The FBI entered uncharted territory when it executed a search warrant last week at former President Donald Trump’s Mar-a-Lago club and personal residence in Palm Beach, Florida. According to the unsealed warrant and the accompanying FBI manifest of seized items, the feds recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some that were classified as top secret. The warrant also said the Justice Department is investigating whether Trump violated three federal laws, including the Espionage Act, related to the handling of national security information. The raid — and its ongoing impact — sparked a national firestorm as the public grappled with the reality that there is an active criminal investigation into the former president of the United States. It also opened up a number of questions given the unprecedented nature of the investigation. Chief among them: what happens next, and how might this end for Trump? Here are some possible scenarios:
The investigation ends without charges being filed
In the 250-year history of the US, no former commander-in-chief has ever faced criminal charges. And while the FBI raid indicates that its investigation has entered an aggressive phase, the investigation could well end without an indictment of Trump. For a somewhat similar example of this choice (though not involving a former president), look to Trump’s former personal defense attorney, Rudy Giuliani. The FBI raided Giuliani’s home and office last year and seized more than a dozen of his electronic devices as part of a criminal investigation into whether Giuliani violated foreign lobbying laws. Former New York City Mayor Rudy Giuliani speaks during a news conference in Miami in July 2021. Matias J. Ocner/Miami Herald/Tribune News Service But earlier this month, the feds returned Giuliani’s devices to him, and the New York Times reported that he is unlikely to face criminal charges related to his work in Ukraine. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, cautioned against assuming that the Mar-a-Lago raid would lead to indictments and said it was possible the Justice Department only wanted to recover the records it had Trump at his Florida property. “In a case involving sensitive documents, a high priority for the government is to protect the content from disclosure, which can be difficult when a case is being heard in open court,” McQuade told Insider. “The warrant may have been executed just to get the documents back. It was Trump who made the public announcement about it.” If he is not indicted, Trump would have a clear path to run for president in 2024 — as he has repeatedly indicated he will — and land back in the White House.
Trump agrees not to seek public office to avoid impeachment
At the other end of the spectrum, prosecutors could bring criminal charges against the 45th president over his handling of government records. If they do, it could go one of several ways. An option with some historical precedent: a deal in which Trump would agree not to seek public office to avoid impeachment. In 2001, on his last day in office, then-President Bill Clinton cut a deal with Whitewater special prosecutor Robert Wray: He would give up his license to practice law in the state of Arkansas for five years and Whitewater’s team would not pursue criminal charges. actions. charges against him for lying under oath about his sexual relationship with former White House intern Monica Lewinsky. Whitewater investigators also fined Clinton $250,000, which he paid, and the Supreme Court suspended him from arguing cases before him. The court gave Clinton 40 days to explain why he should not be fired after the Arkansas Bar Association suspended him, but rather than face disbarment, Clinton resigned as a member of the Supreme Court. Monica Lewinsky worked as an intern in the White House under former President Bill Clinton. Getty Images In Trump’s case, although the Justice Department probe into his handling of government records is the most public since the FBI raid, it is not the only ongoing federal investigation linked to him. The department is also conducting a wide-ranging investigation into the Jan. 6, 2021, Capitol riot, and several former senior White House officials have been subpoenaed in recent weeks as at least two grand juries investigate the events leading up to the attack. Prosecutors are said to be looking into Trump’s actions surrounding the riot, and his lawyers are reportedly more concerned about Trump’s legal report as the attorney general publicly emphasizes that “no person is above the law.” Then there’s the separate congressional investigation of Jan. 6, which has so far singled out five federal laws that lawmakers believe Trump may have violated in connection with the insurgency. Trump’s defense attorney, Alina Haba, recently appeared to hint at the possibility of him agreeing not to seek office again in exchange for avoiding criminal charges. “I’ve sat across from him every time he gets frustrated and I say, ‘Mr. President, if you want me to settle all your differences, you’re going to have to announce that you’re not running for office and all that. it will stop,” Habba told Real America’s Voice.
