criminal law assigment
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Feb 20, 2024
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Uploaded by CommodoreSnowSquirrel31
Adriana Ciacciarella
Criminal Practice and Procedure
Law Professor Ongcapin, Esq.
February 5, 2024
Criminal Law Assignment
United States V. Donald Trump
In this case against United States V. Donald Trump, of the United States District Court, District
of Columbia. Special Counsel Jack Smith indicted defendant Mr. Trump on August 1, 2023, after
violence broke out at the Capitol on January 6, 2021, in Trump's alleged attempts to overturn
election results from the 2020 Presidential election. The prosecution argued that the actions made
by Trump were an elicit attack on the peaceful transfer of Powers which is a century-old tradition
of American Democracy. Mr. Trump is being charged with two counts of obstructing an official
proceeding in violation of 18 U.S.C. § 1512(k), id., and conspiracy to obstruct an official
proceeding in violation of 18 U.S.C. §§ 1512(c)(2), 2, id. , one count of conspiracy to defraud the
United States government in violation of 18 U.S.C. § 371, id., and one count of conspiracy to
violate human civil rights in violation of 18 U.S.C. § 241, id..
Despite losing the 2020 election, Trump was determined to remain President which led to Trump
spreading false accusations that fraud had occurred in the election and that he was the actual
winner of the election. This was one of the many ways that he obstructed an official proceeding.
Trump and six other co-defendants made efforts to obstruct and defeat the electoral process
through means of fraud, deceit, and dishonesty. In regard to defrauding the U.S. government,
Trump pressured officials including then Vice President Pence to overturn votes and disregard
and undermine the official counting of votes. Trump allegedly denied voters the right for their
votes to be counted which coincides with violating civil rights.
Donald Trump has pleaded not guilty to the alleged criminal misconduct and is set to be in court
on March 4, 2024. His defense is that he should have immunity from prosecution on any actions
taken while serving as President, however that motion to dismiss was thrown out by a trial court
judge who also imposed a gag order on him banning any further public statements where Trump
could attack others involved in the case. The case can further be appealed by either side.
Trump acted unprofessional and did not depict leadership quality in any of these actions. Inciting
violence in our nation and destroying the faith we have as Americans in the electoral process and
the U.S. government's ability to run our country correctly was uncalled for. Source United States of America v. Donald Trump (2023) | FindLaw - FindLaw Caselaw
,
caselaw.findlaw.com/court/us-dis-crt-dis-col/115576644.html. Accessed 5 Feb. 2024.
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