Donald Trump's legal situation escalated recently as he received notification from special counsel Jack Smith, signaling that he is the target of a criminal investigation focused on the aftermath of the 2020 election. This development is the most explicit indication yet that the former president might soon be confronted with additional criminal charges.
According to media reports, the letter sent by Smith's team to Trump's attorneys, including Todd Blanche, outlined potential charges that the former president could face. These charges encompassed references to a Reconstruction-era civil rights statute and laws that draw parallels to convictions of certain Capitol rioters on obstruction charges. However, the lack of detailed information makes it challenging to ascertain the exact nature of the charges or the specific Trump conduct related to the 2020 election being targeted.
As the investigation unfolds, Trump is already facing criminal charges from Smith related to the unlawful retention of classified materials after leaving the White House. Additionally, he was charged earlier in the year with state crimes in New York linked to an alleged hush money payment scheme surrounding the 2016 election.
Legal analyst Norm Eisen emphasizes the gravity of this specific investigation, asserting that it poses a significant risk to Trump. The target letter cited three statutes under which Trump could potentially be charged: deprivation of rights, conspiracy to commit an offense against or defraud the United States, and tampering with a witness.
The deprivation of rights charges typically apply to civil rights cases, including those related to election offenses. One statute specifically targets actions by individuals acting under "color of any law, statute, ordinance, regulation, or custom," carrying severe penalties, including up to ten years in prison if bodily injury occurs. Trump's alleged involvement in a scheme to interfere with the recognition of votes could be considered a violation of voting rights for all Americans.
The potential witness tampering charge could reference traditional witness tampering or use a provision in a federal statute that criminalizes obstruction of "an official proceeding." This provision has already been successfully used in prosecuting Capitol rioters who aimed to disrupt Congress' validation of President Biden's 2020 win.
Finally, the conspiracy charge, known as "Conspiracy to commit an offense against or defraud the United States," covers various types of unlawful conduct. Trump's alleged participation in a criminal conspiracy has been discussed in relation to the House select committee investigating the events of January 6, implying plotting to obstruct Congress' certification vote.
Overall, it appears that Smith is adopting a comprehensive approach to examining potential criminal conspiracies, with a particular focus on actions leading up to January 6 and attempts to influence the election outcome. The investigation appears to emphasize the plotting to undermine the election more than the physical assault on the Capitol itself. However, the exact charges and Trump's specific liabilities are yet to be fully disclosed as the investigation unfolds.
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