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Fact check: What specific laws is the current president accused of violating?
Executive Summary
The core claims across the materials are that the current president, Donald J. Trump, faces multiple criminal accusations spanning state and federal jurisdictions, including 34 felony counts of falsifying business records in New York, federal counts alleging willful retention of national defense information, and federal conspiracy and obstruction charges tied to efforts to overturn the 2020 election. The record shows a convicted New York verdict on the falsified records counts in May 2024 and multiple federal indictments and a superseding indictment alleging violations of statutes such as 18 U.S.C. § 793(e), 18 U.S.C. § 1512(k), and 18 U.S.C. § 1001(a)[1] in the classified-documents and election-interference matters [2] [3] [4].
1. What the record says he is accused of — the headline allegations that dominate coverage
Across the sources, the repeated, concrete allegations fall into three clusters: the New York state falsified business records case tied to hush-money payments; the federal classified-documents case alleging unlawful retention of national defense information and obstruction; and the federal election-interference matters alleging conspiracy and obstruction to overturn the 2020 election result. The New York conviction and accompanying 34-felony-count verdict are reported as a settled jury outcome from May 2024, while federal indictments in Florida and a superseding indictment in the special counsel’s election probe list both document counts for willful retention of national defense information and for obstructive conspiracies and false statements. These clusters appear consistently across contemporaneous reporting and court filings [2] [3] [5] [4].
2. The specific federal statutes and state law named in public filings and reporting
Public filings and the superseding indictment identify specific federal statutes alleged to have been violated: 18 U.S.C. § 793(e) (willful retention of national defense information), 18 U.S.C. § 1512(k) (conspiracy to obstruct justice/evidence tampering provisions used to charge obstruction-related conspiracies), and 18 U.S.C. § 1001(a)[1] (making false statements), among additional counts described in the superseding indictment. The New York charges are state felony counts for falsifying business records under New York law; the jury found guilt on 34 such counts related to alleged payments intended to influence the 2016 election. Reporting and the unsealed court documents make clear that the federal and state charges are distinct legal theories pursued in parallel by different prosecutorial authorities [4] [2] [5].
3. What has been resolved in court and what remains pending — a timeline of outcomes and outstanding matters
By late May 2024, a New York jury delivered a verdict convicting Trump on 34 felony counts of falsifying business records relating to concealment of a $130,000 payment, an outcome reported and summarized in multiple outlets. Federal matters remain active: the Southern District of Florida case about classified documents includes counts for willful retention, obstruction, and false statements; the special counsel’s election-related indictments and superseding filings allege conspiracies to overturn the 2020 result and obstruction of official proceedings. Appeals, immunity arguments, and motions to dismiss have been litigated in appellate courts, with at least one federal appeals court rejecting a broad presidential-immunity defense tied to the election-related charges [2] [3] [6].
4. The legal defenses and immunity arguments judges and courts have addressed
Courts have examined claims of presidential immunity and other defenses. An appellate ruling rejected the notion that a former president enjoys blanket immunity for alleged criminal acts to overturn an election, holding that conspiracy and obstruction charges are not categorically shielded by presidential immunity. The Supreme Court’s past frameworks for immunity (absolute, presumptive, none) inform but do not resolve these specific prosecutions; prosecutors contend many of the charged acts are unofficial or obstructive and therefore not protected. Defendants have sought to invoke immunity and other procedural protections to avoid trial, and prosecutors have countered that the alleged crimes fall outside protected official acts [6] [7] [8].
5. Where reporting and filings diverge or leave gaps — what to watch next
Reporting diverges on granular counts and totals across filings and news cycles: early articles reference different counts and phrasing, superseding indictments expand charges (raising counts to 42 in one filing), and some summaries omit specific statutory citations even as court documents list them. Sources vary in publication date and focus—some emphasize the New York conviction, others the evolving federal indictments—so readers must track unsealed filings and updated superseding indictments for authoritative counts and statutes. Key gaps remain on prosecutorial proofs that will be presented at trial and on appellate outcomes for immunity and evidentiary rulings that could materially alter which statutes are ultimately adjudicated at trial [9] [4] [3].
Bottom line: Multiple, distinct criminal allegations allege violations of New York falsified business records law and several federal statutes including 18 U.S.C. § 793(e), § 1512(k), and § 1001(a)[1]; a New York felony conviction on falsified records was recorded in May 2024, while federal indictments and a superseding indictment remain active and contested in court [2] [4] [3].