If Trump is prosecuted, obstruction of justice, bribery and conspiracy to defraud the U.S. could be among the charges.
The next attorney general of the United States faces two daunting decisions: whether to investigate possible criminal conduct by a former president and members of his administration, and if so, whether to file charges.
The Justice Manual directs federal prosecutors to bring charges if they believe that an offense has been committed, if the admissible evidence is enough “to obtain and sustain a conviction,” and if prosecution will serve a substantial federal interest.
It will be up to the attorney general to decide whether filing criminal charges against Donald Trump and his aides best serves justice, but public reporting suggests there is evidence that could support such charges. State prosecutors also may have evidence of illegal conduct. The statute of limitations for most federal offenses is five years. That means crimes that occurred as far back as 2016 could be charged until their anniversary date in 2021. Older offenses may also be charged if the conduct was part of an ongoing conspiracy — for instance, if a coverup continued within the five-year period covered by the statute. Trump has engaged in other deplorable conduct that probably does not amount to criminal activity. Hiding accurate information about the coronavirus epidemic, for example, may have contributed to the deaths of Americans, but the causal connection is probably too tenuous to charge him with crimes such as negligent homicide or manslaughter. Some say Trump’s conduct toward Russia is treason — including his silence following reporting about Russian bounties on U.S. soldiers in Afghanistan — but this is a nonstarter. Conduct cannot amount to treason unless a person provides aid and comfort to an enemy with whom our nation is engaged in armed conflict. Continue reading.