Biggest Trump Indictment Takeaways
Former President Donald Trump was charged on Thursday with 37 felony counts in a US District Court in Miami, stemming from the investigation into classified information that he retained at his Florida estate and other locations after he left office. The indictment, which was released on Friday afternoon, marks the first time in United States history that a former president has ever faced criminal charges brought by the federal government he once oversaw.
You can read the full indictment here:
What is in the indictment?
Federal prosecutors, led by Special Counsel Jack Smith, have alleged that Donald Trump removed a curated collection of specific, highly sensitive classified material, including “defense and weapons capabilities” of the United States and foreign countries — to his private residences after he left the White House in January 2021.
In a 44-page indictment, the Department of Justice details Trump’s actions, explaining how the former president intended to take classified material into his personal possession, how he fully understood that his actions were against the law, and how he showed these materials to other civilians who had no legal right to see them. The charging document also specifies the laws that have allegedly been violated and how Trump’s actions constitute a violation of those laws.
Trump is facing 31 counts of violating the Espionage Act of 1917, through “willful retention” of classified records, plus six additional counts — including obstruction of justice and false statements — stemming from his alleged efforts to impede the investigation. Trump’s personal butler, Walt Nauta, has also been charged along-side Trump with those six those felony counts relating to the many attempts to cover up Trump’s actions.
What Happened?
Trump allegedly stored the classified documents in various, unsecured locations throughout his Mar-a-Lago Resort, including a ballroom, a business center office, a bathroom and shower, his bedroom, and a designated storage room.
Federal prosecutors claim that Trump showed portions of this sensitive, classified information to civilians who did not have a security clearance. The group of people who were shown the documents include a writer, a publisher, members of his staff, and a representative for Trump’s own political action committee.
A conversation, that was recorded with his consent, and detailed within the indictment, reveals that Trump was aware that he had not de-classified the information in his possession before he left office. The indictment also alleges that Trump knew that the documents in question contained “secret information” and that that the result of his not acting to declassify the documents before he proceeded to show them to other people meant that he was breaking the law.
Trump allegedly “endeavored to obstruct the FBI and grand jury investigations” into his retention of the documents and to “conceal” that he had done so, by directing his staff to move the documents around his properties, and by proposing that his attorneys lie about him having the documents. Trump is also accused of having suggested hiding or destroying them, at one point telling his lawyers, “Well look isn’t it better if there are no documents?”
Trump’s attorney eventually reviewed the remaining boxes, and put all the documents with classified markings in a folder. Trump suggested they take those documents back to their hotel room and “pluck ... out” anything “really bad,” the lawyer told prosecutors. The attorney later turned over that folder to federal officials. Trump’s legal team then certified to the DOJ that they had complied with the subpoena, not knowing that Trump and Nauta had allegedly conspired to prevent them from reviewing most of the boxes of documents.
Trump’s personal valet, Walt Nauta, allegedly aided in the process to obscure the classified documents from federal officials. At Trump’s instruction, Nauta allegedly moved more than 60 boxes of documents before one of the former president’s attorneys was supposed to review them as part of their response to a DOJ subpoena. Nauta is also accused of making false statements to the FBI about how the documents got to Trump’s residence and whether they were stored in a secure location.
What are the charges?
The indictment alleges that former President Donald Trump maintained possession of information “relating to US and foreign defense.” It is further alleged that the documents also detailed “potential vulnerabilities of the United States and its allies to military attack,” as well as “plans for possible retaliation in response to a foreign attack,” according to the indictment.
The best explanation of the significance of Donald Trump’s alleged actions, and why his actions were so dangerous and risky, comes directly from the indictment: “The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military and human sources, and the continued viability of sensitive intelligence collection methods.”
What does this all mean?
Each of the 31 counts of unauthorized removal and retention of classified documents or material, in violation of 18 U.S. Code § 1924, carries a maximum 10-year sentence. The five charges for obstruction each carry a 20-year maximum sentence and a false-statements charge carries a five-year maximum.
