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Corruption


PRESIDENT TRUMP’S STAGGERING RECORD OF UNCHARGED CRIMINAL MISCONDUCT

By Conor Shaw
March 1, 2022
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Donald Trump has been credibly accused of committing at least 48 criminal
offenses while he was serving as President of the United States or campaigning
for that office. Those offenses are listed in the table below, which includes
possible offenses that were investigated by the Department of Justice while
President Trump was in office as well as possible offenses that have not been
the subject of any confirmed reported investigation. While he was in office,
President Trump was protected by the DOJ’s policy of not indicting a sitting
president, but that policy of course does not apply to a former president. The
table does not include potential crimes being investigated by authorities in New
York relating to the Trump Organization.  

Click here to jump straight to the table   

Despite Donald Trump’s staggering record of likely criminal misconduct as
president and candidate for that office, he has not been charged with a single
criminal offense. While adherence to the rule of law requires that prosecutors
pursue criminal indictments only where the facts, law, and principles of
prosecution support such action, it is also critical that no individual be
insulated from accountability simply because they are a national political
figure, a former president or a candidate for public office. Choosing not to
pursue accountability for fear of the political criticism or consequences is
itself a deeply political act. 

> “If President Trump avoids criminal prosecution for these potential offenses
> because prosecutors are unwilling to pursue legally justified cases against
> him, the message to him and future presidents will be clear: you can commit
> crimes with impunity.”

The window for seeking accountability is beginning to close if the facts, law
and principles of prosecution do support indictment of the former president.
Federal and state statutes of limitations require that most criminal offenses be
charged within a specified number of years after the relevant conduct occurred.
The potentially applicable federal criminal statutes carry a statute of
limitations of 5 years. In Georgia, the relevant statute of limitations is 5
years for offenses charged under the state’s Racketeer Influenced and Corrupt
Organizations (RICO) statute, 4 years for other relevant felony offenses, and 2
years for relevant misdemeanor offenses. Although prosecutors can sometimes find
ways to extend the statute of limitations or argue that the clock started
ticking later, the opportunity to pursue accountability is closing. It is also
possible that courts would consider pausing or delaying the running of the
statute of limitations during Trump’s time in office in light of the DOJ’s
policy view that the Constitution precludes indictment of a sitting president. 

Deterrence is one of the core objectives of criminal law. Federal criminal law
is designed to punish individuals for criminal offenses to discourage these
individuals and others like them from engaging in the same conduct in the
future. If President Trump avoids criminal prosecution for these potential
offenses because prosecutors are unwilling to pursue meritorious and legally
justified cases against him, the message to him and future presidents will be
clear: you can commit crimes with impunity. 

The rule of law is not self-enforcing. The individuals who serve in the
Department of Justice and in prosecutors’ offices across the country are charged
with upholding it. They must do so here if the facts, law, and principles of
prosecution support doing so.



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15102550100All
entries

CategoryRelevant ConductApprox. datesPotential offense(s)Statute(s)Investigation
statusLikely statute of limitationsLink to complaint/reportAdditonal links
Campaign finance crimes and coverup Causing Cohen to make and/or accepting an
unlawful individual contribution (February 2015 online poll) 2015 Causing (or
accepting) an individual contribution in excess of the lawful limit 52 U.S.C. §§
30109, 30116, 30118; 18 U.S.C. § 2 Investigation closed while Trump was
president 2020 Source Campaign finance crimes and coverup Causing American Media
Inc. (AMI) to make and/or accepting (or causing his then lawyer Michael Cohen to
accept) an unlawful corporate contribution related to Karen McDougal. 2016
Causing (or accepting) an unlawful corporate campaign contribution 52 U.S.C. §§
30109, 30118; 18 U.S.C. § 2 Investigation closed while Trump was president
2021-2022 Source Campaign finance crimes and coverup Causing Cohen to make
and/or accepting an unlawful individual contribution (Clifford Story) 2016
Causing (or accepting) an individual campaign contribution in excess of
statutory limits 52 U.S.C. §§ 30109, 30116, 30118; 18 U.S.C. § 2 Investigation
closed while Trump was president 2021-2022 Source Campaign finance crimes and
coverup Causing Donald J. Trump for President LLC’s failure to report AMI’s
contribution (McDougal Story) 2016 Causing a campaign committee to fail to
report an unlawful corporate contribution 52 U.S.C. §§ 30104, 30109; 18 U.S.C. §
2 Investigation closed while Trump was president 2021-2022 Source Campaign
finance crimes and coverup Causing Donald J. Trump for President LLC’s failure
to report Cohen’s contribution (Clifford Story) 2016 Causing a campaign
committee to fail to report an unlawful corporate contribution 52 U.S.C. §§
30104, 30109; 18 U.S.C. § 2 Investigation closed while Trump was president
2021-2022 Source Campaign finance crimes and coverup Causing Donald J. Trump for
President LLC to file false reports with the FEC 2016-2017 Causing a campaign
committee to fail to report an unlawful corporate contribution 18 U.S.C. §§ 2,
1519 Investigation closed while Trump was president 2022 Source Campaign finance
crimes and coverup Making a false statement by failing to disclose liability to
Cohen for Clifford payment on 2017 public financial disclosure form 2017
Knowingly ommitting or failing to disclose a material fact 18 U.S.C. § 1001
Investigation closed while Trump was president 2022 Source Source 2 Campaign
finance crimes and coverup Failing to disclose a liability to Cohen for Clifford
payment on 2017 public financial disclosure form 2017 knowingly and willfully
failing to report required information 5 U.S.C. app. § 104(a)(1)-(2).
Investigation closed while Trump was president 2022 Source 1 Source 2 Campaign
finance crimes and coverup Conspiring to defraud the United States by
undermining the lawful function of the FEC and/or violating federal campaign
finance laws 2015-2017 Conspiring to commit campaign finance offenses and/or
defraud the enforcement of campaign finance laws 18 U.S.C. § 371 Investigation
closed while Trump was president 2022 Source Obstruction of the Russia and
Special Counsel Investigations Corruptly obstructing or impeding the
investigaiton of Michael Flynn February 2017 Obstruction of justice 18 U.S.C. §§
1503, 1505, 1512(c)(2) Investigation closed while Trump was president 2022 if
the conduct is treated as an independent event or 2024 if the conduct is
considered to be part of a series of continuing wrongs or conspiracy Source

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ENFORCING THE 14TH AMENDMENT'S DISQUALIFICATION CLAUSE

Section 3 of the 14th Amendment, known as the Disqualification Clause, bars
anyone who has taken an oath to uphold the Constitution and who then engaged in
or aided an insurrection from holding public office. Irrespective of power or
position, any person who attempted to or supported efforts to violently
overthrow our democracy must be held accountable in accordance with the
Constitution.
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