💬 Discussion

The charges against former President Trump, explained

Monday, Jun 12, 2023

Images: Truth Social | DOJ

On Friday, the DOJ unsealed an indictment against former President Donald Trump that accuses him of illegally storing and hiding classified materials at his Mar-a-Lago residence after leaving office. It marks the first time in US history that a former president has been charged with a federal crime.

The 44-page indictment, which follows a six-month investigation by DOJ Special Counsel Jack Smith, relates to more than 100 classified documents recovered by the FBI as part of its search of Mar-a-Lago last August.

⚖️ So, what are the charges?... Federal prosecutors are accusing Trump of initially refusing to turn over the documents after a request from the National Archives in 2021, then later directing his personal aide to move boxes of classified documents to conceal them from federal investigators.

The indictment contains 37 individual counts across seven different federal charges, including 31 counts of willful retention of national-defense information (a violation of the Espionage Act). The other six charges, featuring one count apiece, are:

  1. Conspiracy to obstruct justice
  2. Withholding a document or record
  3. Corruptly concealing a document or record
  4. Concealing a document in a federal investigation
  5. Scheme to conceal
  6. False statements and representations

According to federal prosecutors, each of the 31 counts of willful retention refer to a specific document found at Mar-a-Lago marked “Secret” or “Top-Secret.” These allegedly included information on domestic nuclear programs, as well as the military capabilities of the US and foreign countries. The indictment also accuses Trump of sharing classified information with unauthorized people in at least two instances at his golf club in Bedminster, NJ.

👀 Looking ahead… Trump, who has denied all charges, is scheduled to report to a federal court in Miami tomorrow, kicking off a legal battle experts say will likely extend beyond the 2024 presidential election.

The most serious of the charges carry a sentence of up to 20 years in prison and/or a hefty fine, though defendants rarely receive the maximum penalty. Neither these charges, nor a potential future conviction, disqualify Trump from running for a second term.

📊 Flash poll: Do you agree with the DOJ’s decision to bring federal charges against former President Trump?

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See a 360° view of what media pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that the indictment against Trump is yet another demonstration of his contempt for the rule of law, his disregard for America’s national security, and his mockery of the oath he took to support and defend the Constitution.
  • Others contend that the charges against Trump are more than justified if his alleged cavalier treatment of classified materials and extensive effort to avoid compliance are indeed true, as prosecutors claim.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that Trump’s indictment is an example of the federal government choosing favorites, since Hillary Clinton wasn’t prosecuted for storing info on a server in her basement.
  • Others contend that it’s impossible to read the federal indictment against Trump and not be appalled at the way he handled classified documents as an ex-president, and responded to the attempt by federal authorities to reclaim them.
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