Legal expert analyzes 5 'major investigations' that Trump is facing as he launches another presidential run

18 November 2022

There have been many firsts with former President Donald Trump, who was the first president in U.S. history to be impeached twice and the first to lose an election only to spend the next two years falsely claiming, time and time again, that he really won. Trump is also the first ex-president in U.S. history to announce another presidential run at a time when he is facing multiple simultaneous investigations — some civil and some criminal, some federal and some at the state level.

On Tuesday night, November 18, Trump officially announced that he is seeking the 2024 GOP presidential nomination. It wasn’t an announcement that everyone on the right welcomed. Fox News owner Rupert Murdoch, according to the Daily Beast, believes that Trump has way too much baggage and is determined to promote Florida Gov. Ron DeSantis as the Republican presidential candidate for 2024.

Trump’s announcement comes at a time when some on the right are blaming him for the GOP’s underperformance in the 2022 midterms and he is being investigated by everyone from the U.S. Department of Justice (DOJ) to New York State Attorney General Letitia James to Fulton County, Georgia District Attorney Fani Willis. Attorney Ankush Khardori offers an in-depth legal analysis of five Trump-related investigations in an article published by the New York Times on November 18, noting the possible outcomes.

The five investigations are: (1) “the classified documents investigation,” (2) “the January 6 investigation,” (3) “the Manhattan district attorney’s investigation,” (4) “the Georgia election investigation,” and (5) “the New York State civil case.”

“Donald Trump and his business empire are currently the subjects of no fewer than five major simultaneous investigations, a truly extraordinary challenge for anyone, let alone a former and possibly future president of the United States,” Khardori explains. “These are complicated investigations, with long and winding paths to resolution. They involve scores of federal and state investigators and witnesses across the country, from politicians eager to shield themselves from scrutiny to employees turning on their colleagues to a former president who knows how to navigate — and manipulate — the legal system like no one else.”

#1 and #2 are federal criminal investigations being conducted by the DOJ, one for keeping government documents at Mar-a-Lago instead of handing them over the federal government when he left office, and the other for activities related to the January 6, 2021 attack on the U.S. Capitol Building. In #3, according to Khardori, Manhattan DA’s Office investigators are asking: “Did the Trump Organization commit tax fraud or other financial crimes?” And with #4, the big question for Willis is: “Did Trump break the law to try to overturn his 2020 election loss in Georgia?”

Both #3 and #5 are investigations of the Trump Organization’s financial activities. The question that James is asking with #5, according to Khardori, is, “Did Trump and his children lie to lenders and insurers about the Trump Organization’s financial condition?” But while James’ probe is a civil investigation, the Manhattan DA’s Office is conducting a criminal investigation. Allen Weisselberg, known for his many years as chief financial officer for the Trump Organization, has been charged with financial crimes by the Manhattan DA’s Office, but Trump himself hasn’t been charged with anything.

The question that James is asking with #5, according to Khardori, is, “Did Trump and his children lie to lenders and insurers about the Trump Organization’s financial condition?” James’ probe is a civil investigation, while the Manhattan DA’s Office is conducting a criminal investigation. Allen Weisselberg, known for his many years as chief financial officer for the Trump Organization, has been charged with financial crimes by the Manhattan DA’s Office, but Trump himself hasn’t been charged with anything.

With all five investigations, Khardori describes the types of charges Trump could face and the possible legal “offramps” for him. Trump, Khardori notes, hasn’t been charged with anything in connection with these investigations. And even if he is indicted in any of the criminal probes, that doesn’t necessarily mean that a jury will find him guilty or that he will go to prison.

Plus, Khardori observes, Trump has the option of appealing any possible convictions.

“The public has very little visibility into how these investigations are proceeding day by day, as government officials quietly gather evidence and plan their next moves,” Khardori explains. “Any number of unexpected developments — surprise witnesses, hung juries and perhaps even a special counsel empowered to oversee Justice Department investigations — could slow or derail their work. The announcement of Mr. Trump’s candidacy for president does not halt any of these investigations, but it could affect how prosecutors weigh their options, and his uniquely polarizing status could affect how judges and juries resolve any cases that make it to trial. Were he to win the election, he could put an end to any pending federal prosecutions or investigations once in office.”

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