reinforce the independence of the judicial power while simultaneously increasing transparency and accountability. At the same time citizens require more education regarding the structure and protections already in place to maintain a fair and non-partisan criminal justice system.

4)    A Trump victory at the polls will destroy the quest for a fair and non-partisan criminal justice for decades to come, as he has promised to eliminate independence in criminal enforcement at the federal level and to use the system to exact retribution and revenge upon his political opponents.