Donald Trump’s indictment on charges of mishandling classified documents at his Florida estate has drawn renewed attention to one of the most notable cases in Justice Department history.
What you need to know
Donald Trump’s indictment on charges of mishandling classified documents at his Florida estate has drawn renewed attention to one of the most notable cases in Justice Department history.
The federal charges represent the former president’s biggest legal threat yet
Trump’s attorney, James Trusty, told CNN that the indictment includes charges of willful withholding of national defense information, obstruction of justice, making false statements and conspiracy.
Trump says, “I’m innocent and we’re going to prove that very, very robustly and hopefully very quickly.”
The federal charges represent Trump’s biggest legal threat yet, less than three months after he was indicted in New York on 34 counts of falsifying business records.
Here’s a look at the charges, the special counsel’s investigation and how Trump’s case differs from other politicians known to be in possession of classified documents:
What are the charges and how does Trump react?
Trump has been indicted on seven counts related to the mishandling of classified documents, according to two people familiar with the indictment but not authorized to speak publicly.
Trump’s lawyer, James Trusty, told CNN on Thursday that the indictment includes charges of willful withholding of national defense information, obstruction of justice, making false statements and conspiracy.
Trump, on his Truth Social app, called it “a DARK DAY for the United States of America.” In a video post, he said: “I am innocent and we will prove that very, very strongly and hopefully very quickly.” Within 20 minutes of breaking the news, his 2024 presidential campaign sent out a fundraising missive telling supporters he had been indicted and asking for financial support.
what happens next
The Justice Department did not immediately publicly confirm the allegation, and no charges were publicly filed.
Trump said he had been subpoenaed to appear in court Tuesday afternoon in Miami. It was not immediately clear whether Trump planned to make the appearance and what the proceedings would look like.
When he was indicted by the Manhattan district attorney in the New York case, Trump turned himself in to authorities, where he was booked behind closed doors and appeared in court, sitting with his lawyers at the defense table.
How did this case come about?
Officials with the National Archives and Records Administration contacted Trump’s representatives in the spring of 2021 when they realized important material from his time in office was missing from their collection.
Under the Presidential Records Act, White House documents are considered property of the US government and must be preserved.
A Trump representative told the National Archives in December 2021 that presidential records had been found at Mar-a-Lago. In January 2022, the National Archives retrieved 15 boxes of documents from Trump’s Florida home, later telling Justice Department officials that they contained “a lot” of classified material.
That May, the FBI and Justice Department issued a subpoena for the remaining classified documents in Trump’s possession. Investigators who visited the property weeks later to collect the records received roughly three dozen documents and an affidavit from Trump’s lawyers certifying that the requested information had been returned.
But this claim turned out to be false. With a search warrant, federal officials returned to Mar-a-Lago in August 2022 and seized more than 33 boxes and containers totaling 11,000 documents from a warehouse and office, including 100 documents classified
In all, roughly 300 classified documents, including some top secret, have been recovered from Trump since he left office in January 2021.
How did a special counsel get involved?
Last year, US Attorney General Merrick Garland tapped Jack Smith, a veteran war crimes prosecutor with a background in public corruption investigations, to lead investigations into the presence of classified documents at the Trump estate in Florida, as well as key aspects of a separate investigation involving the January 6, 2021, insurgency and efforts to overturn the 2020 election.
Smith’s appointment was an acknowledgment by Garland of the politics involved in an investigation into a former president and current White House candidate. Garland himself was selected by Democratic President Joe Biden, whom Trump wants to challenge for the White House in 2024.
Special counsels are appointed in cases where the Department of Justice perceives a conflict or when it is deemed to be in the public interest for someone outside the government to step in and take responsibility for a matter.
According to the Code of Federal Regulations, a special counsel must have “a reputation for integrity and impartial decision-making” as well as “an informed understanding of criminal law and Department of Justice policies.”
Didn’t Biden and former Vice President Mike Pence also have classified documents?
Yes, but the circumstances of their cases are very different from Trump’s situation.
After classified documents were found at Biden’s think tank and Pence’s Indiana home, their lawyers notified authorities and quickly arranged for them to be handed over. They also authorized other searches by federal authorities to seek additional documents.
There is no indication that he knew the records existed before finding them, and so far no evidence has emerged that Biden or Pence tried to cover up the findings. This is important because historically the Department of Justice looks to the will to decide whether to bring criminal charges.
A special counsel was appointed earlier this year to investigate how classified materials ended up in Biden’s home and former office in Delaware. But even if the Justice Department found Biden’s case prosecutable based on the evidence, its Office of Legal Counsel has concluded that a president is immune from prosecution during his time in office.
As for Pence, the Justice Department informed its legal team earlier this month that it would not bring criminal charges against him over his handling of the documents.
Is a federal indictment preventing Trump from running for president?
No. Neither the indictment itself nor a conviction would prevent Trump from running for or winning the presidency in 2024.
And as the New York case demonstrated, criminal charges have historically been a boon for their fundraising. The campaign announced that it had raised more than $4 million in the 24 hours after the indictment became public, far surpassing its previous record after the FBI search of the Mar-a-Lago club in trump
How are Trump’s Republican rivals reacting to the news?
Many of Trump’s challengers for the GOP nomination jumped to his defense Thursday night after news of the indictment broke.
Florida Gov. Ron DeSantis, Trump’s main challenger for the 2024 nomination, accused the Justice Department of political bias in charging the former president.
“Arming federal law enforcement poses a deadly threat to a free society,” DeSantis tweeted. “For years we have seen unequal application of the law based on political affiliation.”
He questioned why the Justice Department had been “so zealous” in bringing charges against Trump and “so passive” in pursuing former Democratic presidential nominee Hillary Clinton or Biden’s son Hunter.
Sen. Tim Scott of South Carolina said he felt the “scales” of the justice system are weighted based on politics. “In America, every person is presumed innocent, not guilty,” Scott told Fox News, denouncing “the Department of Justice’s weaponization of the former president.”
Biotech entrepreneur and “anti-woke” activist Vivek Ramaswamy said the federal case was part of “an affront to all citizens.” Reiterating his comments that he would pardon Trump, Ramaswamy called it “hypocritical for the DOJ to selectively prosecute Trump but not” Biden over his own classified documents case.
Former Arkansas Gov. Asa Hutchinson, who called for Trump to drop out of the race after the New York charges were filed, said the federal indictment marked “a sad day for our country” and “reaffirms the need for Donald Trump to respect the office.” and end his campaign.”
Former Vice President Mike Pence said earlier Thursday that if Trump were to be indicted, he would expect the Justice Department to have strong evidence, a shift in tone from the night before, when he said he hoped Trump would not be indicted even if there was evidence . of course he committed a crime.
And former New Jersey Gov. Chris Christie tweeted: “Let’s see what the facts are when any potential indictment is released. As I’ve said before, no one is above the law, no matter how much they want to be.”
Former United Nations Ambassador Nikki Haley and North Dakota Gov. Doug Burgum had not commented on the accusation as of Friday morning.
