Here’s a look at the charges, the special counsel’s investigation, and how Trump’s case differs from other politicians who were in possession of classified documents.
WASHINGTON- The impeachment of Donald Trump on charges of mishandling classified documents at his Florida estate has brought renewed attention to one of the most notable cases in Justice Department history.
The federal charges pose the biggest legal risk yet for Trump, less than three months after he was charged in New York with 34 felony counts of falsifying business records.
Here’s a look at the charges, the special counsel’s investigation, and how Trump’s case differs from those of other politicians known to be in possession of classified documents:
WHAT ARE THE CHARGES?
Trump has been indicted on seven counts related to mishandling classified documents, according to two people familiar with the indictment but not authorized to speak publicly about it. The charges themselves are unclear and remain sealed, one person said.
Trump announced on his Truth Social social media site Thursday night that DOJ attorneys had informed his legal team that he had been indicted. He said he is due in court in Miami on Tuesday afternoon.
It was not immediately clear if anyone else would be charged in the case.
HOW DID THIS CASE COME?
Officials from the National Archives and Records Administration contacted Trump representatives in the spring of 2021 when they realized important material from his time in office was missing from his collection.
Under the Presidential Records Act, White House documents are considered US government property and must be preserved.
A Trump representative told the National Archives in December 2021 that presidential records had been found at Mar-a-Lago. In January 2022, the National Archives recovered 15 boxes of documents from Trump’s Florida home, later telling Justice Department officials that they contained “a lot” of classified material.
That May, the FBI and the Justice Department issued a subpoena for the remaining classified documents in Trump’s possession. Investigators who went to visit the property weeks later to compile the records received roughly three dozen documents and an affidavit from Trump’s lawyers certifying that the requested information had been returned.
But that claim turned out to be false. With a search warrant, federal officials returned to Mar-a-Lago in August 2022 and seized more than 33 boxes and containers totaling 11,000 documents from a repository and an office, including 100 classified documents.
In total, approximately 300 documents with classification marks, including some top secret, have been recovered from Trump since he left office in January 2021.
HOW DID A SPECIAL ADVISOR GET INVOLVED?
Last year, US Attorney General Merrick Garland selected Jack Smith, a veteran war crimes prosecutor with experience in public corruption investigations, to lead investigations into the presence of classified documents at Trump’s Florida property, as well as key aspects of a separate investigation involving the January 6, 2021 insurrection and efforts to undo the 2020 election.
Smith’s appointment was an acknowledgment by Garland of the politics involved in an investigation into a former president and current White House candidate. Garland himself was selected by Democratic President Joe Biden, whom Trump seeks to challenge for the White House in 2024.
Special counsel are appointed in cases where the Justice Department perceives itself to be in conflict or when it is considered in the public interest for someone outside the government to step in and take responsibility for a matter.
According to the Code of Federal Regulations, a special counsel must have “a reputation for integrity and impartial decision-making” as well as “an informed understanding of criminal law and Department of Justice policies.”
RELATED: Who accused Donald Trump?
WHAT IS AN ALLEGATION?
An indictment is the formal charge brought against someone after a grand jury, which is made up of members of the community, votes and enough members agree that there is enough evidence to charge someone with a crime.
The indictment against Trump remains sealed. But once the document is made public, it will expose the crime or crimes of which Trump is accused. Sometimes the indictments include a long narrative with many details about the accusations, while others are more basic and only describe the charges the defendant is facing.
DON’T BIDEN AND FORMER VICE PRESIDENT MIKE PENCE HAVE CLASSIFIED DOCUMENTS TOO?
Yes, but the circumstances of their cases are very different from the situation involving Trump.
After classified documents were found at Biden’s think tank and at Pence’s Indiana home, his lawyers notified authorities and quickly arranged for them to be released. They also authorized other searches by federal authorities to search for additional documents.
There is no indication that either man was aware of the existence of the records before they were found, and no evidence has emerged so far that Biden or Pence tried to hide the discoveries. That’s important because historically the Justice Department looks for stubbornness when deciding whether to file criminal charges.
a special lawyer was appointed earlier this year to investigate how classified materials ended up at Biden’s house de and old office. But even if the Justice Department were to find Biden’s case prosecutable based on the evidence, its Office of Legal Counsel has concluded that a president is immune from prosecution during his time in office.
As for Pence, the Justice Department informed his legal team earlier this month that it would not file criminal charges against him for his handling of the documents.
