Everything you need to know about the Trump indictment…
Trump Indictment: Latest News from a Federal Criminal Defense Attorney and Former DOD Prosecutor
This post will be frequently updated as the case against Donald Trump Develops.
Ronald W. Chapman II is a former Marine Corps prosecutor and current Federal Criminal Defense attorney with significant experience in classified material investigations and prosecutions. He is the author of “Unraveling Federal Criminal Investigations” a deep dive into the federal criminal justice process and utilizes storytelling through some of the nation’s most important Supreme Court cases to educate readers on federal criminal investigations and indictments.
Where Will Donald Trump’s Cases be Tried?
Federal Defense Attorney Ronald Chapman II who has experience in classified material investigations discusses the Trump indictment. Former President Donald Trump was indicted in a 38 count federal indictment. He is set for arraignment in Miami. The charges stem from improperly handling classified materials and conspiracy to withhold documents from a federal grand jury.
The case is set for trial in the Southern District of Florida before Judge Cannon. Judge Cannon faced criticism in recent months due to rulings she made during the search warrant phase of the proceedings because she reviewed the classified materials before allowing the government to review.
Will Judge Cannon Recuse Herself? What is the Process for Recusal?
Judge Cannon is not likely to recuse herself. Generally, questioning a judge’s rulings is not a sufficient basis to require them to be recused - there must be a clear showing of bias. Thats not present here. If the prosecution seeks to recuse the judge they would have to file a motion showing clear bias. If that motion is denied it could be appealed to the 11th Circuit and the 11th Circuit court of appeals would only change judges if there is a clear showing of bias and lack of impartiality.
What is Trump Indicted For?
Summary of the Trump Indictment
Federal prosecutors in the United States have recently unsealed a sweeping indictment against former President Donald Trump. The 49-page document outlines 37 federal charges, 31 of which pertain to violations under the Espionage Act. The indictment alleges that Trump hoarded and concealed classified documents containing sensitive national security information. These charges carry a maximum sentence of ten years each, highlighting the gravity of the allegations against the former president.
Charges and Violations Against Donald Trump:
The charges against Trump primarily revolve around the unauthorized possession of national defense information, which is criminalized under the Espionage Act. This act aims to protect classified information crucial to the safety and security of the United States. The indictment lays out 31 counts related to violations of the Espionage Act, highlighting the serious nature of the allegations.
Additionally, the indictment includes six charges related to Trump's alleged scheme to hide the classified documents once federal authorities initiated an investigation. It further accuses Trump of making false statements to investigators, adding two more charges to the list.
Will Trump’s Co Conspirators Be Charged?
Waltine "Walt" Nauta, a former aide to Trump, is also implicated in the indictment. Nauta faces six felony charges related to hiding documents and making false statements. The charges against Nauta demonstrate the breadth of the investigation, which extends beyond Trump himself.
Importance of National Defense Information: Special Counsel Jack Smith, appointed by the US Justice Department to oversee the investigation, emphasized the significance of protecting national defense information. He asserted that violations of the laws safeguarding such information put the country at risk. The indictment contends that the disclosure of these classified documents without authorization could have severe consequences, endangering national security, foreign relations, the safety of the US military, human sources, and sensitive intelligence collection methods.
Disorganized Storage and Potential Disclosure: The indictment sheds light on the disorganized storage of the classified documents within Trump's Mar-a-Lago estate. Photographs accompanying the indictment reveal documents scattered across the floor of a storage room. The indictment suggests that these documents were stored in unsecured locations, including a bathroom, ballroom, and a shower. It also highlights that certain documents were marked with classifications indicating that they were only to be released to the Five Eyes intelligence alliance, comprising Australia, Canada, New Zealand, the United Kingdom, and the US.
Attempts to Conceal Documents: As federal investigators intensified their probe into the classified documents, the indictment alleges that Trump considered non-compliance with the order or outright lying. According to the indictment, Trump allegedly suggested telling investigators that there were no documents at Mar-a-Lago. The exchange took place after a subpoena was issued in May 2022, demanding the surrender of any classified documents in Trump's possession.
