The use of false electors is the only aspect of Trump’s attempts to overturn the election results that the DOJ has confirmed is under investigation. Fake electors are also targets of an investigation a Georgia district attorney is conducting…

If prosecutors can prove Trump knew the lists of alternate electors weren’t legitimate, and he and his allies intended to submit them to government bodies, the former president could be convicted of conspiracy to defraud the US. Lists of the Trump-supporting alternate electors were sent to the National Archives after the 2020 election from seven swing states.

Federal law prohibits obstruction of any official proceeding, such as Congress’s certification of the election. Prosecutors would likely argue that the submission of the false electors was done to throw the certification process into disarray.

Had Vice President Mike Pence rejected the Democratic electors and accepted the alternates, as the former president had urged him to do, the results of the election would’ve shifted in Trump’s favor.