Update: According to Reuters, a Department of Justice spokesperson said President Trump “does not face the possibility of the death penalty because the indictment did not include the ‘special findings’ necessary to seek that sentence.”
Former President Donald Trump has been indicted four times — once in a county court in Manhattan, New York; once in federal court in Miami, Florida; once in federal court in Washington, D.C.; and once in a county court in Fulton County, Georgia.
Together, these indictments account for 91 counts thus far: 34 counts in New York, with a total maximum penalty of 136 years; 40 counts in Miami, up to 450 years; four counts in D.C., up to 55 years, or death; and 13 counts in Georiga, facing up to 76.5 years.
Here is the basic information about each indictment.
I. New York – “Stormy Daniels” (state)
Charges: 34 counts of falsifying business records in the first degree in violation of New York state Penal Law §175.10.
Penalty: A maximum of four years in state prison on each of the 34 counts; 136 years total, if enforced consecutively.
Trial date: March 25, 2024 – after at least 30 states will already have held their Republican primary elections or caucuses.
II. Miami – “Documents” (federal)
Superseding indictment: July 27, 2023
Charges: 37 counts against Trump in the original indictment, plus three additional counts against Trump in the superseding one. Trump was charged alongside Waltine Nauta in the original indictment, and with Carlos de Oliveira in the superseding one.
The original charges were:
- Counts 1-31 – “Willful Retention of National Defense Information” – 18 U.S.C. § 793(e)
- Count 32 – “Conspiracy to Obstruct Justice” – 18 U.S.C. § 1512 (k)
- Count 33 – “Withholding a Document or Record” – 18 U.S.C § 1512 (b) (2) (A) (and also § 2)
- Count 34 – “Corruptly Concealing a Document or Record” – 18 U.S.C. § 1512 (c) (1) (and also § 2)
- Count 35 – “Concealing a Document in a Federal Investigation” – 18 U.S.C § 1519 (and also § 2)
- Count 36 – “Conspiracy to Conceal” – 18 U.S.C. § 1001 (a) (2) (and also § 2)
- Count 37 – “False Statements and Representations” – 18 U.S.C. § 1001 (a) (2) (and also § 2)
- Count 38 – “False Statements and Representations” – 18 U.S.C. § 1001 (a) (2)
Trump faced counts 1 through 37; Nauta faced counts 32, 33, 34, 35, 36, and 38.
The superseding indictment added:
- Count 32 – “Willful Retention of National Defense Information” – 18 U.S.C. § 793(e)
- Count 33 (Count 32 in the original indictment) – “Conspiracy to Obstruct Justice” – 18 U.S.C. § 1512 (k)
- Count 40 – “Altering, Destroying, Mutilating, or Concealing an Object” – 18 U.S.C. § 1512 (b) (2) (B) (and also §2)
- Count 41, – “Corruptly Altering, Destroying, Mutilating, or Concealing a Document, Record, or Other Object” – 18 U.S.C. § 1512 (c) (1) (and also § 2)
- Count 42,for “False Statements and Representations” – 18 U.S.C. § 1001 (a) (2)
Trump faced additional counts in 32, 40, and 41; Nauta faced additional counts in 40 and 41; De Oliveira faced counts in 40, 41, and 42.
Penalty: Trump faces a maximum of 450 years in federal prison if convicted on all 40 charges in the superseding indictment.
Trial date: May 20, 2024 – after all but seven Republican primaries; eight weeks before the Republican National Convention.
III. Washington, D.C. – “January 6” (federal)
Charges: The four counts against Trump include:
- Count 1 – “Conspiracy to Defraud the United States”- 18 U.S.C. § 371
- Count 2 – “Conspiracy to Obstruct an Official Proceeding” – 18 U.S.C. § 1512 (k)
- Count 3 – “Obstruction of and Attempt to Obstruct an Official Proceeding” – 18 U.S.C. § 1512 (c)
- Count 4 – “Conspiracy Against Rights” – 18 U.S.C § 241
Penalty: A maximum of 55 years in prison, and theoretically the death penalty under Count 4, due to a death in the Capitol riot.
Trial date: Prosecutors have proposed a Jan. 2, 2024 trial date, which would be less than two weeks before the Iowa caucuses.
IV. Fulton County, Georgia (state)
Charges: Trump faces 13 counts, and was charged with 18 other lawyers, aides, and supporters, facing 41 counts collectively.
The 13 counts against Trump are:
- Count 1 (as listed in indictment) – “RICO (Racketeer Influenced and Corrupt Organizations) Act” – O.C.G.A. § 16-14-4(c)
- Count 5 – “Solicitation of Violation of Oath by Public Officer” – O.C.G.A. §§ 16-4-7 & 16-10-1
- Count 9 – “Conspiracy to Commit Impersonating a Public Officer” – O.C.G.A. §§ 16-4-8 & 16-10-23
- Count 11 – “Conspiracy to Commit Forgery in the First Degree” – O.C.G.A. §§ 16-4-8 & 16-9-1(b)
- Count 13 – “Conspiracy to Commit False Statements and Writings” – O.C.G.A. §§ 16-4-8 & 16-10-20
- Count 15 – “Conspiracy to Commit Filing False Documents” – O.C.G.A. §§ 16-4-8 and 16-10-20.1(b)(1)
- Count 17 – “Conspiracy to Commit Forgery in the First Degree” – O.C.G.A. §§ 16-4-8 & 16-9-1(b)
- Count 19 – “Conspiracy to Commit False Statements and Writings” – O.C.G.A. §§ 16-4-8 & 16-10-20
- Count 27 – “Filing False Documents” – O.C.G.A. § 16-10-20.1(b)(1)
- Count 28 – “Solicitation of Violation of Oath by Public Officer” – O.C.G.A. §§ 16-4-7 & 16-10-1
- Count 29 – “False Statements and Writings” – O.C.G.A. § 16-10-20
- Count 38 – “Solicitation of Violation of Oath by Public Officer” – O.C.G.A. §§ 16-4-7 & 16-10-1
- Count 39 – “False Statements and Writings” – O.C.G.A. § 16-10-20
Penalty: A maximum of 76.5 years in state prison, if convicted on each of the charges, and if enforced consecutively.
Trial date: Unknown (as of Aug. 15, 2023).
Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the new biography, Rhoda: ‘Comrade Kadalie, You Are Out of Order’. He is also the author of the recent e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.
This post has been updated.
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