Former President Donald Trump, 76, faces a set of charges relating to the handling of classified White House documents and alleged obstruction of the government’s investigation. The charges, which have been linked to an Espionage Act charge, carry significant potential prison time of up to 75 years if convicted on all counts, according to sources familiar with the matter.
The indictment accuses Trump of several offenses, allegedly including the willful retention of national defense documents, conspiring to obstruct justice, withholding documents, corruptly concealing records, concealing a document in a federal investigation, scheming to conceal, and making false statements. Trump’s lawyer, Jim Trusty, has confirmed that these charges stem from the Espionage Act charge, although the exact nature of each charge remains somewhat unclear.
One of the charges pertains to the allegations that Trump apparently kept a large number of classified materials at his Mar-a-Lago estate in Florida, which were subsequently seized during FBI raids. Trump has argued that he declassified all relevant material from the White House, asserting that a president holds the authority to declassify information, even through mental processes alone. However, the Espionage Act prohibits the willful retention of national defense information without delivering it to the authorized recipient. This offense carries a maximum penalty of 10 years imprisonment and/or a fine.
Another charge accuses Trump of allegedly conspiring to obstruct justice by allegedly instructing others to mislead government officials involved in the retrieval of classified documents. This charge falls under federal law, which prohibits the use of threats or force to influence, intimidate, or impede US officials in the performance of their duties. The maximum penalty for this offense is 10 years imprisonment and/or a fine.
Trump also faces a charge related to his alleged actions of purposefully reviewing top-secret government documents with the intention of retaining some of the material. This offense, similar to the Espionage Act charge, involves the unauthorized removal and retention of classified documents. It prohibits the knowing removal of such documents without authorization and with the intent to retain them at an unauthorized location. The maximum penalty for this offense is 5 years imprisonment and/or a fine.
The charge of corruptly concealing a document encompasses both the act of threatening others to mislead a federal investigation and the illegal retention of classified documents. This charge is aimed at individuals who alter, destroy, mutilate, or conceal records, documents, or other objects with the intent to impair their integrity or availability for use in an official proceeding, or who obstruct, influence, or impede any official proceeding. If convicted, Trump could face a punishment of up to 20 years imprisonment and/or a fine.
Additionally, Trump is accused of hiding classified documents while federal investigators were conducting searches at his private residences. The act of tampering with evidence, such as altering, destroying, or concealing records, documents, or other tangible objects with the intent to obstruct or impede a court proceeding, carries a maximum sentence of 20 years imprisonment and/or a fine.
Furthermore, Trump is alleged to have knowingly hidden classified documents while serving in the executive, legislative, or judicial branches of the US government. This offense carries a maximum penalty of 5 years imprisonment and/or a fine. If found to have been involved in domestic terrorism, an additional 8-year sentence could be imposed.
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Lastly, Trump could potentially face charges for making false statements and representations, specifically related to allegations of lying about the presence of top-secret government papers in his private residence.
