Washington, D.C. Trump Federal 2020 Election Subversion Indictment

Indictment of former President Donald Trump by a federal grand jury in Washington, D.C. Trump was indicted on four counts relating to his efforts to overturn the results of the 2020 presidential election.

“[F]or more than two months following election day on November 3, 2020, the Defendant [Donald Trump] spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false,” the indictment reads. 

According to the unsealed indictment, Trump is charged with:

1. Conspiracy to defraud the United States;
2. Conspiracy to obstruct an official proceeding;
3. Obstruction of and attempt to obstruct an official proceeding and
4. Conspiracy against the right to vote and have one’s vote counted.

On Aug. 3, 2023, Trump pleaded not guilty as his arraignment in Washington, D.C. On Oct. 17, the court entered a gag order prohibiting Trump from making public statements about U.S. Department of Justice attorneys, the court’s staff and witnesses. Trump appealed the order to the U.S. Circuit Court of Appeals for the D.C. Circuit, which largely upheld the order on Dec. 8.

On Dec. 1, the district court denied Trump’s motion to dismiss the indictment based on presidential immunity grounds. On Dec. 7, Trump appealed this ruling to the D.C. Circuit.

On Dec. 11, 2023, the government filed a petition for writ of certiorari in the U.S. Supreme Court asking it to rule on whether Trump is immune from criminal charges for actions he took while serving as president.

Meanwhile, on Dec. 13, the district court granted Trump’s request to stay proceedings while his presidential immunity appeal plays out.

On Dec. 22, the Supreme Court denied the government’s petition for a writ of certiorari. Litigation is ongoing in the D.C. Circuit regarding Trump’s immunity from criminal prosecution.

On Feb. 2, 2024, the district court vacated the trial’s start date, which was set to begin on March 4. The court has not yet scheduled a new date for the trial.

On Feb. 6, the D.C. Circuit affirmed that Trump is not absolutely immune from criminal liability for actions he took wile in office. On Feb. 12, Trump filed an application asking the Supreme Court to pause the D.C. Circuit’s immunity ruling.

On Feb. 29, the Court scheduled oral argument for April 25, 2024, to decide whether Trump is immune from criminal prosecution for conduct alleged to involve official acts during his tenure in office. In the meantime, the D.C. Circuit’s ruling remained on hold pending a decision from the Supreme Court on the presidential immunity question following oral argument.

On July 1, the Court ruled that former presidents have absolutely immunity for their official acts but not for their unofficial acts. The case will continue in district court to determine which charges in the indictment can still be prosecuted.

On July 1, 2024, the U.S. Supreme Court held in a 6-3 opinion that Trump has absolute presidential immunity for official acts, but not for unofficial acts. The case will be remanded to the district court to determine which of the charges in the indictment are related to unofficial conduct and can go forward. A status conference is scheduled in the district court for Sept. 5.

On Aug. 27, 2024, the prosecution filed a superseding indictment in response to the U.S. Supreme Court’s ruling, which contains the same four charges as the original indictment.

RESULT: On Nov. 25, 2024, the government moved to dismiss the indictment without prejudice in light of Trump’s re-election. The court granted the motion the same day, thereby ending the case.

Last updated: December 5, 2024 5:05 pm EST