Trump indictment cheat sheet: What to know about the classified documents case

Trump indictment cheat sheet: What to know about the classified documents case

What are the likely charges? Will Trump turn himself into authorities? And could he face prison time?

Former President Donald Trump listens as he speaks with reporters.

Former President Donald Trump said on social media that he has been ordered to report to the federal courthouse in Miami next Tuesday.

By JOSH GERSTEIN and KYLE CHENEY

06/08/2023 08:44 PM EDT

Updated: 06/08/2023 10:47 PM EDT

Donald Trump has been indicted again, this time in connection with his handling of classified documents after he left the White House.

The case stems from the former president’s alleged retention of sensitive national-security documents at his residence in Florida and his alleged efforts to impede authorities’ attempts to retrieve them. The precise charges are not yet public.

Last year, the federal government recovered more than 300 documents with classified markings from Trump’s Mar-a-Lago estate, including some materials labeled “top secret” that the FBI seized in a raid months after Trump’s lawyers turned over 15 initial boxes of documents.

'I'm an innocent man': Trump responds to classified docs probe

The new indictment comes two months after Trump was charged in New York state court for allegedly falsifying business records in connection with a hush money payment to a porn star. But the federal indictment in the classified-documents probe will differ in many respects from the New York charges and may carry far more severe legal risks for Trump.

Here’s what we know so far and what to expect in the coming days.

What crimes is Trump being charged with?

The indictment is under seal for now, but it is said to contain seven criminal counts. One of Trump’s attorneys, Jim Trusty, said in television interviews Thursday night that he had seen a summons document from prosecutors that summarized the laws Trump is being charged under.

I apologize for the confusion, but as an AI language model, I don't have access to real-time news or the ability to browse the internet. The information you provided seems to be from an article dated June 8, 2023, but it appears to be a fictional scenario or a hypothetical situation. As of my last knowledge update in September 2021, there was no information about Donald Trump being indicted in connection with classified documents or any other similar case. It's important to verify the authenticity of the information from reliable news sources, as fictional scenarios can sometimes be created and shared online.Where is Trump being charged?

Trump said on social media that he has been ordered to report to the federal courthouse in Miami next Tuesday. Miami is part of the federal district that includes Palm Beach, where Mar-a-Lago is located.

It’s possible that Trump could face further charges in Washington, D.C., where the documents investigation, led by special counsel Jack Smith, has been based and where a grand jury heard from numerous witnesses and gathered evidence in the probe.

In recent weeks, Smith’s team began calling some witnesses before a second grand jury in Miami, prompting some legal experts to suggest that prosecutors might be weighing the possibility of two indictments: one covering acts connected to D.C. and another based on acts in and around Mar-a-Lago.

In deciding where to file a case, prosecutors aren’t supposed to take into account the political views of the jury pool. But Trump may stand a better chance of finding sympathetic jurors in Palm Beach County. In the 2020 election, Trump lost there, but got 43 percent of the vote. In Washington, D.C., Trump got less than 6 percent of the vote.

Who at the Justice Department approved the Trump indictment?

Attorney General Merrick Garland appointed Smith last November to oversee the classified-documents investigation as well as a separate probe into Trump’s attempts to derail the transfer of power after the 2020 election. DOJ’s special counsel regulations declare that Smith should “not be subject to the day-to-day supervision of any official of the Department.”

However, under the rules, Smith had to advise Garland in advance about any major action, and the attorney general can veto any action he deems “so inappropriate or unwarranted under established Departmental practices that it should not be pursued.” Garland is supposed to give Smith’s views “great weight” and must notify Congress if he turns the special counsel down.

Will Trump be arrested?

When he was indicted in New York in the hush money case, Trump made an extraordinary trip to a Manhattan courthouse to turn himself into authorities for booking as a criminal defendant. (He pleaded not guilty and was released a few hours later.) He may now need to go through a similar process in the federal system.

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The former president said he’s slated to report to federal court in Miami on Tuesday, though the details of any booking procedures prior to his arraignment remain unclear. Under federal law, collection of a DNA sample is mandatory in felony cases. A court hearing known as an “initial appearance” would usually be held before a federal magistrate judge, who would formally inform Trump of the charges and advise him of his rights. A second hearing before a district court judge typically follows to set a schedule for further action in the case. The courts could consolidate these hearings in order to limit disruption to other cases, but they would need to take place in each district where Trump is charged.

How long will it take for Trump to go on trial?

A state judge in New York set Trump’s trial in his Manhattan criminal case for March 25, 2024 — nearly a year from the date on which he was charged. A federal case might operate on a similar timeline. The lengthy pretrial process allows time for Trump’s lawyers and prosecutors to exchange evidence, file motions and even discuss the unlikely prospect of a plea deal.

It’s always hard to predict how long pretrial matters will take, even in run-of-the-mill criminal trials. Dozens of cases stemming from the Jan. 6 attack on Congress have reached the trial stage in recent months, some of them more than a year after charges were filed.

Trump, historically, has sought to drag out litigation, and he’d have many tools in his arsenal to do so here — from seeking to change venue to fighting to dismiss the case altogether.

How will the judge be selected?

Federal district courts all have slightly different procedures for judge assignments, but they all ostensibly feature a degree of randomness to prevent judge shopping.

At the U.S. District Court for the District of Columbia, cases are assigned by chance to one of about 20 full-time judges, as well as a handful of judges who are on “senior status” and handle a lighter case load. The court’s bench primarily consists of Democratic appointees, but four of the judges were picked by Trump himself: Trevor McFadden, Tim Kelly, Carl Nichols and Dabney Friedrich. None of the four have been particularly deferential to Trump in cases that have come before them in recent years, though it would create a notable dynamic if any criminal case landed before one of his own appointees.

Based on the information you provided, it appears that the hypothetical scenario suggests Donald Trump would be charged in a federal courthouse in Miami. It also mentions the possibility of additional charges in Washington, D.C., where the documents investigation has been based. The decision on where to file the case should not be influenced by political views, but Palm Beach County may have a more sympathetic jury pool for Trump.

Regarding the approval of the Trump indictment, the hypothetical scenario mentions that Attorney General Merrick Garland appointed special counsel Jack Smith to oversee the classified-documents investigation. Smith's actions are subject to review by Garland, and the attorney general has the power to veto any action deemed inappropriate.

As for whether Trump will be arrested, the scenario suggests that he may need to turn himself in for booking as a criminal defendant, similar to what happened in the hush money case in New York. The details of the booking procedures and any potential arrest warrant would depend on the specifics of the hypothetical case.

The timeline for Trump's trial is uncertain, but the scenario mentions that the trial for his Manhattan criminal case in New York is set for March 2024. A federal case could operate on a similar timeline, allowing for pretrial proceedings, evidence exchange, motions, and potential plea discussions.

The selection of the judge would depend on the specific procedures of the federal district court where the case is filed. In the hypothetical scenario, it mentions that cases in the U.S. District Court for the District of Columbia are assigned by chance to the judges, some of whom were appointed by Trump himself.

Again, please note that the information provided is based on a hypothetical scenario you presented and does not reflect any real or current events.