The indictment against Donald Trump on charges of mishandling classified documents at his Florida estate has renewed attention on one of the most notorious cases in the history of the United States Department of Justice.
The federal charges represent Trump’s biggest legal risk yet, coming less than three months after he was indicted in New York on 34 felony falsifying accounting records.
Here’s a look at the charges, the special counsel’s investigation, and how Trump’s case is different from other politicians found in possession of confidential documents.
Grand jury indicts Trump for classified documents
These are the other investigations Donald Trump has to worry about
WHAT ARE THE CHARGES YOU FACE
Trump has been charged with seven counts related to mishandling of confidential documents, according to two people familiar with the indictment but not authorized to discuss the matter publicly. The charges themselves remain unclear and remain under seal, one of the sources said.
The former president announced Thursday on his Truth Social social network that attorneys for the Justice Department had informed his legal team that he had been indicted. He indicated that he must appear in court in Miami on Tuesday afternoon.
It is not known at this time if anyone else will face charges related to the case. It is also not known if anyone else will face charges related to the case.
The former president announced Thursday on his Truth Social social network that attorneys for the Justice Department had informed his legal team that he had been indicted. He indicated that he must appear in court in Miami on Tuesday afternoon.
In December 2021, a Trump representative responded to the National Archives that presidential files had been located at Mar-a-Lago. A month later, the National Archives recovered 15 boxes of documents from the former president’s Florida estate, later informing Justice Department officials that they contained “a large amount” of classified material.
In May of that year, the FBI and the Justice Department issued a subpoena to obtain the missing classified documents found in Trump’s possession. Investigators who visited Trump’s property weeks later to collect the files received about thirty documents and an affidavit from Trump’s lawyers stating that he had returned the requested information.
But that claim turned out to be false. Federal agents returned to Mar-a-Lago in August 2022 with a search warrant and seized more than 33 boxes and filing cabinets containing 11,000 documents found in a storage room and an office, including 100 classified documents.
Since Trump left office in January 2021, around 300 documents with confidentiality seals have been recovered, including some considered top secret.
DOES FEDERAL IMPUSEMENT STOP YOU FROM RUNNING FOR PRESIDENCY?
No. Neither impeachment nor a conviction would prevent Trump from running for or winning the presidency in 2024.
And as the case in New York demonstrated, criminal charges have historically been a major boost to his fundraising efforts.
His campaign announced that it had raised more than $4 million in the 24 hours after the indictment was announced, far surpassing its previous record, which came after the FBI raid at Mar-a-Lago.
HOW WAS A SPECIAL PROSECUTOR INVOLVED?
Last year, Attorney General Merrick Garland appointed Jack Smith — an experienced war crimes prosecutor with a background in public corruption investigations — to lead investigations into the presence of confidential documents at Trump’s Florida estate, as well as key aspects of another investigation into the insurrection of January 6, 2021 and the attempts to annul the 2020 elections.
With Smith’s appointment, Garland acknowledged the political aspect of investigating a former president and current White House contender. Garland himself was selected to the post by President Joe Biden, whom Trump seeks to face in the 2024 general election.
Special prosecutors are assigned in cases where the Department of Justice perceives it to be in conflict or where it is considered to be in the general interest that a non-government person step in and take responsibility for the matter.
Under the Code of Federal Regulations, a special prosecutor must have “a reputation for integrity and impartial decisions,” as well as “an informed knowledge of criminal law and Department of Justice policies.”
WHAT IS A SELF PROCESSING?
It is a formal charge brought against someone after a grand jury — which is made up of community members — holds a vote in which enough members agree that there is enough evidence to charge someone with a crime.
The indictment against Trump remains under seal. But once the document is made public, it will detail the crime or crimes of which Trump is accused. Sometimes the indictments include a long narrative with many details about the charges, while others are more basic and only describe the charges the defendant is facing.
DID BIDEN AND PENCE ALSO HAVE CLASSIFIED DOCUMENTS?
Yes, but the circumstances of their cases are very different from the situation involving Trump.
After classified documents were discovered in a Biden office and Pence’s Indiana residence, their attorneys notified authorities and their return was quickly arranged. They also allowed federal authorities to carry out other inspections in search of more documents.
There is no indication that any of them were aware of the documents’ existence before they were discovered, and no evidence has emerged so far that Biden or Pence tried to hide their discoveries. That’s important because, historically, the Justice Department looks for disposition when deciding whether or not to file criminal charges.
A special prosecutor was appointed earlier this year to investigate how the confidential documents ended up in Biden’s office or Delaware residence. But even if the Justice Department were to find Biden’s case prosecutable based on the evidence, its Office of Legal Counsel has concluded that a president is immune from prosecution during his administration.
As for Pence, the Justice Department told his lawyers earlier this month that it would not pursue criminal charges against him for his handling of the documents.
