The Department of Justice has indicted Donald Trump, levying federal charges against the former president over accusations he mishandled classified documents after leaving the White House and thwarted efforts from the government to reclaim them.
Trump announced the indictment on his Truth Social account Thursday night, telling supporters he would surrender to authorities on Tuesday afternoon. The DOJ has yet to announce the indictment publicly or unseal any of the charges against the former president.
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Trump reportedly faces a number of charges for his mishandling of classified materials, including the willful retention of national defense secrets, according to the New York Times. Such a move would put Trump in violation of the Espionage Act, a federal law that prohibits interference with the U.S. military.
What charges does Trump face?
Trump faces seven charges in his federal indictment, people familiar with the matter said. However, the scope of the charges and exact details remain unclear.
Among those charges are the unauthorized retention of national security documents and failure to return them to the government. If proven guilty, Trump would be found in violation of the Espionage Act — opening the former president up to a number of charges.
What is the Espionage Act?
The Espionage Act is a federal law enacted in 1917 during World War I that made it a crime to interfere with U.S. military operations or to support foreign enemies.
One of the provisions in the act prohibits the illegal retention of “national defense information,” which includes classified documents and other sensitive materials. Trump has repeatedly argued he declassified all the materials found in his Mar-a-Lago home, although that defense may not stand because the Espionage Act was enacted before the classification system was established.
The law also includes measures prohibiting people from knowingly keeping classified materials in unsecured locations, which could be used by prosecutors as they reveal where each of the documents was found.
What are the possible punishments Trump faces?
To convict Trump, prosecutors must be able to prove Trump knew the documents were in his possession and that he willfully failed to comply with government requests and a subsequent subpoena to return them. Prosecutors would also need to prove the documents are related to national security and that Trump’s mishandling put the U.S. at risk.
If found guilty, prosecutors could seek a charge per individual document. Each separate count could hold up to 10 years in prison, although previous Espionage convictions have been far less than that.
Trump also reportedly faces a number of conspiracy charges if it can be proven the former president compelled other people to break the law. To be convicted, prosecutors must prove Trump had conversations to discuss committing a crime. Such a penalty could be up to five years in prison.
Trump may also face obstruction charges if prosecutors can prove he knew the classified documents were in his possession and willfully failed to comply with a DOJ subpoena to turn the records over. If convicted, Trump could face up to 20 years per offense.
It’s illegal to make false statements to law enforcement officers conducting an investigation, and Trump could face related charges if prosecutors can prove he lied to the DOJ or compelled someone else to make false statements on his behalf. The former president could face up to five years in prison per offense.
The former president also faces possible charges of mishandling official documents and defying official court orders, which both hold prison time and possible fines.
Can those charges stop Trump from running for president?
A federal indictment, or even conviction, wouldn’t stop Trump from running for president if he chooses to continue his campaign. There is no law prohibiting a candidate from continuing his or her campaign because he or she faces federal charges, and Trump’s legal troubles have historically only made him more popular among his own base.
The charges have prompted outrage from several Republicans who say the charges are an effort by President Joe Biden to attack Trump as the current front-runner in the GOP primary. Others have also pointed to classified documents that were found in Biden’s possession, claiming the DOJ is unfairly targeting Trump.
A special counsel is reviewing the documents found in Biden’s personal office and Delaware residence, and an investigation is ongoing. However, the charges against Trump largely have to do with accusations the former president refused to hand over the documents after they were found rather than the discovery of classified materials itself.
Biden has said his team immediately contacted the National Archives and Records Administration to retrieve the documents once they were found.
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What comes next in Trump’s case?
Trump is expected to appear in Miami court at 3 p.m. on Tuesday to surrender to authorities, according to the former president. After that, it’s likely his charges will be publicly unsealed and the judge will move forward with scheduling a trial.
Meanwhile, Trump will continue moving along the campaign trail. The former president has already seized the new charges for fundraising material, sending an email to supporters soliciting donations shortly after the indictment was announced.