Trump should be indicted on federal charges, but given the explosive political atmosphere and the propensity for violence among a sizable number of his cult, the Department of Justice may choose to avoid the possibility of triggering widespread civil unrest and violence. Everything involving or surrounding Trump is so volatile and unpredictable that it's anyone's guess what may happen.
Trump tries to operate like a mob boss and maintain some plausible deniability regarding crimes he commits or has others commit on his behalf. Being a con man, he primarily engages in activities which involve fraud. So, it may continue to be others that take the fall for him as we've seen in the past.
His current federal and state criminal exposure revolves largely around his participation in election fraud conspiracies. This would include the current grand jury investigation in Georgia for Trump's attempts at coercion, tampering, and interference in the election there. The election fraud attempts of Rudy Giuliani and John Eastman, both of whom actively involved Trump in their schemes, may very well find themselves
criminal defendants for their actions.
A federal judge has already examined some of the evidence in the January 6th election fraud schemes of John Eastman and Trump in ruling on evidence sought by the Committee. His findings
and judgements under the crime-fraud exception to attorney-client privilege for Trump and Eastman were revealing as to the
serious crimes "likely" commited by both men.
"
Obstruction of an Official Proceeding... Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021." [18 U.S.C. § 1512(c)(2)]
"
Conspiracy to Defraud the United States... Based on the evidence, the Court finds that it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021." [18 U.S.C. § 371]
"Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history. Their campaign was not confined to the ivory tower—it was a coup in search of a legal theory. The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process."
"More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it. The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit. At most, this case is a warning about the dangers of “legal theories” gone wrong, the powerful abusing public platforms, and desperation to win at all costs. If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself." — David O. Carter, United States District Judge - March 28, 2022