Here's what the statutes reportedly referenced in Trump's target letter could mean for a potential indictment:
President Donald Trump speaks to supporters from The Ellipse near the White House on January 6, 2021, in Washington, DC.The three separate criminal statutes that sources say are referenced in theformer President Donald Trump received over the weekend could offer hints as to what he could ultimately be charged with if special counsel Jack Smith moves forward with indicting him over his efforts to overturn the 2020 election.
Here's what legal experts say the indictment could look like if Trump is ultimately charged with respect to his and others’ alleged conduct regarding his election loss.According to the U.S. criminal code, this potential charge would relate to 18 U.S.C. 371, a general conspiracy statute making it an offense if "two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.
"That's almost like an omnibus that you could fit a lot of conduct under, as long as the government is the victim," Devaney said. "It gives prosecutors kind of an alternative way to charge the idea that these defendants agreed to obstruct the lawful functions of the U.S. in conducting and certifying the presidential election," Eliason said. "So you can argue that conspiracy was pressuring state officials, part of the conspiracy was sending the fake electors, part of it was summoning the mob on Jan. 6 and sending to the Capitol, part of it was pressuring [former Vice President] Mike Pence.
"I'm guessing the way they would frame this would be that Trump conspired with others to deprive the voters, maybe those seven states where they were contesting the election -- deprive those voters of their right to vote, basically," Eliason said. Asha Rangappa, a former FBI special agent and ABC News contributor, said the statute could also offer a way for Smith to address the assault on the Capitol in his indictment of Trump without having to tie Trump directly to it.
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