Secret documents hidden: What does the indictment mean for Trump?

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For months now, Special Counsel Jack Smith has had one of the most delicate jobs in United States history: investigating former President Donald Trump — including the affair of classified government documents. Trump kept such documents in his Florida home after his time in the White House. A jury, a so-called grand jury, has now concluded that there is sufficient evidence for a crime. What exactly is it about – and what is still unknown:

On Friday, the indictment with seven categories of crimes came out. Trump is accused, among other things, of collecting, passing on or losing information in defense of the United States. 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 publishing them might help a foreign adversary, for example.

The US Justice Department accuses Trump of conspiracy to obstruct the investigation and making false statements, among other things. For example, in the first case, the prosecutor 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 can 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 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. The corresponding offense is not reflected in the indictment. In any case, a conviction in this context would mean nothing. Because the US Constitution says nothing about taking government documents as a criterion for disqualification from political office. Some experts argue that the Constitution trumps federal laws – the courts would have the final say.

Special Counsel Smith is also looking into Trump’s role in storming the US Capitol — no charges have been filed so far. On the issue of being barred from political office, however, this is the more intriguing case, as Trump could be charged and convicted of the rare crime of sedition. Under the constitution, anyone involved in an uprising against the government is barred from holding public office.

A few weeks ago, Trump was indicted in New York State for paying hush money to a porn star. This case was the first time in US history that a president was tried for a crime. Nevertheless, the indictment in the Secret Service affair is historic again. Because never before has a former president been indicted at the federal level. Federal charges often carry harsher sentences because national interests are at stake.

Trump will appear before a federal judge in Miami, Florida, at 3 p.m. local time on Tuesday. He got a subpoena, not a warrant. The indictment will be read at the hearing. The suspect is formally notified of the allegations against him and then usually given the opportunity to plead “not guilty” or “guilty,” for example. It can be assumed that Trump will say “not guilty” because he denies the allegations.

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.

The prosecution could have indicted Trump in the US capital of Washington. However, the secret documents were stored at Trump’s Mar-a-Lago estate in Florida – so Florida was also an option. There is a greater chance of a jury closer to the Democrats in liberal Washington than in more conservative Florida. Trump’s lawyers would almost certainly have directly challenged Washington as a trial venue. The public prosecutor probably wanted to prevent this. A judge nominated by Trump is now in charge of the case. Aileen Cannon had already ruled in Trump’s favor at the start of the investigation into the classified documents affair.

Trial regarding hush money payments to a porn star is scheduled for March 2024 in New York. In addition to storming the Capitol, Special Counsel Smith is investigating Trump’s role in attempting to influence the outcome of the 2020 presidential election. You can also file a complaint here. In the state of Georgia, the prosecutor’s office is also investigating Trump for possible election manipulation. (SDA)

Source: Blick