{"slug":"trump-federal-election-interference-indictment-2020","title":"Federal Election Interference Indictment: 4 Counts for Defrauding the United States","date":"2023-08-01","lastUpdated":"2024-11-25","description":"On August 1, 2023, Special Counsel Jack Smith indicted Trump on four federal counts related to his efforts to overturn the 2020 presidential election: conspiracy to defraud the United States, conspiracy to obstruct the official proceeding of the certification of the Electoral College vote, obstruction of the official proceeding, and conspiracy against rights. The indictment described a coordinated campaign involving fake electors, pressure on Vice President Pence, and use of the Justice Department. The Supreme Court's July 2024 presidential immunity ruling significantly narrowed the case; Smith closed it after Trump's election.","summary":"The indictment described a multi-pronged conspiracy: fabricating slates of Trump electors in seven states that Biden had won; pressuring Pence to refuse to certify or delay certification; pressuring state officials to change election results; coordinating with the Justice Department to send false claims to states; and promoting false claims of election fraud Trump knew to be false. The case was assigned to Judge Tanya Chutkan; the Supreme Court's June-July 2024 ruling on presidential immunity vacated the lower court's immunity decision and required further proceedings; Smith closed the case in November 2024 citing DOJ policy.","category":"rule-of-law","severity":"critical","ongoing":false,"sources":[{"url":"https://www.nytimes.com/2023/08/01/us/politics/trump-indicted-2020-election.html","title":"Trump Indicted for Efforts to Overturn 2020 Election","publisher":"The New York Times"},{"url":"https://www.washingtonpost.com/national-security/2023/08/01/trump-indicted-2020-election-jack-smith/","title":"Trump indicted on four federal counts for efforts to overturn 2020 election","publisher":"The Washington Post"},{"url":"https://apnews.com/article/trump-indictment-2020-election-jack-smith","title":"Trump faces 4 federal charges related to efforts to overturn 2020 election","publisher":"The Associated Press"},{"url":"https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.1.0_6.pdf","title":"United States v. Donald J. Trump — Federal election indictment","publisher":"U.S. District Court for the District of Columbia"}],"draft":false,"status":"published","tags":["election-interference","indictment","fake-electors","Pence","post-presidency","January-6","conspiracy"],"relatedEntries":[],"timeline":[{"date":"2021-01-06","title":"January 6 Capitol attack","summary":"After Trump's Ellipse speech directing supporters to march to the Capitol, a mob storms the building during the electoral vote certification. Pence is evacuated; congressional proceedings are interrupted for hours. Five people die."},{"date":"2022-06-09","title":"House January 6 Committee public hearings begin","summary":"The House Select Committee on January 6 begins public hearings presenting its investigation findings — including the fake electors scheme, Pence pressure campaign, and Trump's inaction during the Capitol attack."},{"date":"2023-08-01","title":"Trump indicted on 4 federal election interference counts","summary":"Jack Smith secures a four-count indictment against Trump for conspiring to defraud the United States, obstruct the electoral vote certification, and deprive citizens of their constitutional right to have their votes counted."},{"date":"2024-07-01","title":"Supreme Court ruling on presidential immunity","summary":"The Supreme Court rules 6-3 in Trump v. United States that former presidents have substantial immunity for official acts, with absolute immunity for core constitutional functions. The ruling significantly limits the scope of provable conduct in the election case."},{"date":"2024-11-25","title":"Smith closes case — Trump elected president","summary":"Jack Smith moves to dismiss the federal election interference case following Trump's victory in the November 2024 election, citing DOJ policy against indicting a sitting president. All charges are dismissed without prejudice."}],"location":{"name":"Washington, D.C.","lat":38.9072,"lng":-77.0369},"custom":{"era":"post-presidency","posture":"active-litigation","warCrimeClassification":"enabling","internationalLaw":[],"iccRelevance":false,"victims":"American democracy and electoral process; voters whose franchise was targeted for disenfranchisement; Vice President Pence and congressional members threatened; state election officials subjected to pressure campaigns","structuredPerpetrators":[{"name":"Donald Trump","role":"Primary defendant; directed conspiracy to overturn 2020 election results","institution":"Post-presidency"},{"name":"John Eastman","role":"Co-conspirator (unindicted); authored 'coup memos' outlining mechanisms for overturning results","institution":"Trump legal team"},{"name":"Rudy Giuliani","role":"Co-conspirator (unindicted); led the fake electors scheme and state pressure campaign","institution":"Trump legal team"}],"updateLog":[{"date":"2024-11-25","summary":"Updated with case dismissal after Trump's election."}]}}