Trump is indicted, convicted and behind bars — but he can still run for president
If Trump is charged with a crime — or crimes — but reneges on a plea deal, the case will proceed to a criminal trial. According to the FBI’s search warrant, prosecutors are looking into whether Trump violated three federal laws:
18 USC § 793, a key aspect of the Espionage Act relating to the removal of information relevant to the US national defense. Conviction on this charge carries a maximum sentence of 10 years in prison. 18 USC § 2071, which prohibits the concealment, removal, or mutilation of government records generally. Conviction on this charge carries a maximum sentence of three years and disqualification from holding public office. 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records “with intent to obstruct, impede, or affect the investigation or proper administration of any matter” within the jurisdiction of federal agencies or departments. Conviction on this charge carries a maximum sentence of 20 years in prison.
In total, the former president will face up to 33 years in prison, according to legal experts. “These are serious crimes because they endanger our national security,” McQuade said. “Facts will matter. I imagine that as with the Hillary Clinton investigation, the Justice Department will want to assess intent.” He added that the inclusion of Section 1519 — the obstruction statute — “suggests that Trump may have tried to hide from the government what he had. If so, that factor would tend to favor prosecution.” This begs the question: if Trump is indicted, convicted and sentenced to prison, can he still run for president in 2024? The short answer is yes, and it has been done in the past. As Insider previously reported, there is nothing in the Constitution that prevents someone from running for president if they are behind bars. Socialist candidate Eugene Debs was convicted of treason under the Espionage Act when he ran for president in 1920. And Lyndon LaRouche, who was convicted of mail fraud in 1988 and imprisoned, ran for president in 1992. If convicted of violating two of the three laws listed above, Trump could theoretically launch a presidential campaign in 2024 even while incarcerated. However, if convicted of violating Article 2071, he could be disqualified from office again. That said, lawyers told The New York Times that it’s unlikely Trump would be disqualified from running again even if convicted of violating 2071, citing Supreme Court rulings that show Congress can’t override the Constitution’s eligibility criteria for the presidency. …
title: “How Trump S Legal Troubles Could Play Out After The Fbi Raid On Mar A Lago Klmat” ShowToc: true date: “2022-11-25” author: “William Stovall”
The FBI entered uncharted territory when it executed a search warrant last week at former President Donald Trump’s Mar-a-Lago club and personal residence in Palm Beach, Florida. According to the unsealed warrant and the accompanying FBI manifest of seized items, the feds recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some that were classified as top secret. The warrant also said the Justice Department is investigating whether Trump violated three federal laws, including the Espionage Act, related to the handling of national security information. The raid — and its ongoing impact — sparked a national firestorm as the public grappled with the reality that there is an active criminal investigation into the former president of the United States. It also opened up a number of questions given the unprecedented nature of the investigation. Chief among them: what happens next, and how might this end for Trump? Here are some possible scenarios:
The investigation ends without charges being filed
In the 250-year history of the US, no former commander-in-chief has ever faced criminal charges. And while the FBI raid indicates that its investigation has entered an aggressive phase, the investigation could well end without an indictment of Trump. For a somewhat similar example of this choice (though not involving a former president), look to Trump’s former personal defense attorney, Rudy Giuliani. The FBI raided Giuliani’s home and office last year and seized more than a dozen of his electronic devices as part of a criminal investigation into whether Giuliani violated foreign lobbying laws. Former New York City Mayor Rudy Giuliani speaks during a news conference in Miami in July 2021. Matias J. Ocner/Miami Herald/Tribune News Service But earlier this month, the feds returned Giuliani’s devices to him, and the New York Times reported that he is unlikely to face criminal charges related to his work in Ukraine. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, cautioned against assuming that the Mar-a-Lago raid would lead to indictments and said it was possible the Justice Department only wanted to recover the records it had Trump at his Florida property. “In a case involving sensitive documents, a high priority for the government is to protect the content from disclosure, which can be difficult when a case is being heard in open court,” McQuade told Insider. “The warrant may have been executed just to get the documents back. It was Trump who made the public announcement about it.” If he is not indicted, Trump would have a clear path to run for president in 2024 — as he has repeatedly indicated he will — and land back in the White House.
