Trump indicted in classified documents case

“This is election interference at the highest level,” says Trump after historic decision by Department of Justice to indict former president over classified documents.

By The Associated Press

Former President Donald Trump has been indicted on charges of mishandling classified documents at his Florida estate, a remarkable development that makes him the first former president in U.S. history to face criminal charges by the federal government that he once oversaw.

The Justice Department was expected to make public a seven-count indictment ahead of a historic court appearance next week in the midst of a 2024 presidential campaign punctuated by criminal prosecutions in multiple states.

The indictment carries unmistakably grave legal consequences, including the possibility of prison if Trump’s convicted.

But it also has enormous political implications, potentially upending a Republican presidential primary that Trump had been dominating and testing anew the willingness of GOP voters and party leaders to stick with a now twice-indicted candidate who could face still more charges.

The Justice Department did not immediately confirm the indictment publicly. But two people familiar with the situation who were not authorized to discuss it publicly said that the indictment included seven criminal counts. One of those people said Trump’s lawyers were contacted by prosecutors shortly before he announced Thursday on his Truth Social platform that he had been indicted.

Within minutes of his announcement, Trump, who said he was due in court Tuesday afternoon in Miami, began fundraising off it for his presidential campaign. He declared his innocence in a video and repeated his familiar refrain that the investigation is a “witch hunt.”

Speaking with Fox News Thursday night, Trump accused the Biden administration Department of Justice of “election interference at the highest level,” and called the Biden White House “the most corrupt” administration in American history.

“They are trying to deflect all of their dishonesty by bringing this ridiculous boxes hoax case.”

“They’re not going to get away with it.”

Trump denied any wrongdoing, citing the Presidential Records Act, which he said “makes me totally innocent.”

The case adds to deepening legal jeopardy for Trump, who has already been indicted in New York and faces additional investigations in Washington and Atlanta that also could lead to criminal charges. But among the various investigations he faces, legal experts — as well as Trump’s own aides — had long seen the Mar-a-Lago probe as the most perilous threat and the one most ripe for prosecution. Campaign aides had been bracing for the fallout since Trump’s attorneys were notified that he was the target of the investigation, assuming it was not a matter of if charges would be brought, but when.

Appearing Thursday night on CNN, Trump attorney James Trusty said the indictment includes charges of willful retention of national defense information — a crime under the Espionage Act, which polices the handling of government secrets — obstruction, false statements and conspiracy.

The indictment arises from a monthslong investigation into whether Trump broke the law by holding onto hundreds of documents marked classified at his Palm Beach property, Mar-a-Lago, and whether Trump took steps to obstruct the government’s efforts to recover the records.

Prosecutors have said that Trump took roughly 300 classified documents to Mar-a-Lago after leaving the White House, including some 100 that were seized by the FBI last August in a search of the home that underscored the gravity of the Justice Department’s investigation. Trump has repeatedly insisted that he was entitled to keep the classified documents when he left the White House, and has also claimed without evidence that he had declassified them.

Court records unsealed last year showed federal investigators believed they had probable cause that multiple crimes had been committed, including the retention of national defense information, destruction of government records and obstruction.

Since then, the Justice Department has amassed additional evidence and secured grand jury testimony from people close to Trump, including his own lawyers. The statutes governing the handling of classified records and obstruction are felonies that could carry years in prison in the event of a conviction.

Signs had mounted for weeks that an indictment was near, including a Monday meeting between Trump’s lawyers and Justice Department officials. His lawyers had also recently been notified that he was the target of the investigation, the clearest sign yet that an indictment was looming.

The Justice Department has said Trump repeatedly resisted efforts by the National Archives and Records Administration to get the documents back. After months of back-and-forth, Trump representatives returned 15 boxes of records in January 2022, including about 184 documents that officials said had classified markings on them.

FBI and Justice Department investigators issued a subpoena in May 2022 for classified documents that remained in Trump’s possession. But after a Trump lawyer provided three dozen records and asserted that a diligent search of the property had been done, officials came to suspect even more documents remained.

The investigation had simmered for months before bursting into front-page news in remarkable fashion last August. That’s when FBI agents served a search warrant on Mar-a-Lago and removed 33 boxes containing classified records, including top-secret documents stashed in a storage room and desk drawer and commingled with personal belongings. Some records were so sensitive that investigators needed upgraded security clearances to review them, the Justice Department has said.

The investigation into Trump had appeared complicated — politically, if not legally — by the discovery of documents with classified markings in the Delaware home and former Washington office of President Joe Biden, as well as in the Indiana home of former Vice President Mike Pence. The Justice Department recently informed Pence that he would not face charges, while a second special counsel continues to investigate Biden’s handling of classified documents.

classified informationDonald TrumpUS Justice Department