Donald Trump indictment: Could he go to prison and other key questions

1 year ago 22

Donald Trump successful  Iowa, July 2023Image source, Reuters

By Robert Greenall

BBC News

Former US President Donald Trump has been indicted successful transportation with the events surrounding the 6 January 2021 riots astatine the US Capitol.

The Republican person denies wrongdoing and has described the lawsuit arsenic "ridiculous".

He has already been charged successful 2 different cases - with mishandling classified files and falsifying concern records to screen up a hush-money outgo to a porn star.

Here are immoderate of the cardinal questions surrounding the case.

What are the charges?

Mr Trump, who mislaid the 2020 statesmanlike predetermination to Democrat Joe Biden, has been charged with plotting to overturn his defeat.

He is accused of 4 counts:

  • conspiracy to defraud the US
  • conspiracy to obstruct an authoritative proceeding
  • obstruction of an authoritative proceeding
  • conspiracy against the rights of citizens

These charges subordinate to Mr Trump's actions implicit a play of much than 2 months from soon aft predetermination time (3 November) until the time helium near the White House connected 20 January.

The archetypal number refers to alleged attempts to obstruct the collection, counting and certification of votes.

The 2nd and 3rd woody with alleged attempts to obstruct the certification of electoral assemblage votes successful the US Congress connected 6 January, which culminated successful the Capitol riots.

The 4th complaint is astir alleged attempts to interfere with citizens' close to ballot and to person their votes counted.

How superior are the charges compared to erstwhile indictments?

This is Mr Trump's 3rd indictment and immoderate ineligible experts person said it whitethorn not beryllium the strongest lawsuit brought against him. He whitethorn look deeper ineligible peril elsewhere.

But successful presumption of the gravity of the charges, these are the astir superior and consequential, says our North America editor, Sarah Smith.

This is the archetypal clip helium is being indicted for thing which took spot portion helium was inactive successful office, she says. And determination is besides a real-world interaction laid retired successful this indictment which we person not seen successful the different cases.

Although peculiar counsel Jack Smith stopped abbreviated of charging Mr Trump with inciting the mob which attacked the US Capitol, the authoritative said it was "fuelled by lies, lies by the defendant".

Former national authoritative Renato Mariotti told the BBC's Today programme that this was the archetypal indictment successful US past that was charging a erstwhile president for behaviour that was unsocial to his office, successful different words "trying to stay successful bureau and forestall the peaceful transportation to power".

What happens next?

Mr Trump is owed to look successful tribunal successful Washington DC connected Thursday. It is not wide arsenic yet whether helium volition look successful idiosyncratic oregon remotely.

The antheral starring the inquiry, peculiar counsel Jack Smith, is pledging to question a "speedy trial", but it is acold from definite that this volition happen, for respective reasons.

This proceedings volition beryllium competing for clip with the different cases against him - they cannot each beryllium conducted astatine the aforesaid time. Also it is improbable to beryllium scheduled for cardinal moments during the election, specified arsenic the Republican National Convention erstwhile a statesmanlike campaigner is formally chosen.

And arsenic Mr Mariotti points out, determination are plentifulness of ways successful the US justness strategy to let for much clip for a trial.

So the anticipation remains that Mr Trump could person already been elected president by the clip the proceedings starts.

Could Trump spell to situation and inactive tally for president?

The erstwhile president, astatine 77 years of age, is facing the anticipation of a stiff situation condemnation if convicted.

The justice assigned to oversee the case, Tanya Chutkan, is an Obama appointee, known to beryllium a pugnacious sentencer successful different 6 January cases.

Mr Trump is besides facing jailhouse presumption of up to 20 years successful the classified documents case.

Image source, Getty Images

Image caption,

Lyndon LaRouche, convicted of fraud, stood for president 8 times

Under US law, thing prevents an idiosyncratic from moving for bureau if they are facing transgression charges, oregon adjacent if they are successful jail.

Of people that doesn't mean that voters would privation to enactment specified a candidate.

At slightest 2 radical person antecedently tally for president with transgression convictions - socialist campaigner Eugene Debs successful 1920, convicted implicit a 1918 anti-war speech; and conspiracist Lyndon LaRouche, convicted of fraud, 1 of whose 8 runs for president successful 1992 was from a national situation successful Minnesota.

Both mislaid their elections.

Could Trump pardon himself if helium wins the election?

Some analysts person suggested that Mr Trump could effort to pardon himself if helium was convicted and past won the election.

This imaginable script is untested by US law, which means that the Supreme Court mightiness request to intervene.

He mightiness besides effort to person the lawsuit dismissed if helium was elected president portion it was inactive ongoing.

One rival campaigner for the Republican nomination, erstwhile Arkansas politician Asa Hutchinson, told the NBC web some scenarios were imaginable but said that a self-pardon was "not what the constitution intends".

He added that specified a determination would beryllium "inappropriate" and "unseemly".

However, astatine slightest 1 of Mr Trump's rivals, Vivek Ramaswamy, has vowed to pardon Mr Trump if helium is elected president.

And his main Republican opponent, Ron DeSantis, told CNN it would not beryllium "good for the country" for Mr Trump to spell to prison.

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