Trump agrees not to seek public office to avoid impeachment
At the other end of the spectrum, prosecutors could bring criminal charges against the 45th president over his handling of government records. If they do, it could go one of several ways. An option with some historical precedent: a deal in which Trump would agree not to seek public office to avoid impeachment. In 2001, on his last day in office, then-President Bill Clinton cut a deal with Whitewater special prosecutor Robert Wray: He would give up his license to practice law in the state of Arkansas for five years and Whitewater’s team would not pursue criminal charges. actions. charges against him for lying under oath about his sexual relationship with former White House intern Monica Lewinsky. Whitewater investigators also fined Clinton $250,000, which he paid, and the Supreme Court suspended him from arguing cases before him. The court gave Clinton 40 days to explain why he should not be fired after the Arkansas Bar Association suspended him, but rather than face disbarment, Clinton resigned as a member of the Supreme Court. Monica Lewinsky worked as an intern in the White House under former President Bill Clinton. Getty Images In Trump’s case, although the Justice Department probe into his handling of government records is the most public since the FBI raid, it is not the only ongoing federal investigation linked to him. The department is also conducting a wide-ranging investigation into the Jan. 6, 2021, Capitol riot, and several former senior White House officials have been subpoenaed in recent weeks as at least two grand juries investigate the events leading up to the attack. Prosecutors are said to be looking into Trump’s actions surrounding the riot, and his lawyers are reportedly more concerned about Trump’s legal report as the attorney general publicly emphasizes that “no person is above the law.” Then there’s the separate congressional investigation of Jan. 6, which has so far singled out five federal laws that lawmakers believe Trump may have violated in connection with the insurgency. Trump’s defense attorney, Alina Haba, recently appeared to hint at the possibility of him agreeing not to seek office again in exchange for avoiding criminal charges. “I’ve sat across from him every time he gets frustrated and I say, ‘Mr. President, if you want me to settle all your differences, you’re going to have to announce that you’re not running for office and all that. it will stop,” Habba told Real America’s Voice.
Trump is indicted, convicted and behind bars — but he can still run for president
If Trump is charged with a crime — or crimes — but reneges on a plea deal, the case will proceed to a criminal trial. According to the FBI’s search warrant, prosecutors are looking into whether Trump violated three federal laws:
18 USC § 793, a key aspect of the Espionage Act relating to the removal of information relevant to the US national defense. Conviction on this charge carries a maximum sentence of 10 years in prison. 18 USC § 2071, which prohibits the concealment, removal, or mutilation of government records generally. Conviction on this charge carries a maximum sentence of three years and disqualification from holding public office. 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records “with intent to obstruct, impede, or affect the investigation or proper administration of any matter” within the jurisdiction of federal agencies or departments. Conviction on this charge carries a maximum sentence of 20 years in prison.
In total, the former president will face up to 33 years in prison, according to legal experts. “These are serious crimes because they endanger our national security,” McQuade said. “Facts will matter. I imagine that as with the Hillary Clinton investigation, the Justice Department will want to assess intent.” He added that the inclusion of Section 1519 — the obstruction statute — “suggests that Trump may have tried to hide from the government what he had. If so, that factor would tend to favor prosecution.” This begs the question: if Trump is indicted, convicted and sentenced to prison, can he still run for president in 2024? The short answer is yes, and it has been done in the past. As Insider previously reported, there is nothing in the Constitution that prevents someone from running for president if they are behind bars. Socialist candidate Eugene Debs was convicted of treason under the Espionage Act when he ran for president in 1920. And Lyndon LaRouche, who was convicted of mail fraud in 1988 and imprisoned, ran for president in 1992. If convicted of violating two of the three laws listed above, Trump could theoretically launch a presidential campaign in 2024 even while incarcerated. However, if convicted of violating Article 2071, he could be disqualified from office again. That said, lawyers told The New York Times that it’s unlikely Trump would be disqualified from running again even if convicted of violating 2071, citing Supreme Court rulings that show Congress can’t override the Constitution’s eligibility criteria for the presidency. …
title: “How Trump S Legal Troubles Could Play Out After The Fbi Raid On Mar A Lago Klmat” ShowToc: true date: “2022-12-17” author: “Steven Willette”
