The Justice Department is investigating whether former President Donald Trump violated three federal laws related to the handling of classified documents. This comes as the House Select Committee is investigating the Jan. 6 riot and Trump’s efforts to overturn the results of the 2020 presidential election. The committee used its public hearings this summer to try to build a case that the Trump violated at least five federal laws. Here’s a breakdown of the eight federal laws Trump potentially broke as the Justice Department and the Jan. 6 panel continue to investigate the former president.
Violation of the Espionage Act
The Justice Department is investigating whether Trump violated the Espionage Act by collecting, transmitting or leaking national defense information. The Wall Street Journal reported Friday that the FBI seized 11 sets of classified documents after searching the former Trump’s Mar-a-Lago residence. One of the documents in Trump’s possession included files marked “Variousclassified/TS/SCI,” which refers to sensitive government information, according to a copy of the warrant.
Hide, remove or mutilate files
The Justice Department is investigating whether Trump violated two criminal laws by trying to withhold or remove records, according to a copy of the warrant. Federal authorities were also looking for evidence that Trump violated another federal law to obstruct justice by engaging in or attempting to destroy, alter or falsify records. New York Times reporter Maggie Haberman previously reported that Trump allegedly tore up and flushed sensitive documents down the toilet. Earlier this week, Haberman shared photos with Insider showing paper notes on two toilet bowls.
“Wire Fraud”
The House Select Committee revealed in one of its hearings on June 13 that Trump’s campaign raised more than $250 million from his supporters. In emails about the fundraiser, his team suggested that Trump would use the money to create a fund to legally challenge the results of the 2020 presidential election. The committee revealed that such a fund was never created and was instead funneled into a new political action committee called “Save America.” Under current laws, wire fraud is committed if a person intends to defraud or obtain money through false pretenses.
Obstructing official proceedings
The commission on Jan. 6 said it has evidence that Trump and his 2020 campaign team violated federal law by attempting to obstruct or obstruct an official process. Prosecutors could potentially indict him for pressuring former Vice President Mike Pence to stop the congressional election certification process. Prosecutors could also use evidence of Trump’s alleged scheme to send out a fake voter ballot to overturn the outcome of the 2020 presidential election.
Witness tampering
The Jan. 6 panel alleged that Trump and his associates attempted to contact witnesses who testified before the panel. During a Jan. 6 July 12 hearing, the committee provided new evidence that Trump attempted to call a witness on Jan. 6 — an action that could constitute witness tampering. Republican Rep. Liz Cheney, who is the committee’s vice chairwoman, said she referred the matter to the Justice Department. At another hearing on June 28, Cheney presented two text messages one of the witnesses received from a Trump associate. Cheney did not identify the witness, but read a description of the witness’s call with the Trump associate. Cheney said the witness told the committee that, “What they told me is, as long as I’m still on the team, they know I’m on the team, I’m doing the right thing, I’m protecting who I have to protect, you know, I’m going to continue to stay in good graces with Trump’s world”.
Conspiracy to defraud the government
In a March 2 court filing, the January 6 panel said it has evidence that Trump and his campaign team violated another federal law by engaging in “a criminal conspiracy to defraud the United States.” Prosecutors would have to prove Trump knew he lost the 2020 election and continued efforts to overturn the election results. During the Jan. 6 public hearings, the panel played testimony from former White House officials who repeatedly told Trump there was no evidence of voter fraud and that he lost the election fair and square.
Inciting rebellion
Prosecutors could potentially build a case that the former president incited a Jan. 6 uprising based on some of the commission’s evidence. A former White House aide Cassidy Hutchinson testified before the committee on January 6 that Trump allegedly knew his supporters were armed. Earlier on Jan. 6, she recalled Trump saying, “I don’t care that they have guns. They’re not here to hurt me. Take the magic. Let my people in.” Prosecutors would have to prove beyond a reasonable doubt that Trump knew in advance that the violence would occur on January 6.
