Debate
There is some debate about the President Trump's indictment being a political move. Republicans claim there is no evidence for the charges being brought. Democrats say that the charges are long overdue.
In Trouble Again
Regardless of the debate, it seems that former President Donald Trump is in legal trouble again. Apparently, he's facing criminal charges related to his handling of classified documents after he left the White House. The charges include espionage, obstruction, and false statements. President Trump and his lawyer Jim Trusty believe these charges are "ludicrous" and baseless.
Charges
We'll get more information when President Trump appears in a Miami court next Tuesday, but here's what we know so far:
- Charged under the Espionage Act - Trump's lawyer says he will be charged with the wilful retention of national defense information. Espionage is usually connected to spying but it can also be used when someone is careless with important government documents.
- Prosecutors must prove Trump acted wilfully - The government's biggest challenge will be proving that President Trump knowingly and intentionally violated the law. They must prove that he knew he had the classified information and that it was prohibited.
- Obstruction of Justice - Additional charges have been brought that claim President Trump didn't fully cooperate with a federal subpoena and made false statements regarding the demand to turn over all classified material.
- Conspiracy Charge - This suggests that someone else might have been involved in President Trump's alleged misconduct.
Possible Prison Time
If President Trump is convicted, the penalties could include fines and prison time. An obstruction of justice charge could result in up to 20 years in prison. Violations of the Espionage Act can lead to fines and a maximum of 10 years behind bars.
Presidential Election 2024
It's interesting to note that even if President Trump is indicted on federal charges, there's nothing in the law or the constitution that would prevent him from continuing to campaign for president. He can continue to sell merchandise and run for a second term.
What Happens Next
What happens when someone is brought before a grand jury? This can be explained to you in 10 simple steps. You should note that some steps could take months to complete. President Trump is currently on Step 3 and is expected to voluntarily surrender on Tuesday.
- Step 1: Grand Jury Investigation - A prosecutor requests a grand jury that is made up of 23 residents that will secretly hear evidence. A simple majority is needed to indict.
- Step 2: Indictment or No Indictment - If there is no indictment then no charges are brought and the matter is dropped.
- Step 3: Voluntary Surrender or Arrest
- Step 4: Processed - Fingerprints and photos are usually taken. It is unknown if President Trump will have to go through this again seeing as how he did this the first time he was indicted.
- Step 5: Arraignment - This is a public court hearing where a defendant enters an initial plea to the charges. The judge will set release conditions pending trial.
- Step 6: Pretrial Hearings - Hearings and deadlines may be set for the government to turn over evidence, decide if classified evidence will be needed, and reach an agreement to prevent disclosures of the classified evidence. The defense will prepare any pretrial motions, such as tossing out charges or excluding evidence.
- Step 7: Guilty Plea or Not Guilty Plea - If there is a guilty plea then the case will go directly to Step 10 Sentencing. If there is a guilty plea then the case will go to the next step.
- Step 8: Trial - This step could take months to start and even more months to complete.
- Step 9: Guilty or Not Guilty - If not guilty then the defendant is acquitted and the matter is dropped. If the defendant is found guilty then he/she moves on to Step 10 unless there are appeals filed.
- Step 10: Sentencing
Resources:
https://www.bbc.com/news/world-us-canada-65852286
https://www.washingtonpost.com/national-security/2023/06/09/trump-indicted-charges-classified-documents/
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