Donald Trump investigation: What charges could former president face if special counsel indicts?
Rachel Schilke
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As special counsel Jack Smith reportedly wraps up his investigation into former President Donald Trump‘s handling of classified documents, people are speculating what charges the Justice Department could bring forward.
Trump could be facing an indictment on federal criminal charges as early as next week. 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 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.
If Trump is charged, it will mark the first federal prosecution of a former president in U.S. history. It could also have major implications for his 2024 campaign for president. However, even if he is convicted, it will not disqualify him from the presidency under the Constitution, according to Time.
Federal sources confirmed to multiple outlets on Wednesday that Trump received a letter from Smith in recent weeks that informed him he was the target of a DOJ investigation. However, Trump adamantly denied the reports the Department of Justice informed him of the case, slamming it as a “witch hunt” and declaring his innocence.
“No one has told me I’m being indicted, and I shouldn’t be because I’ve done NOTHING wrong, but I have assumed for years that I am a Target of the WEAPONIZED DOJ & FBI,” Trump wrote. “A TRAVESTY OF JUSTICE & ELECTION INTERFERENCE AT A LEVEL NEVER SEEN BEFORE. REPUBLICANS IN CONGRESS MUST MAKE THIS THEIR # 1 ISSUE!!!”
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.
Smith will have to determine where he wants to file charges, most likely in Florida or Washington, D.C. — the former is expected to provide a jury pool more favorable to Trump.
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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.