On August 1, 2023, a federal grand jury in Washington, D.C. returned a four-count indictment against Donald John Trump for his efforts to overturn the results of the 2020 presidential election and obstruct the peaceful transfer of power. The 45-page indictment laid out what Jack Smith called a conspiracy involving “dishonesty, fraud, and deceit” aimed at the most fundamental act of American democracy: counting the votes.
The Four Charges
Conspiracy to defraud the United States (18 U.S.C. § 371). Trump used “knowingly false claims of election fraud” to obstruct the lawful federal function of collecting, counting, and certifying election results.
Conspiracy to obstruct an official proceeding (18 U.S.C. § 1512(k)). Trump conspired to obstruct the January 6 congressional certification of the Electoral College vote.
Obstruction of and attempt to obstruct an official proceeding (18 U.S.C. § 1512(c)(2)). Trump obstructed and attempted to obstruct the certification.
Conspiracy against the right to vote (18 U.S.C. § 241). Trump conspired to “injure, oppress, threaten, and intimidate” citizens in exercising their right to vote and have their votes counted.
The Conspiracy
The indictment described six unnamed co-conspirators who helped Trump execute three overlapping schemes:
Scheme One: Use knowingly false claims of election fraud to pressure state officials to change election results. Trump called Georgia’s Secretary of State and told him to “find 11,780 votes.” He pressured officials in Arizona, Michigan, Pennsylvania, and Wisconsin. They said no. He kept lying.
Scheme Two: Organize fraudulent slates of electors in seven states Trump lost. These fake electors signed documents falsely claiming they were the legitimate electors. The plan was to use these fraudulent certificates to create a pretext for Pence to reject the real results on January 6.
Scheme Three: Use the DOJ to legitimize the lies. Trump tried to install Jeffrey Clark — a mid-level DOJ official with no relevant experience — as acting Attorney General because Clark was willing to send letters to state officials falsely suggesting the DOJ had found election fraud. Only the threat of mass resignations by DOJ leadership stopped it.
The Pence Pressure Campaign
At the center of it all: Trump’s relentless pressure on Vice President Mike Pence to either reject legitimate electoral votes or send them back to states on January 6. Pence told Trump he didn’t have that authority. Trump’s own lawyers told him Pence didn’t have that authority. The indictment alleged Trump knew Pence couldn’t do it — and pressured him anyway. On January 6, with the mob at the Capitol chanting “hang Mike Pence,” Trump tweeted that Pence “didn’t have the courage.”
How It Ended
After the Supreme Court ruled in July 2024 that presidents have broad immunity for “official acts,” Smith filed a narrowed superseding indictment. Then Trump won the 2024 election. On November 25, 2024, Smith moved to dismiss the case, citing longstanding DOJ policy that a sitting president cannot be indicted. The charges were dropped. Not because Trump was innocent. Not because the evidence was insufficient. Because he won.
Bottom Line
A former president was charged with conspiring to steal an election. The indictment documented fake electors, DOJ corruption, pressure on a vice president, and knowingly false claims — all to hold onto power he’d been voted out of. The evidence was overwhelming. The co-conspirators were identifiable. The scheme was documented in real time. And it all evaporated the moment he won the next election. Jack Smith did his job. The system around him did not.
Sources
- U.S. Department of Justice: Full 45-page indictment, United States v. Trump, Case 1:23-cr-00257.
- Associated Press: Indictment coverage, four charges detailed, August 1, 2023.
- New York Times: Annotated indictment with analysis of each scheme.
- CREW: Case outcome tracking — charges dropped November 25, 2024.