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.
