Trump faces multiple indictments

by Tom Maertens

New evidence continues to emerge of criminal activity by Donald Trump and his circle.

The FBI searched Trump’s Mar-a-Lago resort in June and found many classified documents including at least 100 that were labeled Top Secret, Sensitive Compartmented Intelligence (TS/SCI); such seizures have been prosecuted as felonies in the past. A former government employee, Reality Winner, served five years in prison for leaking one document with only a medium-level Secret classification.

In another case, N.Y. Attorney General Letitia James accused Trump and his three eldest children of dozens of instances of financial fraud and is seeking a civil penalty of at least $250 million. She also made a criminal referral to Manhattan District Attorney Alvin Bragg who has already obtained two indictments — of the Trump Organization and its CFO, Allen Weisselberg, who has agreed to testify against the Trump Org, which is potentially disastrous for Trump.

In addition, James asked the court to ban Trump and his children from ever running a company based in the state again. Trump was previously ordered to pay more than $2 million in damages to eight different charities for illegally misusing charitable funds. The settlement also dissolved the Trump Foundation under court supervision.

Another federal investigation is examining the Jan. 6 attack on the Capitol and Republican efforts to overturn the 2020 election, which FBI Director Wray labeled a domestic terrorist attack. One hundred forty-seven Republican legislators voted to endorse Trump’s coup attempt, and counterfeit slates of state electors from several swing states were falsely certified and sent in for the Jan. 6 electoral vote count.

Some of those fake electors are under subpoena and could face criminal charges, depending on individual state’s laws. For example, all 16 fake electors and as many as 100 other participants in the sham elector scheme in Georgia have received letters from the Fulton County district attorney informing them that they are targets of a Special Grand Jury and face possible criminal charges.

Section 3 of the 14th Amendment bars any officials who have taken an oath of office to defend the government from reelection if they “engaged in insurrection or rebellion” against the government — or have “given aid or comfort to the enemies thereof.”

Citizens for Responsibility and Ethics in Washington (CREW), a watchdog group, successfully challenged an official in New Mexico in September. A judge in that state ruled that Otero County Commissioner Couy Griffin be removed from office, characterizing the attack on the U.S. Capitol as an insurrection and deciding that Griffin’s participation in it disqualified him under Section 3 of the 14th Amendment.

According to CREW, “There is compelling evidence that Donald J. Trump may have personally committed up to eight criminal offenses while campaigning for president and during the first year of his presidency. The potential offenses include violations of laws regulating campaign contributions and their disclosure, making false records and statements, and a conspiracy to defraud (or to violate the laws of) the United States.”

Trump is also facing an ongoing investigation from the prosecutor in Fulton County for pressuring Georgia officials to override the state’s popular vote for president in 2020. Remember Trump’s infamous call to Republican Secretary of State Brad Raffensperger: "I just want to find 11,780 votes”? Biden defeated Trump in Georgia by 11,779 votes. A number of Trump allies are being subpoenaed as part of a state criminal investigation into interference with the 2020 election, including Trump’s sometime lawyer, Rudy Giuliani.

Trump has also been deposed in a defamation lawsuit by writer E. Jean Carroll, one of 26 women who have accused Trump of sexual assault. She alleges he raped her, and then defamed her by calling her a liar.

Trump is preparing to run in 2024, probably in hopes that the tradition of not prosecuting a presidential candidate will protect him. But Merrick Garland is considering appointing a non-partisan special counsel who would continue the investigation regardless.

Additionally, Kash Patel, a Trump loyalist and former senior government official has been granted “use immunity” in exchange for testimony against Trump. He can’t be prosecuted for any crimes he reveals, but he can’t plead the Fifth in order to refuse answering questions under oath. It’s a strong indication that an indictment against Trump will be forthcoming.

Any hopes Trump had for congressional Republicans protecting him are also much diminished, based on his endorsement record in the mid-term. “Republicans are waking up to the fact that (Trump) is a net negative for their fortunes,” Republican strategist Liam Donovan said.

Tom Maertens served in the White House under Presidents George W. Bush and Bill Clinton.