Secret document affair: That means the latest indictment against Trump

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Former US President Donald Trump (76) has been charged again. This time it is about the unlawful preservation of secret government documents. The grand jury’s verdict is that there is now sufficient evidence for a criminal offense. Blick gives you the most important answers to the latest indictment.

So far, the charges are still sealed – that means not public. According to his lawyer, Trump himself has not yet received it. Instead, he received a subpoena that contained language suggesting seven charges, Trump attorney Jim Trusty said. He assumes that his client can be accused of, among other things, collecting, passing on or losing defense information. This point falls under the US Espionage Act and is punishable by up to ten years in prison. It is possible that this violation is applied separately to each of the documents involved.

To reach a conviction on this point, prosecutors would have to show that the documents are in defense of the United States and that their release could help a foreign adversary, for example. According to the lawyer, further wording in the letter to Trump points to charges related to conspiracy to obstruct justice and false testimony. In the former case, prosecutors would have to show that Trump willfully resisted the Justice Department’s request to release the documents.

Ultimately, such a process can take years. If convicted, the Republican faces up to a year in prison. Despite charges, Trump could also run for his party in the 2024 presidential election. Legally, even a conviction does not necessarily mean that Trump will no longer be able to hold the office of US president. However, there has never been a US president behind bars in US history – at least there should be practical hurdles here.

There is also a federal law that prohibits anyone convicted of voluntarily deleting government data from holding political office. However, it now depends very precisely on the charges that the public prosecutor’s office has not yet released. Some experts also argue that the Constitution trumps federal law – and it says nothing about considering government documents a disqualification from political office. Here too, the judge probably has the last word.

A few weeks ago, Trump was indicted in New York State for paying hush money to a porn star. It is the first time in US history that a US president has been charged with a crime. Nevertheless, the indictment in the Secret Service affair is historic again.

It is the first time that a former president has been charged at a federal level. Federal charges often carry harsher sentences because national interests are at stake.

Trump will appear before a judge in a federal court in Miami on Tuesday at 3 p.m. (local time). He has received a subpoena for this, both Trump and his lawyer say. The indictment will be read at the hearing. The suspect is formally informed of the charges against him.

Trump may also be asked to position himself on the allegations. Trump then has the option to plead “not guilty” or “guilty,” for example. It can be assumed that Trump will say “innocent” because the ex-president has made it undeniably clear in this case that he is an innocent man. His lawyer also stressed that his client was not guilty of anything in the case.

With this appointment, the judge also decides whether the suspect will be detained until the trial begins, for example if there is a risk of absconding or danger to the general public. According to experts, this cannot be assumed in the present case. The court will then set further hearing dates.

Trial regarding hush money payments to a porn star is scheduled for March 2024 in New York. There are also ongoing investigations against Trump storming the US Capitol. Special Counsel Jack Smith is investigating Trump’s role in the January 6, 2021 riots and his attempts to influence the outcome of the 2020 presidential election. A commission of inquiry had recommended criminal investigations to the Ministry of Justice. You can also file a complaint here.

In the state of Georgia, the prosecutor’s office is also investigating Trump for possible election manipulation. In another instance, Trump has already been prosecuted — at least indirectly. His real estate group was fined in New York for tax fraud, among other things. The ex-president was not personally accused. (SDA)

Source: Blick