Trump indicted: What to know about the documents case and what’s next
Donald Trump’s indictment on 37 counts of mishandling classified documents at his Florida estate represents the most serious legal jeopardy so far for Trump, coming less than three months after he was charged in New York with 34 felony counts of falsifying business records.
Here’s a look at the charges, the special counsel’s investigation and how Trump’s case differs from those of other politicians known to be in possession of classified documents:
ADVERTISING
What are the charges?
Trump faces 37 counts related to the mishandling of classified documents, according to the indictment unsealed Friday. The charges include counts of retaining classified information, obstructing justice and making false statements, among other crimes.
Trump is accused of keeping documents related to “nuclear weaponry in the United States” and the “nuclear capabilities of a foreign country,” along with documents from White House intelligence briefings, including some that detail the military capabilities of the U.S. and other countries, according to the indictment. Prosecutors alleged Trump showed off the documents to people who did not have security clearances to review them and later tried to conceal documents from his own lawyers as they sought to comply with federal demands to find and return documents.
The top charges carry a penalty of up to 20 years in prison.
After leaving office in 2021, the former president showed someone working for his political action committee a map that detailed a military operation in a foreign country, prosecutors allege in the document. On another occasion that year, Trump showed a writer, a publisher and two of his staffers — none of whom had security clearances — a military plan of attack.
How is Trump reacting?
Trump, on his Truth Social app on Thursday, called his indictment “a DARK DAY for the United States of America.” In a video post, he said, “I’m innocent and we will prove that very, very soundly and hopefully very quickly.” Within 20 minutes of breaking the news, his 2024 presidential campaign sent out a fundraising missive asking for financial support.
On Friday, he continued to post about it on social media, lashing out at the special counsel who investigated the case, seeking to blame President Joe Biden, labeling the investigation a “WITCH HUNT” and declaring, “I had nothing to hide, nor do I now.”
What happens next?
The Justice Department unsealed the indictment Friday, the first time the department confirmed Trump was being charged with a crime. Special counsel Jack Smith, who filed the charges, made his first public statement Friday afternoon, saying in brief remarks to reporters in Washington that the country has “one set of laws and they apply to everyone.” He said prosecutors would seek a speedy trial.
Trump is scheduled to appear in court Tuesday in South Florida. It wasn’t immediately clear what the procedure would look like.
When he was charged by the Manhattan district attorney in the New York case, Trump surrendered to authorities, where he was booked behind closed doors and appeared in the courtroom, sitting with his lawyers at the defense table.
The Florida case was initially assigned to Judge Aileen Cannon, who was appointed to the bench by Trump and who previously granted his request for an independent arbiter to review documents obtained during an FBI search of his Florida estate.
How did this case come about?
Officials with the National Archives and Records Administration reached out to representatives for Trump in spring 2021 when they realized that important material from his time in office was missing.
According to the Presidential Records Act, White House documents are considered property of the U.S. government and must be preserved.
A Trump representative told the National Archives in December 2021 that presidential records had been found at Mar-a-Lago. In January 2022, the National Archives retrieved 15 boxes of documents from Trump’s Florida home, later telling Justice Department officials that they contained “a lot” of classified material.
That May, the FBI and Justice Department issued a subpoena for remaining classified documents in Trump’s possession. Investigators who went to visit the property weeks later to collect the records were given roughly three dozen documents and a sworn statement from Trump’s lawyers attesting that the requested information had been returned.
But that assertion turned out to be false. With a search warrant, federal officials returned to Mar-a-Lago in August 2022 and seized more than 33 boxes and containers totaling 11,000 documents from a storage room and an office, including 100 classified documents.
In all, roughly 300 documents with classification markings — including some at the top secret level — have been recovered from Trump since he left office in January 2021.
