Former US president Donald Trump is facing an uphill climb in his quest to return to the White House, following his indictment on Friday on federal criminal charges.
Trump, who is seeking to secure the GOP presidential nomination once again, faces 31 counts over his handling of classified documents after he left office. His indictment, which marks the first time a former president will face federal criminal charges, puts his presidential ambition in jeopardy as he squares up to others, including his former vice president Mike Pence.
Trump’s Mar-a-Lago, Florida home was raided by the FBI in August last year, with tens of classified documents recovered. Following a special counsel inquiry, the former president and his aides were found wanting for mishandling classified documents.
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“Today, an indictment was unsealed charging Donald J. Trump with felony violations of our national security laws as well as participating in a conspiracy to obstruct justice,” special counsel Jack Smith said in brief remarks Friday. “I invite everyone to read it in full to understand the scope and the gravity of the crimes charged.”
Trump’s aide, Walt Nauta, was charged as a co-conspirator with six felony counts.
The former president had lied to the FBI and his lawyer that he had no more classified documents in his possession, only for about 100 more to be discovered in his home’s restroom.
According to the charges, Trump faces 37 counts of willful retention of national defense information under the Espionage Act. He is also accused of conspiring to obstruct justice; corruptly concealing a document or record; concealing a document in a federal investigation; and making false statements.
Though he denied any wrongdoing, describing the charges as a hoax, the former president may be spending a long time in prison if found guilty of just one count.
GOP Sen. Lisa Murkowski of Alaska, who voted for Trump’s impeachment in 2021, over his involvement in the Jan 6 Capitol riot, described the charges as ‘quite serious.’
“Mishandling classified documents is a federal crime because it can expose national secrets, as well as the sources and methods they were obtained through,” she said in a statement.
“Anyone found guilty – whether an analyst, a former president, or another elected or appointed official – should face the same set of consequences.”
While Trump has attempted to downplay the weight of the charges, legal experts have described them as ‘overwhelming’ and ‘serious’, indicating a potential severe consequence that may cost him his presidential ambition.
“It is an extremely damning indictment,” said Jonathan Turley, a George Washington University law professor who testified in Trump’s defense during the first impeachment effort against him in 2019, on Fox News.
“It’s overwhelming in details. And the Trump team should not fool itself; these are hits below the water line. This is not an indictment that you can dismiss.”
The 37-count indictment against former President Donald Trump reveals that each willful retention charge is associated with a classified document discovered at Mar-A-Lago. These documents were labeled as “SECRET” or “TOP SECRET” and covered various topics such as U.S. nuclear weapons, the nuclear capabilities of a foreign nation, and the military activities and capabilities of other countries.
According to the indictment, Donald Trump disclosed a classified military map and discussed a “plan of attack” developed by the Pentagon. This information was shared with a member of his political action committee who did not possess the necessary security clearance.
“In July 2021, at Trump National Golf Club in Bedminster, New Jersey (‘The Bedminster Club’), during an audio-recorded meeting with a writer, a publisher, and two members of his staff, none of whom possessed a security clearance, TRUMP showed and described a ‘plan of attack’ that TRUMP said was prepared for him by the Department of Defense and a senior military official,” the indictment said.
Trump’s two indictments, including several other criminal charges, are the biggest hurdle in his quest to return to the Oval Office.
Norm Eisen, senior fellow of the Brookings Institution, said in his assessment of the indictment that “Trump will very likely be convicted.”
While the US Constitution does not impose any limitations on individuals indicted or convicted of a crime, or even those currently serving prison time, from running for or winning the presidency, Trump’s conviction will probably result in lengthy imprisonment.
The most severe charges he faces could entail individual prison terms of up to 20 years. This means, even though the judges could give Trump consideration as a former president by reducing his sentence, his jail term will likely overlap the 2024 presidential campaign and tenure.