Q&A on Trump’s Federal Indictment
On June 9, the Department of Justice unsealed a 44-page indictment against former President Donald Trump detailing allegations not only of mishandling sensitive classified documents after he left office, but of obstructing federal officials who tried to get them back.
In a brief public statement, Jack Smith, the special counsel who is bringing the case, said the indictment charges Trump “with felony violations of our national security laws as well as participating in a conspiracy to obstruct justice.”
“Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced,” Smith said. “Violations of those laws put our country at risk.”
Trump now becomes the first former president to face federal criminal charges. A summons compels him to surrender to authorities in Miami on June 13 for his arraignment.
“We have one set of laws in this country, and they apply to everyone,” Smith added.
Smith said his office would seek a “speedy trial … consistent with the public interest and the rights of the accused.” (For more on the investigation, see “Timeline of FBI Investigation of Trump’s Handling of Highly Classified Documents.”)
Here, we answer some questions about the indictment. What’s in it? What’s Trump’s response? And more.
What are the charges against Trump?
The indictment contains 37 felony counts – including violating Section 793(e) of Title 18, which is part of the Espionage Act. That section of the law makes it a crime to have “unauthorized possession of, access to, or control over” documents “relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”
The 37 charges include 31 counts of “willful retention of national defense information,” a crime punishable by up to 10 years in prison.
Additional counts of “conspiracy to obstruct justice,” “withholding a document or
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