With a seemingly unending legal saga playing out in the headlines, President Donald Trump’s potential for criminal charges is front and center for the United States. Political allies, adversaries, and legal scholars have all speculated about the chances of criminal charges being brought against the president before or after he leaves office. There is a lot to consider when talking about the potential of criminal charges for the president. In this article, we explore all the possibilities regarding Trump’s potential legal troubles.
Background
Donald Trump has been subject to various investigations, probes, and litigations from nearly the outset of his presidency. The most significant of these has been Robert Mueller’s Russia investigation. This involved potential collusion between the Trump campaign and Russia, as well as potential obstruction of justice by the president himself leading to attorney general William Barr’s summary of the special counsel’s report and report being released to the public.
The special counsel’s report did not give clear guidance to Attorney General Barr regarding whether or not to pursue criminal charges against the president. This has left the nation to speculate the potential of criminal charges related to the president’s dealings with bonds to Russia and attempts to impede the investigation.
Criminal Charges
Although Mueller’s report did not indicate that the president should face criminal charges, there are still a number of potential situations in which criminal charges could apply to President Trump.
Campaign Finance Violations
Potential criminal charges could arise from Trump’s alleged involvement in campaign finance violations. During the 2016 presidential campaign, there are claims that Trump helped orchestrate the payment of hush money to silence women who claimed to have had affairs with him. If the evidence of this payment is conclusive and can be proven to be a violation of campaign finance laws, criminal charges could apply to the president.
Tax fraud
Another potential source of criminal charges against Trump could stem from possible fraud and tax evasion. In October 2019, the New York Times revealed that the president had engaged in dubious tax avoidance schemes, including methods such as claiming deductions on millions of dollars of “consulting fees” that were never paid. An extensive investigation by local authorities could uncover evidence of criminal activity warranting criminal charges.
Obstruction of Justice
Obstruction of justice is a serious crime, and one Donald Trump may be in danger of violating. Robert Mueller’s report indicated that Trump may have tried to impede the investigation into his ties with Russia. Several documented attempts at interference by the president’s aides and associates could indicate a deliberate effort to block the inquiry from reaching its conclusion.
The Impeachment
The U.S. House of Representatives impeached President Trump in December 2019. The impeachment process lasted for months and resulted in a trial in the Senate, which eventually cleared him of the charges. Although Trump was acquitted of the charges, some have argued that the impeachment attempt itself could have led to criminal charges.
Danger of a Loyalty Oath
One potential source of criminal charges related to President Trump could come from the specter of a loyalty oath. During the impeachment trial, some Republican senators suggested that the president had asked them to take a loyalty oath to him. If a sworn statement by the president or by any of his aides is found to be in violation of the law, it could possibly be used to build a criminal case against him
Criminal Charges After Trump Leaves Office
It is possible that even if criminal charges are not brought against Donald Trump while he is in office, they could still be brought against him once he leaves office. This could occur in two primary scenarios.
State Charges
One potential avenue for criminal charges against President Trump is the possibility of state charges. Trump has significant legal issues in New York, including his involvement with the Trump Foundation, his real estate dealings with the Kushner family, and the state investigation into his company. Under the U.S. Constitution, a sitting president is immune from state criminal proceedings. But this protection could be lost once Trump leaves office, allowing prosecutors to pursue state-level criminal charges.
Civil Liability
In addition to criminal charges, President Trump could also face civil liabilities when he leaves office. These would include civil actions brought by private individuals or organizations that were harmed by his policies or actions as president. It is possible that these civil actions could also lead to greater scrutiny of Trump’s business dealings and tax history, which could potentially result in criminal charges.
With Donald Trump’s presidency entering its waning months, there is intense speculation about whether the president will face criminal charges before or after leaving office. Trump has been subject to various investigations, probes and litigations from nearly the outset of his presidency, and some of these could still lead to criminal charges against the president. Potential charges include campaign finance violations, fraud and tax evasion, and possible obstruction of justice. There is also the possibility that state prosecutors or civil plaintiffs could bring criminal charges against President Trump once he leaves office. As Americans await the outcome of this legal saga, we will be watching closely to see if there are criminal charges to be brought against the president.
