Prosecutors are scrutinizing Mr Trump’s allies’ plan to form alternative pro-Trump electorate groups to undo Joseph R. Biden Jr.’s victory in key states, with a federal grand jury issuing summonses to those involved. This investigation brings prosecutors closer to Mr. Trump’s inner circle than any other investigation.
No incumbent or former president has ever been tried. Aaron Burr was accused of treason after stepping down as vice president in a highly politicized White House-led case by President Thomas Jefferson, but was acquitted after a sensational trial. Ulysses S. Grant, while president, was arrested for speeding with his horse and buggy. Spiro T. Agneu resigned as vice president as part of a plea deal in a corruption case.
The closest to accusing the former president was after Richard M. Nixon resigned in the Watergate scandal in 1974, but his successor Gerald R. Ford interrupted the investigation, pardoning him in advance, arguing that the country should move forward. Mr Clinton, in order to avoid allegations of perjury after leaving office, agreed on his last all-day White House deal with Mr Ray, in which he admitted to giving false testimony under oath for his affair with Monica S. Lewinsky temporarily surrendered her license and paid a $ 25,000 fine.
If the Department of Justice charges Mr. Trump, the process will be significantly different from hearings in the House of Representatives in ways that affect the scope and pace of any investigation. Investigators will have to search thousands of hours of video and the full contents of the devices and online accounts they have access to for evidence in support of their case, and anything a lawyer can use to break it down. Federal prosecutors will also likely have to convince appellate judges and the majority of Supreme Court judges of the validity of their case.
Despite all the pressure the House of Representatives committee has placed on the Ministry of Justice, it has opposed the sharing of information. In April the department requested transcripts of witness interrogations from the commission, but the panel refused to hand over the documents because its work was ongoing.
Although critics blame Mr Garland, prosecutors general do not usually lead the day-to-day running of investigations. Mr Garland is briefed almost daily on the progress of the investigation, but it is led by Matthew M. Graves, a US prosecutor in Washington who works with national security and criminal justice officials. Lisa O. Monaco, the Deputy Prosecutor General, is generally overseeing the investigation.
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