Former President Donald Trump has been indicted as part of an investigation into classified documents found in his possession after his time in the White House.
Trump posted on Truth Social Thursday evening that his lawyers had been notified of the indictment, and he wrote that he has been ordered to appear at the Federal Courthouse in Miami on Tuesday at 3 p.m. There are multiple avenues Smith could take when it comes to determining charges — most likely to come under the Espionage Act.
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The former president is facing seven counts, according to CNN.
The charges could relate to 18 USC 793, a federal law that deals with the illegal “retention” of classified information or “dissemination” of national security secrets — both of which are violations under the Espionage Act. Trump could also be charged under 18 USC 2071, which involves the illegal removal of government records from United States custody.
It is possible Smith could decide to forgo retention or dissemination charges and only indict Trump on obstruction of justice.
Andrew Weissmann, former general counsel for the FBI and senior prosecutor in the Russia-Trump investigation, and Ryan Goodman, former special counsel at the Defense Department, pointed to several pieces of evidence that could lead to obstruction charges in a Washington Post opinion piece on Wednesday.
“If the Justice Department alleges that Trump or his aides were involved in tampering with Mar-a-Lago video surveillance footage, that is as acute a form of obstruction of justice as the allegedly false June certification that represented that a diligent search for responsive documents had been performed and all such documents returned,” Weissmann and Goodman wrote.
The “June certification” refers to a letter signed by Christina Bobb, Trump’s lawyer, on June 3 attesting that all classified material holed up in Mar-a-Lago had been returned to the government. The FBI raided Trump’s home in Mar-a-Lago in August and discovered hundreds of additional classified documents in the former president’s possession. Bobb reportedly met with federal investigators in October 2022.
If prosecutors conclude that Trump or any of his aides intentionally attempted to hide documents or impede the DOJ’s inquiry, that could lead to obstruction charges.
Mishandling of classified government materials is a felony crime punishable by up to 10 years in prison. Obstruction of justice is also a felony, with a maximum prison sentence of 20 years.
On Wednesday morning, Taylor Budowich, who previously worked as a spokesman for the former president, appeared before a grand jury in Florida that has been examining evidence and gathering testimony in the classified documents case.
Budowich leads MAGA Inc., the super PAC aligned with Trump, and he was the first person to be publicly named as a witness who provided testimony before the Florida grand jury.
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Smith is also serving as special counsel to another DOJ investigation into Trump’s actions during and after the 2020 election that led to the U.S. Capitol insurrection on Jan. 6, 2021. Trump could be looking at possible conspiracy charges in this investigation.
Former Trump White House official Steve Bannon was reportedly subpoenaed for documents and testimony by the Washington federal grand jury connected to the Jan. 6 investigation. Bannon was previously charged with contempt of Congress for refusing to cooperate with two subpoenas issued by the select House Jan. 6 committee. He was sentenced to four months in jail and a $6,500 fine.
