Understanding the Trump Indictments

The nation has entered uncharted waters: Four times in four months, in four different courtrooms, former President Donald Trump has been accused of committing crimes. It’s the first time in American history that a U.S. president—current or former—has faced criminal charges.

To make matters even more historic, Trump is also running for president again in 2024 and is the current front-runner for the Republican nomination.

“We’ve never had a situation like this,” says Kathleen Hall Jamieson, director of the Annenberg Public Policy Center at the University of Pennsylvania. “It’s like watching four-dimensional chess.”

Here are five things you need to know to make sense of the Trump indictments and what they might mean for the next presidential election.

The nation has entered uncharted waters. Four times in four months and in four different courtrooms, former President Donald Trump has been accused of committing crimes. It’s the first time in American history that a U.S. president has faced criminal charges.

To make matters even more historic, Trump is also running for president again in 2024. He is the current front-runner for the Republican nomination.

“We’ve never had a situation like this,” says Kathleen Hall Jamieson. Jamieson is the director of the Annenberg Public Policy Center at the University of Pennsylvania. “It’s like watching four-dimensional chess.”

Here are five things you need to know to make sense of the Trump indictments.

There are two federal cases. In June, Special Counsel Jack Smith charged the former president with keeping national security secrets without authorization. He was also charged with obstructing an investigation and making false statements in relation to the classified documents found at his Mar-a-Lago estate in Florida. On August 1, Smith charged Trump for his alleged role in trying to overturn the results of the 2020 presidential election. Charges include conspiracy to defraud the United States and conspiracy to violate civil rights. He is also charged with efforts to obstruct vote proceedings at the U.S. Capitol on Jan. 6, 2021.

“The attack on our nation’s Capitol on Jan. 6, 2021, was an unprecedented assault on the seat of American democracy,” Smith said when the charges were filed, adding, “It was fueled by lies—lies by the defendant, targeted at obstructing a bedrock function of the U.S. government.”

Two cases in state courts are also pending against the former president. In Georgia, Fulton County District Attorney Fani Willis has charged Trump and 18 others with trying to reverse the 2020 election results in Georgia. In New York, Manhattan District Attorney Alvin Bragg has charged Trump with falsifying business records related to payments made to an actress who claims to have had an affair with Trump.

There are also two cases in state courts against the former president. In Georgia, Fulton County District Attorney Fani Willis has charged Trump and 18 others with trying to reverse the 2020 election results in Georgia. In New York, Manhattan District Attorney Alvin Bragg has charged Trump with falsifying business records related to payments made to an actress who claims to have had an affair with Trump.

Trump and his allies say he’s done nothing wrong, that the indictments are politically motivated, and, according to his campaign, that they represent “a grave threat to American democracy.”

“They want to take away my freedom because I will never let them take away your freedom,” Trump told supporters at a campaign rally in New Hampshire.

Most Republican lawmakers—and most of the candidates competing with Trump for the Republican nomination—have backed Trump’s position.

Trump and his allies say he’s done nothing wrong. They say that the indictments are politically motivated. According to his campaign, they represent “a grave threat to American democracy.”

“They want to take away my freedom because I will never let them take away your freedom,” Trump told supporters at a campaign rally in New Hampshire.

Most Republican lawmakers, including candidates competing for the Republican nomination, have backed Trump’s position.

Yes. The Constitution requires that presidents be at least 35 years old, “natural born” U.S. citizens, and have lived in the U.S. for at least 14 years. Nowhere does it say that a person with a criminal record can’t run for the presidency.

In fact, it’s happened. In 1920, Eugene Debs ran for president as the Socialist Party candidate while serving a 10-year prison sentence under the Espionage Act for an anti-war speech he gave. Debs campaigned from his prison cell and won more than a million votes—but no electoral votes.

But there’s never been a major-party presidential candidate with a criminal conviction, much less one with a realistic shot at winning.

Yes. The Constitution requires that presidents be at least 35 years old and “natural born” U.S. citizens. Candidates must have lived in the U.S. for at least 14 years. Nowhere does it say that a person with a criminal record can’t run for the presidency.

In fact, it’s happened. In 1920, Eugene Debs ran for president as the Socialist Party candidate. He ran while serving a 10-year prison sentence under the Espionage Act for an anti-war speech he gave. Debs campaigned from his prison cell. He won more than a million votes. But he won no electoral votes.

But there’s never been a major-party presidential candidate with a criminal conviction, much less one with a realistic shot at winning.

In 2018, while still president, Trump tweeted, “I have the absolute right to PARDON myself.” But the power of a president to pardon himself has never been tested in the courts, and many legal experts question it.

“That would have to be decided by the Supreme Court,” Jamieson says.

If Trump wins the election, he could instruct the Justice Department to drop the two federal cases against him and all the other January 6 defendants. As president, Trump would decide whom to appoint (pending Senate confirmation) as attorney general to lead the Justice Department.

But the president would have no control over the two state court cases, in Georgia and New York, so those would continue winding through the system—though it’s possible any convictions might be put on hold if he were elected.

“We’re so far removed from anything that’s ever happened,” says Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley. “It’s just guessing.”

In 2018, while still president, Trump tweeted, “I have the absolute right to PARDON myself.” But the power of a president to pardon himself has never been tested in the courts. Many legal experts question it.

“That would have to be decided by the Supreme Court,” Jamieson says.

If Trump wins the election, he could instruct the Justice Department to drop the two federal cases against him and the other defendants.

As president, Trump would decide whom to appoint (pending Senate confirmation) as attorney general to lead the Justice Department.

But the president would have no control over the two state court cases, in Georgia and New York. Those would continue winding through the system. It’s possible any convictions might be put on hold if he were elected.

“We’re so far removed from anything that’s ever happened,” says Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley. “It’s just guessing.”

In a nation so polarized politically, views of the indictments split largely along party lines. Most Democrats view them as emblematic of the idea that no one, not even a former president, is above the law. Most Republicans see the charges as illegitimate.

So far, the indictments seem to have increased Trump’s popularity among his supporters. According to a recent CBS News/YouGov poll, 61 percent of likely Republican primary voters support Trump.    

“The indictments are honestly making my support even stronger,” says Sheri Hardy Candeni of California, Kentucky, adding, “Every time he gets indicted, it’s driving tens of thousands more of us to the polls.”

But the effect on more moderate Republicans and independents, whose support Trump would need to win in November 2024, is much less clear.

“When it comes to the general election,” says Larry Sabato, director of the University of Virginia’s Center for Politics, “the indictments won’t help, that’s for sure.”

But the effect on more moderate Republicans and independents is much less clear. Trump would need their support to win in November 2024.

“When it comes to the general election,” says Larry Sabato, director of the University of Virginia’s Center for Politics, “the indictments won’t help, that’s for sure.”

With reporting by Maggie Astor, Ruth Igielnik, Jonathan Swan, Shane Goldmacher, and Maggie Haberman of The New York Times.

With reporting by Maggie Astor, Ruth Igielnik, Jonathan Swan, Shane Goldmacher, and Maggie Haberman of The New York Times.