A day after Donald Trump himself announced that he would be charged next Tuesday with crimes related to the management of classified documents, it was announced that the case, initially investigated in Washington, was transferred to Miami, and that the trial will be scheduled and chaired by Aileen Cannon, a conservative appointed in 2020 by the former president himself. The federal judge, who has already shown signs of favoring the Republican during the investigative process, can postpone the trial to a date favorable to the defendant’s agenda, i.e. when the Republican nomination has already been determined or even after the presidential elections.
Trump, who said one thing and the other about this case in which he kept thousands of state documents at home, including 200 classified documents (he even went so far as to claim that he had the power to release documents just by thinking about them) , will be charged with 37 crimes: 31 involved deliberately keeping national defense secrets in violation of the Espionage Act; plus a felony of conspiracy to obstruct justice, a felony of withholding a document or record, a felony of corruptly concealing a document, a felony of concealing a document in a federal investigation, a felony of intent to concealment and a misdemeanor misrepresentation.
The publicly released document states that each of the 31 charges of deliberately withholding national defense information carries a maximum prison sentence of 10 years. Four of the other counts carry a maximum sentence of 20 years in prison and two counts carry a maximum sentence of five years.
Special Counsel Jack Smith, in a brief statement, invited citizens to read the indictment in its entirety “to understand the scope and gravity of the crimes charged” and said the country has “a set of laws that apply to everyone “.
Special Counsel Jack Smith’s decision to transfer the case from the capitol to Miami could be unassailable from a legal and logical point of view, given that the alleged crimes were committed at Trump’s residence and resort in Mar-a-Lago, Florida. But it is not without risk. First, given the sociological configuration of the state, jurors will be more favorable to the former president. Second, the agency’s discretion will allow Aileen Cannon to tip the chessboard of justice, from accepting motions to denying some or all charges, or deciding what evidence to admit or exclude.
Donald Trump is charged with withholding national defense secrets, concealing classified documents and making false statements, a total of 38 crimes.
Of course, the decisions could be appealed to a higher court, but that would only delay the process. And speaking of delays, Donald Trump’s defense team – which has since lost two lawyers – will certainly want to postpone the trial until after the election cycle. The nomination of the Republican candidate will take place in July 2024 and the election will then take place on November 5. On the other hand, prosecutors will want to take the case to court as soon as possible, as Jack Smith mentioned during the statement.
During his term, Trump appointed more than 200 federal judges, including Cannon, and three of them to the Supreme Court. Without much experience, the judge made a controversial decision that delayed the investigation in this particular case.
Shortly after the FBI searches of Trump’s home, Aileen Cannon granted an appeal from the businessman’s attorneys by authorizing an independent audit of the seized material to assess whether there were any documents protected by his status as a former president. Cannon justified the measure, which was needed to “ensure at least the appearance of justice and integrity in extraordinary circumstances,” which was criticized by legal experts and delayed the investigation for months, until an appeals court overturned its decision.
The news that Trump has been indicted comes the same week that the number of Republican candidates in the primary rose from seven to 10. By confirming his run, former Vice President Mike Pence parted the waters. “Anyone who puts himself above the Constitution should never be president of the United States, and anyone who asks another to put himself above the Constitution should never be president again,” Pence declared. “President Trump demanded that I choose between him and our Constitution. Now voters will face the same choice,” he said of the pressure placed on him not to accept the Electoral College results.
Faced with the possibility of his now opponent being impeached, however, he was less resolute. On the one hand, he said that “no one is above the law”, but on the other hand, he hopes that if the allegation is upheld, it “reaches a high level to justify what would likely result in divisive action in the country. and that would send a terrible message to the rest of the world”. Made a statement before the prosecutor decided to release the charges.
Former governor and former Trump adviser Chris Christie, who billed himself as the “anti-Trump” in the primary, said in statements to Fox News that “the problem with all of this is that it involves self-inflicted wounds.”
In March, Trump will face trial for the first time in the New York State fraud case. Still in this state, a lawsuit is pending against the Trump Organization, Donald and his children for manipulating the value of real estate: the prosecutor is asking for $ 250 million. Other more serious charges could come from attempts to have the 2020 election annulled, both in the state of Georgia and at the federal level.
Chronology
Documents back and forth
January 20, 2021
Donald Trump is leaving the presidency. Boxes of documents that by law should go to the National Archives are being shipped to Mar-a-Lago, his Florida residence.
Be able to
The National Archives Administration contacts the Trump team to inform them that some presidential documents will be missing, and they repeatedly request them in the following months.
January 2022
Almost a year later, 15 boxes of documentation, gifts and other materials are transported to the Archives. When officials discovered classified documents the following month, they referred the case to the Justice Department to investigate possible misuse of classified files.
Spring
By questioning witnesses, the FBI finds out that Trump keeps documents on his property. Despite a Trump attorney, Christina Bobb, claiming that the former president’s legal team conducted an “exhaustive search” and found nothing more, the FBI investigation has access to security video showing two employees carrying boxes to move the storage space.
August
With a search warrant, FBI agents spend nearly nine hours in Mar-a-Lago. Following the club’s storage facility, Trump’s home and offices were searched and more than 100 classified documents, ranging from confidential to top secret, were seized. More than 11,000 documents and about 20 offers were also seized.
November
Three days after Trump announced his candidacy for president, the Attorney General appoints Jack Smith as special counsel to oversee the investigation. Not only that, Smith is also overseeing the investigation into the events leading up to the invasion of the Capitol on January 6, 2021.
Source: DN
