Federal prosecution of Donald Trump (election obstruction case)

United States v. Trump
Seal of the U.S. District Court for the District of Columbia
CourtUnited States District Court for the District of Columbia
Full case name United States of America v. Donald J. Trump
Docket nos.1:23-cr-00257-TSC
Charge
Court membership
Judge sittingTanya S. Chutkan (District Judge)

United States of America v. Donald J. Trump was a federal criminal case against Donald Trump, former president of the United States from 2017 to 2021 and the current president of the United States since 2025, regarding his alleged participation in attempts to overturn the 2020 U.S. presidential election, including his involvement in the January 6 Capitol attack.

Trump has pleaded not guilty for having attempted to overturn the results of the election through a plot in which pro-Trump slates of fake electors would be created. Trump pressured then-vice president Mike Pence to count the fake electors instead of the electors certified by state governments. The Department of Justice opened an investigation in January 2022 into the plot, expanding it to encompass January 6, 2021. In November 2022, Attorney General Merrick Garland appointed Jack Smith to lead a special counsel investigation encompassing the investigations into attempts to overturn the election and Trump's handling of government documents.

On August 1, 2023, a grand jury indicted Trump in the District of Columbia U.S. District Court on four charges for his conduct following the 2020 presidential election through the January 6 Capitol attack: conspiracy to defraud the United States under Title 18 of the United States Code, obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002, and conspiracy against rights under the Enforcement Act of 1870. The indictment mentioned six unnamed co-conspirators. It is Trump's third indictment and the first indictment against a U.S. president concerning actions while in office. Trump appeared at an arraignment on August 3, 2023, where he pleaded not guilty. The charge with the longest sentence carries a maximum of 20 years in prison.

On February 2, 2024, Judge Tanya Chutkan said she would not schedule a trial until the DC Circuit Court of Appeals decided whether Trump was immune from prosecution. After that court unanimously ruled that Trump was not immune, Trump appealed to the U.S. Supreme Court, which ruled on July 1 that former presidents have "some immunity from criminal prosecution" for their "official acts" made during their presidency. As a result, on August 27, the special counsel issued a superseding indictment that maintained the same four charges but omitted some specific allegations.

Following the election of Trump and his current Vice President JD Vance on November 6, 2024, Smith filed a motion to dismiss the case without prejudice, citing the DOJ's policy of not prosecuting sitting Presidents. On November 25, 2024, Judge Chutkan approved the request and dismissed the charges. In January 2025, the special counsel report was released, in which "the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."