Trump indicted in classified documents case in a historic first for a former president
Donald Trump has been indicted on charges of mishandling classified documents at his Florida estate, a remarkable development that makes him the first former president in U.S. history to face criminal charges by the federal government that he once oversaw. The Justice Department was expected to make public a seven-count indictment ahead of a historic court appearance next week in the midst of a 2024 presidential campaign punctuated by criminal prosecutions in multiple states. The indictment carries unmistakably grave legal consequences, including the possibility of prison if Trump's convicted. But it also has enormous political implications, potentially upending a Republican presidential primary that Trump had been dominating and testing anew the willingness of GOP voters and party leaders to stick with a now twice-indicted candidate who could face still more charges. And it sets the stage for a sensational trial centered on claims that a man once entrusted to safeguard the nation's most closely guarded secrets willfully, and illegally, hoarded sensitive national security information. The Justice Department did not immediately confirm the indictment publicly. But two people familiar with the situation who were not authorized to discuss it publicly said that the indictment included seven criminal counts. One of those people said Trump's lawyers were contacted by prosecutors shortly before he announced Thursday on his Truth Social platform that he had been indicted. Within minutes of his announcement, Trump, who said he was due in court Tuesday afternoon in Miami, began fundraising off it for his presidential campaign. He declared his innocence in a video and repeated his familiar refrain that the investigation is a “witch hunt.” The case adds to deepening legal jeopardy for Trump, who has already been indicted in New York and faces additional investigations in Washington and Atlanta that also could lead to criminal charges. But among the various investigations he faces, legal experts — as well as Trump's own aides — had long seen the Mar-a-Lago probe as the most perilous threat and the one most ripe for prosecution. Campaign aides had been bracing for the fallout since Trump’s attorneys were notified that he was the target of the investigation, assuming it was not a matter of if charges would be brought, but when. Appearing Thursday night on CNN, Trump attorney James Trusty said the indictment includes charges of willful retention of national defense information — a crime under the Espionage Act, which polices the handling of government secrets — obstruction, false statements and conspiracy. The inquiry took a major step forward last November when Attorney General Merrick Garland, a soft-spoken former federal judge who has long stated that no one person should be regarded as above the law, appointed Jack Smith, a war crimes prosecutor with an aggressive, hard-charging reputation to lead both the documents probe as well as a separate investigation into efforts to subvert the 2020 election. The case is a milestone for a Justice Department that had investigated Trump for years — as president and private citizen — but had never before charged him with a crime. The most notable investigation was an earlier special counsel probe into ties between his 2016 campaign and Russia, but prosecutors in that probe cited Justice Department policy against indicting a sitting president. Once he left office, though, he lost that protection. The indictment arises from a monthslong investigation into whether Trump broke the law by holding onto hundreds of documents marked classified at his Palm Beach property, Mar-a-Lago, and whether Trump took steps to obstruct the government’s efforts to recover the records. Prosecutors have said that Trump took roughly 300 classified documents to Mar-a-Lago after leaving the White House, including some 100 that were seized by the FBI last August in a search of the home that underscored the gravity of the Justice Department’s investigation. Trump has repeatedly insisted that he was entitled to keep the classified documents when he left the White House, and has also claimed without evidence that he had declassified them. Court records unsealed last year showed federal investigators believed they had probable cause that multiple crimes had been committed, including the retention of national defense information, destruction of government records and obstruction. Since then, the Justice Department has amassed additional evidence and secured grand jury testimony from people close to Trump, including his own lawyers. The statutes governing the handling of classified records and obstruction are felonies that could carry years in prison in the event of a conviction. Even so, it remains unclear how much it will damage Trump's standing given that his first indictment generated millions of dollars in contributions from angry supporters and didn’t weaken him in the polls. The former president has long sought to use his legal troubles to his political advantage, complaining on social media and at public events that the cases are being driven by Democratic prosecutors out to hurt his 2024 election campaign. He is likely to rely on that playbook again, reviving his longstanding claims that the Justice Department — which, during his presidency, investigated whether his 2016 campaign had colluded with Russia — is somehow weaponized against him. Trump’s legal troubles extend beyond the New York indictment and classified documents case. Smith is separately investigating efforts by Trump and his allies to overturn the results of the 2020 presidential election. And the district attorney in Georgia’s Fulton County is investigating Trump over alleged efforts to subvert the 2020 election in that state. Signs had mounted for weeks that an indictment was near, including a Monday meeting between Trump’s lawyers and Justice Department officials. His lawyers had also recently been notified that he was the target of the investigation, the clearest sign yet that an indictment was looming. Though the bulk of the investigative work had been handled in Washington, with a grand jury meeting there for months, it recently emerged that prosecutors were presenting evidence before a separate panel in Florida, where many of the alleged acts of obstruction scrutinized by prosecutors took place. The Justice Department has said Trump repeatedly resisted efforts by the National Archives and Records Administration to get the documents back. After months of back-and-forth, Trump representatives returned 15 boxes of records in January 2022, including about 184 documents that officials said had classified markings on them. FBI and Justice Department investigators issued a subpoena in May 2022 for classified documents that remained in Trump’s possession. But after a Trump lawyer provided three dozen records and asserted that a diligent search of the property had been done, officials came to suspect even more documents remained. The investigation had simmered for months before bursting into front-page news in remarkable fashion last August. That’s when FBI agents served a search warrant on Mar-a-Lago and removed 33 boxes containing classified records, including top-secret documents stashed in a storage room and desk drawer and commingled with personal belongings. Some records were so