In a historic and deeply consequential legal development, former U.S. President Donald J. Trump was indicted by a federal grand jury in Washington, D.C., on four felony charges related to his efforts to overturn the results of the 2020 presidential election and obstruct the peaceful transfer of power. This indictment, returned on August 1, 2023, marked the first time in American history that a former president has faced federal criminal charges for actions taken while in office.
The charges were brought by Special Counsel Jack Smith as part of a long-running investigation into the events surrounding the aftermath of the 2020 election and the January 6, 2021, attack on the U.S. Capitol. Prosecutors allege that Trump engaged in a coordinated effort to subvert democratic processes even after losing the election to President Joe Biden.
The Four Federal Charges Explained
According to the indictment, Trump is facing the following four counts:
- Conspiracy to Defraud the United States
This charge alleges that Trump and unnamed co-conspirators used deception, fraud, and dishonest tactics to impair, obstruct, and defeat the lawful functions of the federal government — especially the processes related to collecting, counting, and certifying electoral votes. Prosecutors say the goal was to “undermine public confidence” in the election results and improperly retain power despite losing. - Conspiracy to Obstruct an Official Proceeding
This count stems from alleged plans to delay or prevent the formal certification of the election by Congress on January 6, 2021. The indictment says Trump and his allies discussed ways to impact the proceedings meant to finalize the Electoral College count. - Obstruction of and Attempt to Obstruct an Official Proceeding
Closely related to the second charge, this accusation focuses on the actual attempt to obstruct and then to obstruct the joint session of Congress. This is the same basic charge used against many individuals who participated in the January 6 Capitol breach. - Conspiracy Against Rights
This charge alleges that Trump and his co-conspirators sought to infringe on citizens’ constitutional rights — specifically the right of voters to have their lawful votes counted and certified. Prosecutors say the conduct was designed to intimidate and interfere with the fundamental democratic process.
