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Trump still faces these crimes in the Justice Department's Jan. 6 case – and they could all result in prison time

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Prosecutors on Tuesday scaled back charges in their federal case against former President Donald Trump for attempting to overturn the 2020 election after the Supreme Court granted Trump some immunity. But he still faces four federal crimes, including conspiracy to defraud, obstruction of justice and conspiracy to violate rights — all of which could carry a prison sentence if convicted.

Key data

The updated indictment retains the same four counts that Trump was originally charged with: conspiracy to defraud the United States (18 US Code § 371), conspiracy to obstruct an official proceeding (18 US Code § 1512), obstruction and attempted obstruction of an official proceeding (18 US Code § 1512), and conspiracy to violate rights (18 US Code § 241).

Conspiracy to defraud the United States: Section 371 of the United States Code (18) makes it a crime for two or more persons to “conspire either to commit an offense against the United States or to defraud the United States” or any federal agency, and for any of those persons to do any act that would prejudice the object of the conspiracy. If convicted, the penalty is a fine or, at most, a term of imprisonment for five years.

The Justice Department accused Trump of conspiracy to commit election fraud because of his comprehensive plan to overturn the election results, claiming that the former president “[used] Dishonesty, fraud, and deception to impair, obstruct, and defeat the lawful function of the Federal Government by which the results of the Presidential election are recorded, counted, and certified by the Federal Government.”

Obstruction of an administrative procedure: 18 US Code § 1512 criminalizes the “obstruction[ing]Influence[ing]or disabled[ing] Obstructing an official proceeding or attempting to do so is punishable by a fine or imprisonment for up to 20 years. The same penalty may also apply to conspiracy to obstruct an official proceeding under Section 1512.

This charge was brought against Trump because he allegedly tried to prevent Congress from certifying the vote count and because he successfully “overturned the[ing] and disabled[ing] an official procedure” when the vote count was delayed by the attack on the Capitol on January 6.

Conspiracy against rights: 18 U.S. Code § 241 makes it a crime for two or more persons to “conspire to injure, oppress, threaten, or intimidate Americans in the free exercise or enjoyment of any right or privilege” granted to them by the Constitution or federal laws, or to conspire to oppress them for exercising that right. This crime is punishable by a fine or up to ten years in prison, provided the crime does not result in death or bodily injury.

Although the law was originally passed in the 19th century to punish members of the Ku Klux Klan, it has more recently been used to prosecute election fraud. The indictment alleges that Trump attempted to “harm, oppress, threaten and intimidate” Americans from exercising their right to vote by attempting to overturn the election results.

What you should pay attention to

Trump's case will now resume in federal district court after being on hold for months while the Supreme Court ruled on the immunity issue. Prosecutors and Trump's lawyers will file reports by Friday outlining how they plan to proceed with the case from here, and U.S. District Judge Tanya Chutkan will hold a hearing on the case on Sept. 5. Trump's lawyers will likely challenge the updated indictment because it still violates the Supreme Court's immunity ruling, and it remains to be seen which charges will ultimately go to trial – a process that will likely take a while and could go back to the Supreme Court.

Main critics

Trump has pleaded not guilty to the charges against him, but faces a new trial under the updated indictment. The ex-president has called the case against him a “witch hunt” and railed against the updated indictment on Truth Social on Tuesday, saying the “ridiculous new indictment…has all the problems of the old indictment and should be dismissed IMMEDIATELY.” “This is nothing but an attempt to influence the election,” Trump claimed, going on to say “the entire case should be dismissed and thrown out on presidential immunity grounds.”

How has the charge changed?

The updated indictment — now 36 pages, up from the original 45 — contains small changes to more clearly argue that Trump acted as a candidate, not president, in his efforts to overturn the 2020 election. The Supreme Court ruled that Trump cannot be charged for activities that fall within his “official” duties as president, but he can still be charged for “unofficial” acts outside of his scope of duties. The first paragraph of the new indictment describes Trump as a candidate and mentions his tenure as sitting president only in passing in the second paragraph, whereas the original indictment mentioned him as president in the first sentence. The document also emphasizes that Trump’s co-conspirators, such as former lawyer Rudy Giuliani, were not government officials and were all “acting in their private capacities.” While this did not affect any of the charges, the updated indictment removed some allegations that relate more directly to Trump’s work as president. These include, for example, that he put pressure on Justice Department officials to help overturn the election results – which, according to a Supreme Court decision, falls under immunity. A reference to Trump's chief of staff, Mark Meadows, observing the vote count in Georgia was also deleted.

Important background

Trump and his allies launched a major effort in several states to overturn the outcome of the 2020 election. This included a nearly entirely unsuccessful legal campaign, a “fake electors” scheme to submit false electoral slates to Congress, and an attempt to prevent Congress from certifying the votes, which ultimately led to the January 6 Capitol riot. The Justice Department has been investigating the January 6 riot since shortly after the incident, and reports surfaced last summer that investigators appeared to be focusing on Trump's actions after the election as part of the criminal investigation. Charges against Trump were first filed in August 2023, alleging that Trump “spread lies” and sowed “widespread distrust” about the 2020 election despite knowing his claims were false in order to stay in power. Trump attempted to dismiss the charges on the grounds that he enjoyed “presidential immunity.” Although Chutkan and a panel of appeals courts disagreed, the Supreme Court largely ruled in Trump's favor, arguing that he could not be impeached because of his official duties while in office.

More information

ForbesJack Smith files new charges against Trump in January 6 caseFrom Alison Durkee
ForbesTrump claims Jack Smith couldn't file updated charges before the election – here's why it's wrongFrom Alison DurkeeForbesWhat could happen to Trump's legal battles if he wins – or loses – the election?From Alison DurkeeForbesTrump's legal battles – including his conviction: What happens on Election Day while the fraud case is appealedFrom Alison Durkee

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