The FBI entered uncharted territory when it executed a search warrant last week at former President Donald Trump’s Mar-a-Lago club and personal residence in Palm Beach, Florida. According to the unsealed warrant and the accompanying FBI manifest of seized items, the feds recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some that were classified as top secret. The warrant also said the Justice Department is investigating whether Trump violated three federal laws, including the Espionage Act, related to the handling of national security information. The raid — and its ongoing impact — sparked a national firestorm as the public grappled with the reality that there is an active criminal investigation into the former president of the United States. It also opened up a number of questions given the unprecedented nature of the investigation. Chief among them: what happens next, and how might this end for Trump? Here are some possible scenarios:
The investigation ends without charges being filed
In the 250-year history of the US, no former commander-in-chief has ever faced criminal charges. And while the FBI raid indicates that its investigation has entered an aggressive phase, the investigation could well end without an indictment of Trump. For a somewhat similar example of this choice (though not involving a former president), look to Trump’s former personal defense attorney, Rudy Giuliani. The FBI raided Giuliani’s home and office last year and seized more than a dozen of his electronic devices as part of a criminal investigation into whether Giuliani violated foreign lobbying laws. Former New York City Mayor Rudy Giuliani speaks during a news conference in Miami in July 2021. Matias J. Ocner/Miami Herald/Tribune News Service But earlier this month, the feds returned Giuliani’s devices to him, and the New York Times reported that he is unlikely to face criminal charges related to his work in Ukraine. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, cautioned against assuming that the Mar-a-Lago raid would lead to indictments and said it was possible the Justice Department only wanted to recover the records it had Trump at his Florida property. “In a case involving sensitive documents, a high priority for the government is to protect the content from disclosure, which can be difficult when a case is being heard in open court,” McQuade told Insider. “The warrant may have been executed just to get the documents back. It was Trump who made the public announcement about it.” If he is not indicted, Trump would have a clear path to run for president in 2024 — as he has repeatedly indicated he will — and land back in the White House.
Trump agrees not to seek public office to avoid impeachment
At the other end of the spectrum, prosecutors could bring criminal charges against the 45th president over his handling of government records. If they do, it could go one of several ways. An option with some historical precedent: a deal in which Trump would agree not to seek public office to avoid impeachment. In 2001, on his last day in office, then-President Bill Clinton cut a deal with Whitewater special prosecutor Robert Wray: He would give up his license to practice law in the state of Arkansas for five years and Whitewater’s team would not pursue criminal charges. actions. charges against him for lying under oath about his sexual relationship with former White House intern Monica Lewinsky. Whitewater investigators also fined Clinton $250,000, which he paid, and the Supreme Court suspended him from arguing cases before him. The court gave Clinton 40 days to explain why he should not be fired after the Arkansas Bar Association suspended him, but rather than face disbarment, Clinton resigned as a member of the Supreme Court. Monica Lewinsky worked as an intern in the White House under former President Bill Clinton. Getty Images In Trump’s case, although the Justice Department probe into his handling of government records is the most public since the FBI raid, it is not the only ongoing federal investigation linked to him. The department is also conducting a wide-ranging investigation into the Jan. 6, 2021, Capitol riot, and several former senior White House officials have been subpoenaed in recent weeks as at least two grand juries investigate the events leading up to the attack. Prosecutors are said to be looking into Trump’s actions surrounding the riot, and his lawyers are reportedly more concerned about Trump’s legal report as the attorney general publicly emphasizes that “no person is above the law.” Then there’s the separate congressional investigation of Jan. 6, which has so far singled out five federal laws that lawmakers believe Trump may have violated in connection with the insurgency. Trump’s defense attorney, Alina Haba, recently appeared to hint at the possibility of him agreeing not to seek office again in exchange for avoiding criminal charges. “I’ve sat across from him every time he gets frustrated and I say, ‘Mr. President, if you want me to settle all your differences, you’re going to have to announce that you’re not running for office and all that. it will stop,” Habba told Real America’s Voice.
