The Justice Department announced on Thursday, June 8 that former President Donald Trump would be indicted for seven counts, including conspiracy to obstruct and willful retention. It is the first time a former president faces federal criminal charges. Professor David Sklansky, a criminal law expert, discusses these charges and what could happen next.
Could you explain the charges to me?
News reports indicate that although the indictment is not yet public, the charges are wrongful retention of classified documents, conspiracy to obstruct the justice system, and false statements. The charges are related to Trump’s alleged failure to return classified documents when instructed, his false assurances about the return of sensitive documents, and his attempts to obstruct government efforts to find the documents.
What are the penalties? Are they punishable by harsh penalties?
These are serious charges and could lead to serious penalties. For example, violating the Espionage Act can result in up to 10 years of prison.
What is the DOJ’s evidence?
We won’t be able to tell until the court hears the evidence. The legal theory is straightforward when compared to the charges that were brought by Manhattan District attorney Alvin Bragg against Trump, as well as the charges he could face in the future related to Georgia election fraud and the January 6 protests. Under the Espionage Act, Trump is guilty if he knew he was in possession of sensitive documents related to national security but didn’t return it. False statements are a crime if he deliberately misled the government regarding the documents. He is guilty of obstruction if he and anyone else formed a plan to thwart the government’s attempts to find the documents.
Can you think of a plausible defence for the former President?
It depends on his personal knowledge. It doesn’t matter if the documents are “classified” as Trump has claimed. Trump has said that he had declassified them before removing them from the White House. Even if this is true, it doesn’t mean that the charges can be dismissed.
These accusations have been characterized as politically motivated. Do you have any proof of this?
It will be fascinating to see if Trump and his attorneys raise any defenses in court. Nothing he’s said publicly about the case so far will serve as a legal defence. This includes Trump’s claims that the case was politically motivated. He could dismiss the charges if he can prove that others who committed similar crimes were not prosecuted by the Department of Justice. There doesn’t appear to be any evidence that supports this claim.
What is next for ?
Trump will surrender himself to federal law enforcement officers in Miami on Tuesday next week and appear in court the same day to enter his plea. Then he’ll be released, most likely without bail. The trial is not scheduled for a specific date.