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Donald Trump's legal complications escalated this week as Special Counsel Jack Smith identified him as a subject of the ongoing criminal investigation into the post-2020 election activities. The former president's potential criminal charges were outlined in a letter from Smith, indicating the gravity of the investigation and hinting at the possibility of future charges related to the Special Counsel’s probe.

The letter, received by Trump's attorneys, including Todd Blanche, lays out potential charges encompassing civil rights infringement, conspiracy against the United States, and witness tampering. Although details remain scarce, these charges are related to alleged attempts to overturn the 2020 election results.

The Intricacies of the Potential Charges

The Special Counsel's letter invokes a range of statutes under which Trump could face charges, including deprivation of rights, a term commonly associated with civil rights cases and election-related offenses. This aspect of the Special Counsel’s probe draws on historical Reconstruction-era civil rights laws intended to prevent any interference with American citizens' constitutional or legal rights.

Trump's post-election conduct might have violated these statutes, with implications spanning from interfering with Vice President Mike Pence's duties to the rights of the "actual electors." These allegations are reminiscent of past cases involving ballot interference and vote tampering.

A possible angle to the Special Counsel’s probe could revolve around the so-called "fake electors scheme." This scenario, along with Trump's calls to officials in Georgia or Arizona or the events surrounding the January 6, 2021, certification ceremony, could be potential sources of liability.

The Threat of Witness Tampering and Conspiracy Charges

The Special Counsel's probe also explores the possibility of witness tampering charges. This could refer to conventional witness tampering or a more nuanced obstruction of an "official proceeding," a statute previously used against Capitol rioters.

Notably, this charge was instrumental in the Justice Department's prosecution strategy for the Capitol breach cases. Similar to those instances, Trump could face this charge if it can be shown that he intended to disrupt the validation of President Joe Biden's 2020 election victory.

The final charge outlined in Smith's letter pertains to the general conspiracy statute, which covers any planning to violate a US law. This charge was previously cited in litigation surrounding the House Select Committee investigating the January 6 events.

The Special Counsel’s probe, amid this multitude of potential charges, seems to focus on an alleged "scheme to steal the election" rather than the physical assault on the Capitol, offering a broader view of a potential criminal conspiracy.