Trump Federal Indictment: Classified Documents Case

The classified documents case against former President Donald Trump has been dismissed by the presiding federal judge. U.S. District Judge Aileen Cannon dismissed the case on July 15, 2024, after ruling that the appointment of special counsel, Jack Smith, had violated the Constitution.

Judge Aileen M. Cannon found that because Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment violated the Appointments Clause of the United States Constitution. This ruling came after a hearing where Trump and his supporters pressed this argument.

The dismissal of the case is a significant development in the legal proceedings against former President Donald Trump. Judge Cannon, who was appointed by Trump, cited Justice Clarence Thomas’ separate opinion in a recent Supreme Court immunity ruling, which raised questions about the lawfulness of Smith’s appointment.

This decision has immediate implications for the case, as it effectively halts the prosecution of Trump for allegedly mishandling classified documents after leaving the White House.

However, it’s important to note that this may not be the end of the matter. Special counsel Jack Smith has the option to appeal the dismissal, and the Supreme Court may ultimately be called upon to determine the constitutionality of Smith’s appointment. The ruling has sparked debate in legal circles and could have far-reaching consequences for the authority of special counsels in future cases.

 

What federal crimes was Trump charged with in the Classified Documents Case?

Former U.S. President Donald Trump was federally indicted on June 8, 2023, over his handling of classified documents after he left the White House, marking the first time in history that an ex-president faces federal criminal charges.

[If you are looking for information on the Trump target letter, check out this  article.]

The indictment came two months after Trump was indicted on state charges by a New York grand jury for allegedly falsifying business records in connection with hush money paid to an adult film actress.

The federal charges differed in many respects from the New York charges and carried more severe legal consequences.  The former president has denied wrongdoing in both cases and maintains that he is the victim of political persecution.

The 44-page indictment was filed in U.S. District Court for the Southern District of Florida. It lists 37 counts against Trump and also names Waltine Nauta, a Trump aide who worked as a White House valet and later served as his “body man,” as a co-conspirator. The charges include:

• 31 counts of willful retention of classified documents, a violation of the Espionage Act;
• 1 count of conspiracy to obstruct justice;
• 1 count of withholding a document or record;
• 1 count of corruptly concealing a document or record;
• 1 count of concealing a document in a federal investigation;
• 1 count of a scheme to conceal; and
• 1 count of making false statements and representations.

The charges carry various maximum penalties – ranging from 5 years in prison to 20 years in prison.

What led to the Trump federal indictment?

Shortly after Trump left office in January 2021, the National Archives asked Trump to return presidential documents or records, citing that they were the property of the federal government. Trump initially resisted but eventually agreed to turn over 15 boxes of materials – some of which contained documents marked “classified.”  Due to the classified nature of the documents, Archives officials alerted the Justice Department which launched an investigation.

In April 2022, the Department of Justice issued a subpoena to Trump ordering him to turn over all remaining classified documents at his Mar-a-Lago estate in Florida. In the following weeks, his attorneys handed over a folder containing classified records along with a letter that allegedly assured federal officials that was everything.

Four months later, the FBI raided Trump’s estate and allegedly recovered additional boxes containing classified material, along with personal items and other non-classified presidential records.  Two weeks later, Trump sued to reclaim the property and a court battle followed.

On November 16, 2022, Trump announced he will run for reelection. Four days later, U.S. Attorney General Merrick Garland appointed U.S. Special Counsel Jack Smith to oversee the classified documents investigation.

A grand jury investigation ensued and, on June 8, 2023, Trump announced on social media that he had been indicted. The U.S. Justice Department later unsealed the indictment, which alleges that Trump had stored in his boxes information regarding “defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack.”

The indictment states that the “unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.”

Who is Jack Smith?

Jack Smith, the man appointed to investigate former President Donald J. Trump, is a long-time prosecutor with the Justice Department.

Born on June 5, 1969, in Clay, New York, Smith graduated from the State University of New York at Oneonta in 1991 before attending Harvard Law School. He began his career as a prosecutor in the Manhattan district attorney’s office shortly after graduating and moving to a similar role at the U.S. attorney’s office in Brooklyn.

Smith’s appointment as special counsel in November 2021 came with the duty of overseeing two investigations into Mr. Trump: one into his attempt to overturn the 2020 election, including the lead-up to the Jan. 6, 2021, attack on the Capitol, and the other into Mr. Trump’s retention of classified materials at his residence in Florida.