sensitive that investigators needed upgraded security clearances to review them, the Justice Department has said. The investigation into Trump had appeared complicated — politically, if not legally — by the discovery of documents with classified markings in the Delaware home and former Washington office of President Joe Biden, as well as in the Indiana home of former Vice President Mike Pence. The Justice Department recently informed Pence that he would not face charges, while a second special counsel continues to investigate Biden’s handling of classified documents. But compared with Trump, there are key differences in the facts and legal issues surrounding Biden’s and Pence’s handling of documents, including that representatives for both men say the documents were voluntarily turned over to investigators as soon as they were found. In contrast, investigators quickly zeroed on whether Trump, who for four years as president expressed disdain for the FBI and Justice Department, had sought to obstruct the inquiry by refusing to turn over all the requested documents. _____ Tucker reported from Washington. Colvin reported from Des Moines, Iowa. Read More Ivanka and Jared split over attending Trump 2024 launch – follow live Why was Donald Trump impeached twice during his first term? Four big lies Trump told during his 2024 presidential announcement GOP opponent says Trump should drop out after ‘disrespect for the rule of law’ Trump says he’s ‘an innocent man’ as he’s indicted on seven charges in documents case Trump allies accuse Democrats of ‘election interference’ as ex-president indicted
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Obstruction, false statements and unlawfully retaining documents: The charges against Donald Trump
Donald Trump is expected to face seven counts in a federal indictment stemming from the US Department of Justice investigation into his possession of classified documents at his Mar-a-Lago property. Federal prosecutors are expected to charge him with the willful retention of national defense secrets in violation of the Espionage Act, making false statements, obstruction and witness tampering. Mr Trump will surrender, face arrest, and be formally charged in US District Court in Miami, as soon as next week, after a federal grand jury believed there was enough evidence to bring charges against him. A potential sentence, if convicted, could include decades in prison. The exact charges against Mr Trump have not been announced, and it is unclear whether an indictment against him will remain sealed until it is formally presented in federal court. Mr Trump said he was due in federal court in Miami at 3pm ET on Tuesday 13 June. He has repeatedly denied any wrongdoing and declared the investigations against him a “witch hunt”. An investigation from special counsel Jack Smith, who was appointed to lead the Justice Department’s probe into the former president’s alleged mishandling of documents after leaving the White House, reportedly is looking into whether his lawyers falsely certified that he returned classified records to the government, or whether he concealed them, illegally, and lied to his legal team. Federal prosecutors are expected to present compelling evidence that the former president knowingly and deliberately misled his attorneys about his retention of sensitive documents after leaving the White House in January 2021 after losing his re-election bid. Unauthorised retention of national security documents The frontrunner for the 2024 Republican presidential nomination will face charges under the Espionage Act, which the Justice Department invoked against now-former National Security Agency translator Reality Winner while Mr Trump was president in 2018. Julian Assange and Daniel Hale also were charged under the Espionage Act in 2019. Mr Trump is now expected to face that same charge, according to his lawyer James Trusty. One of the six sections under the Espionage Act, Section 793, prohibits “gathering, transmitting or losing” any “information respecting the national defence”. The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit the former president’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Florida property long after his term expired on 20 January 2021. That section of US criminal law is written in a way that could encompass Mr Trump’s conduct even if he was authorised to possess the information as president. It states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document … relating to the national defence” and “willfully” transmits such information in any way can face a prison sentence of up to 10 years. Obstruction A charge of obstruction in this case likely involves the “destruction, alteration, or falsification of records in federal investigations.” In a case before a jury, federal prosecutors must prove whether Mr Trump knowingly retained documents under the National Archives and Records Administration’s custody, and willfully defied the Justice Department’s subpoena for classified documents in his possession. A conviction includes a penalty of up to 20 years in prison. An additional charge of conspiracy, which would need to include another person in order to commit a crime, could carry a sentence of five years. Making false statements Mr Trump could face additional charges for making false statements, or allowing his legal team to make false statements, if prosecutors determine that he lied to law enforcement about the documents in his possession at the subject of the subpoenas against him. That could include an additional five-year sentence, if convicted. Witness tampering Section 1512 under Title 18 includes a broad prohibition against tampering with a witness, victim or informant involved in a federal investigation. It applies to matters before Congress as well as federal agencies and civil and criminal judicial proceedings, including grand jury proceedings. A conviction includes a maximum sentence of 20 years in prison. A federal indictment against Mr Trump arrives days after a last-ditch attempt by his legal team to convince Justice Department officials against charging him. Investigators launched a probe early last year after officials with the National Archives and Records Administration discovered more than 100 documents bearing classification markings while reviewing 15 boxes retrieved from Mr Trump’s Mar-a-Lago home. US Attorney General Merrick Garland appointed Mr Smith, a former war crimes prosecutor at The Hague, as special counsel to lead the probe. An indictment serves as a formal accusation, among a prosecutor’s first steps before a case can be brought to trial. Grand jurors heard evidence and testimony brought forward from prosecutors and witnesses they chose to present. In a trial, a jury will hear from defence attorneys. Following Mr Trump’s formal indictment, prosecutors will share evidence with his legal team and likely begin motions to dismiss the case. Andrew Feinberg contributed reporting Read More Trump indictment - live: Trump says he’s ‘an innocent man’ as he faces seven charges in documents case Read Trump’s furious reaction to federal indictment in classified documents case Trump has been indicted again: Here are all of the major lawsuits and investigations he is facing
2023-06-09 10:55
Trump allies invoke JFK assassination and accuse Democrats of ‘election interference’ as ex-president indicted
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