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Donald Trump made history as the first former president in American history to be indicted on federal criminal charges.
On the morning of Jun. 10 (Singapore time), Trump's indictment was unsealed, allowing the media and the public to examine the specifics of Trump's charges.
The real estate mogul faces 37 counts related to allegedly retaining hundreds of classified documents, some containing information related to national security and America's military, reported the Washington Post.
"The charges also include conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in an investigation, scheming to conceal, and false statements," the Post added.
Two of Trump's attorneys, Jim Trusty and John Rowley, have also quit working for him. Trump himself has claimed he is innocent of any wrongdoing.
Indictment unsealed
In Nov. 2022, U.S. Attorney-General Merrick Garland appointed a special counsel to oversee the case against Trump related to the alleged mishandling of secret documents.
This was done to ensure that the investigation into Trump, who had declared his intention to run for president again in 2024, would be conducted independently and not be seen as a political move. Garland chose Jack Smith for the job.
Smith, who is not registered with any political party, is a high-profile prosecutor who has worked on war crimes cases.
In a press conference on Jun. 10, Smith announced the unsealing of the indictment, which was voted on by a grand jury of American citizens residing in Florida.
A grand jury is set up by a prosecutor to determine whether there is enough evidence to continue with a prosecution. It sits in secret to protect its members from intimidation.
However, the grand jury does not determine if someone is guilty of a crime. In the media appearance, Smith said:
"The men and women of the United States intelligence community and our Armed Forces dedicate their lives to protecting our nation and its people.
Our laws that protect National Defense Information are critical. The safety and security of the United States and they must be enforced. Violations of those laws put our country at risk."
Smith reminded the public that the defendants in the case must be presumed innocent until proven guilty in a court of law. He will now seek a trial and present the case before another jury of citizens in Florida, where Trump now currently resides in his luxury resort of Mar-a-Lago.
Smith also invited the public to read the unsealed indictment in full to "understand the scope and gravity" of the charges.
The charges
According to the Washington Post, Trump is accused of violating seven federal laws, but faces 37 separate charges due to the number of documents and the different ways Trump and his aide, Waltine Nauta, are alleged to have tried to hide the materials.
Nauta, a former White House valet who worked as an assistant to Trump, is accused of moving boxes of documents around the Mar-a-Lago estate at the former president’s request.
Trump's charges are as follows:
31 counts of wilful retention of national defence information. These are related to the alleged unauthorised possession of documents related to national defence, and Trump's alleged failure to turn them over to law enforcement officials.
3 counts of withholding or concealing documents in a federal investigation. "These are related to Trump and an aide allegedly concealing boxes of classified documents from law enforcement officials and the grand jury."
2 counts of false statements. These are related to an alleged scheme to cover up Trump's continued possession of the materials and statements to law enforcement officials about classified documents being turned over.
1 count of a conspiracy to obstruct justice. Related to an alleged conspiracy between Trump and an aide to keep classified documents Trump took from the White House.
While the President of the United States is not required to go through a security clearance process in order to view such classified materials, such materials have to be returned to the National Archives and Records Administration once that president's term in office is over.
According to the Post:
"The maximum punishment for each count of unlawful retention of national defense information is 10 years in prison. Conspiracy to obstruct justice, tampering with grand jury evidence, and concealing evidence in a federal investigation all carry punishments of up to 20 years. Each false statement charge is punishable by up to five years in prison."
The documents
According to the New York Times, the documents in question include information about the military and nuclear capabilities of foreign countries, White House intelligence briefings, a country’s support of terrorist attacks against the U.S., and U.S. military contingency planning.
According to the indictment, these classified documents were allegedly stored in unsecured locations at Mar-a-Lago such as a bathroom and a ballroom.
Photo from DOJ
Photo from DOJ
However, the indictment does not indicate Trump's motive for allegedly retaining the documents and covering up his actions.
Lawyers quit
Trump's attorneys Jim Trusty and John Rowley have resigned, according to CNBC.
They cited the impending documents case as being situated in Florida, but did not explain their decision in more detail.
Just hours before Smith's announcement, Trusty had gone on television and called the charge related to the violation of the Espionage Act "ludicrous".
"It has been an honor to have spent the last year defending him, and we know he will be vindicated," Trusty and Rowley said in a statement.
Trump will now be represented by Todd Blanche, a lawyer from New York.
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Top image from Donald Trump Facebook and DOJ