The indictment further accuses Trump of causing his lawyers to falsely certify that a thorough search of Mar-a-Lago had been conducted and that all documents had been located, in accordance with the subpoena. Prosecutors also contend that Trump instructed his aide Nauta to move 64 boxes to conceal them from his attorney, the FBI, and the grand jury. In response, Trump defended Nauta, describing him as a "strong, brave, and a great patriot."
Federal charges against his alleged co-conspirators are possible and its possible that some have cut immunity deals or potentially plead guilty to similar charges in a sealed guilty plea.
Trump's Handling of Classified Documents:
Prosecutors revealed instances where Trump displayed a careless attitude towards classified documents while they were in his possession. One incident involved Trump showing a classified map related to a military operation to a person working for his political action committee. The indictment recounts that Trump cautioned the person not to get too close to the document. Another instance, recorded in an audio recording, captures Trump discussing a "highly confidential" military document with a visiting writer and publisher. Trump's remarks
Trump's remarks during these incidents could be particularly damaging to his defense. Despite claiming that he had declassified all the documents before leaving office, Trump has not provided evidence to support this assertion. The discrepancy between his statements and the contents of the indictment raises questions about his handling of classified information.
The Years-Long Investigation:
The unsealed indictment represents the culmination of a years-long saga that began in May 2021 when the National Archives, responsible for maintaining presidential documents, demanded the return of missing records. By January 2022, Trump's team had turned in 15 boxes, 14 of which contained classified documents. However, the National Archives later discovered that some of the returned documents had been ripped apart.
In May 2022, the Justice Department issued a subpoena requiring Trump to surrender any remaining documents. Suspecting that additional documents were still at Mar-a-Lago, the FBI conducted a raid in August and recovered 102 classified records. This investigation has involved extensive efforts to secure and retrieve the classified documents allegedly hoarded by Trump.
Legal Proceedings and Political Impact: With the case now heading to federal court, Judge Aileen Cannon, reportedly a Trump appointee, has been assigned to oversee the initial proceedings. Cannon gained prominence last year when she made the decision to appoint a "special master" to handle the investigation into the classified documents. Her previous ruling briefly barred federal agents and prosecutors from reviewing seized documents but was ultimately overturned by a scathing opinion from a federal appeals court.
The indictment has had significant political ramifications. Trump's allies and some Republican presidential contenders quickly seized on the allegations, framing them as a witch hunt and an attempt to undermine Trump's potential candidacy in the 2024 presidential race. On the other hand, prominent Democrats stressed the importance of upholding the principle that no one is above the law. Senate Majority Leader Chuck Schumer and House Leader Hakeem Jeffries released a joint statement calling for the indictment to follow due legal process without political interference.
Trump's Defense and Legal Representation:
Following the indictment, Trump made an abrupt change in his legal team. He parted ways with lawyers James Trusty and John Rowley and appointed Todd Blanche, a former federal prosecutor, to lead his defense. Trusty, who had been a vocal defender of Trump, was still advocating for him on television networks shortly before the announcement of the legal shift.
The choice of Blanche, a former prosecutor, indicates Trump's strategy to mount a robust defense against the charges. As the legal proceedings unfold, the defense team will likely aim to challenge the evidence, argue that Trump had the authority to access and possess the documents, and challenge the validity of the charges themselves.
Why Was Trump Indicted? Why Wasn’t Mike Pence, Hillary Clinton or President Biden Indicted?
This is a very polarizing issue but it comes down to willfulness. Federal Prosecutors are seizing on Trump’s failure to conduct a diligent search for records and apparent attempt to conceal classified information after he learned that he was in possession of classified information. If this is true, this makes the case distinctly different than that of Pence, Clinton, or Biden.
Will Trump Go to Jail?
We are in brand new territory here but this is unlikely. First, the logistics of handing down a prison sentence for a former president and the image that this would bring to the country would make it incredibly unlikely that he would be sentenced to jail. In addition, while the charges are serious - there will be plenty of evidence admitted at a trial in this case that shows mishandling of classified records was endemic in high levels of government. Finally, without actual disclosure in a way that harms the United States - sentences historically handed out by judges for these offenses are relatively light.
More to Come Stay Tuned to this Page!