Within the sentencing guidelines, there is no mandatory prison time denoted within the sentencing requirements for any of the charges, which means even if Donald Trump is convicted, there is a possibility that he will serve no prison time. Considering the fact that we have no historical precedent for a conviction of this kind, the issue of what kind of prison sentence may be employed is also at play. There is the uncharted logistical issue of whether Trump could even feasibly serve prison time given his required Secret Service detail and the necessary security concerns.
Trump’s security needs throughout the arraignment and trial phases also limit the court’s options for jailing him on Tuesday. The fact that he is currently a presidential candidate bolsters the argument that he will not be much of a flight risk, as his activities will be well recorded. Trump has already taken advantage of the court’s impending limitations for his remand to prison pending trial, telling a crowd at a rally in Georgia on Saturday that “I’ve put everything on the line and I will never yield…I will never be detained.”
What will happen on Tuesday?
Trump’s Tuesday arraignment in Miami will likely follow a similar format to his arraignment in New York, where he showed up in court to hear the charges against him and pleaded not guilty. He will be fingerprinted, but not likely put in handcuffs and he may or may not have his mugshot taken.
Palm Beach County State Attorney Dave Aronberg has described the basics of the arraignment procedure as follows: "Trump will plead not guilty and he'll get a pretrial release where he'll be able to go home. I don't think they will require him to stay in jail pending trial." Aronberg says, "I think that's highly unlikely; I think he'll be able to go home to Mar-a-Lago and wait for the trial there."
As with the case against him in New York, the Florida court case could extend well into the 2024 campaign season or even beyond the election. This is another reason a judge would not likely detain Donald Trump and hold him in custody on Tuesday.
Is the pro-Trump judge assigned an issue?
US District Judge Aileen Cannon, appointed by Trump in 2019, has been initially assigned to the case. She was previously appointed as a special master to examine the documents retrieved from Mar-a-Lago last year and was criticized for delivering Trump several perplexing wins in those proceedings.
A Cannon decision concerning evidence that was obtained in the Mar-a-Lago search was also ultimately thrown out by 11th Circuit Court of Appeals panel, which found the Trump-appointee had overstepped her authority in exercising jurisdiction in the probe. For this reason, federal prosecutors will likely make a motion early on in the process, and request that Cannon recuse herself.
There is legal precedent to replace an assigned judge where the judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question. (United States v. Martin, 399 F.3d 879 (7th Cir. 2005)). In the event that the case is permanently assigned to Cannon, she will likely be reassigned following an appropriate objection from the prosecution.
In the event that Cannon refuses to recuse herself, the 11th Circuit Court of Appeals, would take the case on appeal and would not likely uphold her decision to remain in charge. A new judge being assigned to the Trump case should be inevitable.
What other charges does Trump face?
While Trump will be the first president to ever defend against federal criminal charges with this latest indictment, he has already been indicted in New York in April in a separate case concerning hush money payments to adult film star Stormy Daniels. Moreover, the twice-impeached former president could face additional legal jeopardy from ongoing civil and criminal investigations.
Though the crime of falsifying business records can be prosecuted as a misdemeanor under New York law, Manhattan District Attorney Alvin Bragg has elevated the charges to felonies, arguing that Trump falsified records with the intent of covering up another crime. Bragg has said that his team of prosecutors believe that Trump tried to cover up a violation of New York state election law, which prohibits promoting a candidacy by unlawful means, including “planned false statements to tax authorities.”
If convicted on those charges, Trump could face up to four years in prison for the falsification of business records. The chances of Trump being sentenced to prison for these charges are unlikely for the same reasons previously specified. In the New York case, the next in-person court date is December 4, and that case is currently slated to go to trial in January 2024.
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Amee Vanderpool writes the SHERO Newsletter and is in an attorney, published author, contributor to newspapers and magazines, and analyst for BBC radio. She can be reached at avanderpool@gmail.com or follow her on Twitter @girlsreallyrule.
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How can it be possible that the citizens of this country will watch this lout walk away without spending one day in prison with an indictment of 37 counts, 31 for espionage
All because there is no legal precedent????
All the while we get to watch him try for another term doing the same
😳
I may be biased because I loathe that orange asshat, but I would sincerely like to know: how can anyone read this and still support him? It truly boggles my mind.