In 2023, four criminal indictments were filed against Donald Trump, then a former president of the United States. Two indictments are on state charges (one in New York and one in Georgia) and two indictments (as well as one superseding indictment) are on federal charges (one in Florida and one in the District of Columbia).[1]
Trump has pleaded not guilty to all charges against him.[10][11][12][13] Neither the indictments nor any resulting convictions would have disqualified his 2024 presidential candidacy.[14][15] The Supreme Court separately addressed Trump's eligibility to be on the ballot and reversed all disqualifications by individual states. On July 1, 2024, the Court ruled 6–3, that Trump had immunity for acts he committed as president that were considered official acts, while also ruling that he did not have immunity for unofficial acts.[16] On November 6, Trump won the 2024 election and as president-elect; after inauguration, Justice Department policy would preclude his prosecution and Trump has previously stated he will fire Smith; Smith resigned before Trump's inauguration.[17][18]
Trump was indicted in June 2023 in the United States District Court for the Southern District of Florida in a federal indictment related to classified government documents. Trump faced 40 criminal charges alleging mishandling of sensitive documents and conspiracy to obstruct the government in retrieving these documents.[23][26] The trial was scheduled for May 20, 2024,[27] before being postponed indefinitely on May 7, 2024.[28] On July 15, 2024, Judge Aileen Cannon dismissed the case, ruling Jack Smith's appointment as special counsel was unconstitutional.[6] The Office of the Special Counsel appealed the dismissal to the Eleventh Circuit Court of Appeals, but it later chose to wind down the case following Trump's election in November 2024, in part due to its long-standing department policy not to prosecute a sitting president.[29] It abandoned its appeal regarding Trump (which the court dismissed on November 25)[30][31] and regarding Nauta and de Oliveira (dismissed on January 29, 2025).[32]
August 2023 federal indictment in Washington, D.C.
Trump was indicted in August 2023 in the United States District Court for the District of Columbia in a federal indictment related to attempts to overturn the 2020 presidential election. Trump faces four criminal charges of conspiring to defraud the government and disenfranchise voters, and corruptly obstructing an official proceeding.[23] This case includes Trump's involvement in the January 6 U.S. Capitol attack. On February 6, the DC Circuit Court of Appeals ruled that Trump does not have presidential immunity from prosecution.[33] In an appeal on July 1, 2024, the United States Supreme Court ruled 6–3, along ideological lines, that Trump had immunity for acts he committed as president that were considered official acts, while also ruling that he did not have immunity for unofficial acts. The case was returned to Judge Tanya Chutkan on August 2 in accordance with Supreme Court rules.[34] On November 25, 2024, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia dismissed the case without prejudice.[22]
Trump was indicted on state charges in an August 2023 indictment in Georgia. Trump faces 8 criminal charges related to alleged attempts to overturn Joe Biden's victory in Georgia, alongside 18 accused co-conspirators.[19][35][36] Trump initially faced 13 criminal charges, 5 of which were dismissed.[35][37] On December 19, 2024, the Georgia Court of Appeals disqualified Willis from prosecuting the case.[5] The case had been paused while the court decided this issue.[38] As the court did not dismiss the case, another prosecutor could take Willis's role; however, it will have to be determined whether a state-level prosecutor can prosecute a sitting president (as Trump has been from January 20, 2025, onward) and whether a state-level judge will hear the case.[39]
^Smith sought to remove Trump as a co-defendant on November 25, 2024. The Eleventh Circuit Court of Appeals granted Smith's motion to remove Trump as a co-defendant on November 26, 2024.[21]