Here are key points about his background and current role:

1. Career Progression: Smith began as an assistant district attorney in 1994 and later became an assistant U.S. attorney in 1999, handling cases ranging from gang-related murders to civil rights violations.
2. International Experience: He served as the chief prosecutor at The Hague’s special court, leading investigations into war crimes during the Kosovo War.
3. Justice Department Roles: Smith held various positions at the U.S. Department of Justice, including leading the public integrity unit and overseeing election-related investigations.
4. Special Counsel Appointment: On November 18, 2022, Attorney General Merrick Garland appointed Smith as special counsel to continue two ongoing investigations related to former President Donald Trump.
5. Current Investigations: Smith is overseeing probes into Trump’s role in the January 6 Capitol attack and the mishandling of classified documents.
6. Indictments: Under Smith’s leadership, federal grand juries have indicted Trump on multiple charges, including 37 felony counts related to the retention of classified materials and four counts related to efforts to overturn the 2020 election results.
7. Reputation: Colleagues describe Smith as a relentless and skilled prosecutor, known for his unwavering commitment to justice and resilience in the face of challenges.
8. Personal Background: Born in New York, Smith holds a law degree from Harvard and has maintained a relatively low profile despite his high-stakes role.

Smith’s appointment and the subsequent indictments have placed him at the center of one of the most significant legal cases involving a former U.S. president

What is a federal indictment?

A federal indictment is a formal accusation issued by a grand jury that charges an individual or entity with committing a federal crime. It is a legal document that outlines the specific charges and alleges that the person or entity has violated federal law. The indictment is typically presented by a federal prosecutor and serves as the basis for initiating criminal proceedings in federal court. It indicates that there is sufficient evidence to proceed with a trial and allows the accused party to be formally notified of the charges against them.

What is a federal grand jury?

A federal grand jury is a group of citizens convened by the federal government to determine whether there is enough evidence to formally charge someone with a federal crime. The grand jury is composed of a panel of individuals who are randomly selected from the community and serve a specific term. Their primary role is to review evidence and testimony presented by prosecutors in order to assess whether there is probable cause to bring criminal charges against an individual. Federal grand juries are comprised of between 16 and 23 people and each case must receive at least 12 votes establishing that probable cause exists that the target committed a specific federal offense.

Unlike a trial jury, which determines guilt or innocence, a grand jury’s function is to investigate and decide whether there is enough evidence to proceed with a criminal case. This is done at a probable cause level. The proceedings of a grand jury are conducted in secret, and the accused person is not present during the jury’s deliberations. The purpose of this secrecy is to protect the integrity of the investigation and safeguard the identities of witnesses.

If a federal grand jury determines that there is sufficient evidence, they issue an indictment, which formally charges the individual with the alleged federal crime. The indictment initiates the legal process and allows for the accused person to be brought to trial in a federal court.

What happens after the Trump indictment?

Here are the stages of a federal criminal case.

Could Trump go to prison if convicted federally?

The federal charges for which Trump is accused are serious and carry possible prison time. If he is convicted by a jury – and that is a big IF – a federal judge will determine his sentence after a hearing. Learn more about sentencing in the federal system.

How Are Trump’s federal charges in Florida different from his state charges in New York:

These are two completely separate investigations stemming from entirely different allegations. One case was prosecuted by the state of New York, while the other is being prosecuted by the federal government. Here’s a quick overview of both:

New York State Hush Money Case

Trump was indicted by a New York grand jury for 34 counts of falsifying business records stemming from accusations that he provided hush-money payments to a former adult film star in 2016. The payments were allegedly part of a scheme to suppress Stormy Daniels’ claims when had an affair with Trump in 2006.

The indictment, which was unsealed on March 30, 2023, marked the first time in U.S. history that a former president has faced criminal charges. The case centers around a $130,000 payment made to Daniels near the end of the 2016 presidential campaign to keep her quiet about the alleged affair.

According to prosecutors, Trump orchestrated a scheme to conceal the nature of the payments by falsifying business records of the Trump Organization. The charges specifically relate to how these payments were recorded and reimbursed, with prosecutors arguing that they were part of an effort to influence the 2016 election by suppressing negative information. rump has consistently denied any wrongdoing. He has characterized the indictment as “Political Persecution and Election Interference at the highest level in history.”

The trial, which began in April 2024, resulted in Trump being found guilty on all 34 counts of falsifying business records. Following the conviction, Trump’s sentencing was initially scheduled for July 11, 2024. However, it has been postponed until at least September 18, 2024, as the court considers Trump’s appeal based on a recent Supreme Court ruling regarding presidential immunity.

Federal Classified Documents Case

Trump has been indicted by a federal grand jury on seven counts of violation of federal law, stemming from accusations that he mishandled classified documents. The is being prosecuted by the U.S. Attorney’s Office. He faces numerous counts, the most serious of which is punishable by a maximum of 20 years in federal prison in the U.S.

And while state and federal cases have some similarities, there are also very distinct differences between the two systems. For example, in state cases, juries typically decide punishment. In federal cases, only a judge decides. Learn more about the difference between state and federal cases.

Can Trump Still Run For President?

Absolutely. The United States Constitution outlines the requirements to run for President in Article II, Section 1. According to the Constitution, a candidate must meet the following criteria to be eligible for the office of President:

• Natural Born Citizen of the United States
• At least 35 Years Old
• A resident of the U.S for at least 14 years

There is nothing that prohibits Trump from running for president while under state or federal indictment. In fact, he has used both criminal cases to invigorate his run for President of the United States.