Trump is indicted, convicted and behind bars — but he can still run for president
If Trump is charged with a crime — or crimes — but reneges on a plea deal, the case will proceed to a criminal trial. According to the FBI’s search warrant, prosecutors are looking into whether Trump violated three federal laws:
18 USC § 793, a key aspect of the Espionage Act relating to the removal of information relevant to the US national defense. Conviction on this charge carries a maximum sentence of 10 years in prison. 18 USC § 2071, which prohibits the concealment, removal, or mutilation of government records generally. Conviction on this charge carries a maximum sentence of three years and disqualification from holding public office. 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records “with intent to obstruct, impede, or affect the investigation or proper administration of any matter” within the jurisdiction of federal agencies or departments. Conviction on this charge carries a maximum sentence of 20 years in prison.
In total, the former president will face up to 33 years in prison, according to legal experts. “These are serious crimes because they endanger our national security,” McQuade said. “Facts will matter. I imagine that as with the Hillary Clinton investigation, the Justice Department will want to assess intent.” He added that the inclusion of Section 1519 — the obstruction statute — “suggests that Trump may have tried to hide from the government what he had. If so, that factor would tend to favor prosecution.” This begs the question: if Trump is indicted, convicted and sentenced to prison, can he still run for president in 2024? The short answer is yes, and it has been done in the past. As Insider previously reported, there is nothing in the Constitution that prevents someone from running for president if they are behind bars. Socialist candidate Eugene Debs was convicted of treason under the Espionage Act when he ran for president in 1920. And Lyndon LaRouche, who was convicted of mail fraud in 1988 and imprisoned, ran for president in 1992. If convicted of violating two of the three laws listed above, Trump could theoretically launch a presidential campaign in 2024 even while incarcerated. However, if convicted of violating Article 2071, he could be disqualified from office again. That said, lawyers told The New York Times that it’s unlikely Trump would be disqualified from running again even if convicted of violating 2071, citing Supreme Court rulings that show Congress can’t override the Constitution’s eligibility criteria for the presidency. …
title: “How Trump S Legal Troubles Could Play Out After The Fbi Raid On Mar A Lago Klmat” ShowToc: true date: “2022-11-06” author: “Thomas Knight”
The FBI entered uncharted territory when it executed a search warrant last week at former President Donald Trump’s Mar-a-Lago club and personal residence in Palm Beach, Florida. According to the unsealed warrant and the accompanying FBI manifest of seized items, the feds recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some that were classified as top secret. The warrant also said the Justice Department is investigating whether Trump violated three federal laws, including the Espionage Act, related to the handling of national security information. The raid — and its ongoing impact — sparked a national firestorm as the public grappled with the reality that there is an active criminal investigation into the former president of the United States. It also opened up a number of questions given the unprecedented nature of the investigation. Chief among them: what happens next, and how might this end for Trump? Here are some possible scenarios:
The investigation ends without charges being filed
In the 250-year history of the US, no former commander-in-chief has ever faced criminal charges. And while the FBI raid indicates that its investigation has entered an aggressive phase, the investigation could well end without an indictment of Trump. For a somewhat similar example of this choice (though not involving a former president), look to Trump’s former personal defense attorney, Rudy Giuliani. The FBI raided Giuliani’s home and office last year and seized more than a dozen of his electronic devices as part of a criminal investigation into whether Giuliani violated foreign lobbying laws. Former New York City Mayor Rudy Giuliani speaks during a news conference in Miami in July 2021. Matias J. Ocner/Miami Herald/Tribune News Service But earlier this month, the feds returned Giuliani’s devices to him, and the New York Times reported that he is unlikely to face criminal charges related to his work in Ukraine. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, cautioned against assuming that the Mar-a-Lago raid would lead to indictments and said it was possible the Justice Department only wanted to recover the records it had Trump at his Florida property. “In a case involving sensitive documents, a high priority for the government is to protect the content from disclosure, which can be difficult when a case is being heard in open court,” McQuade told Insider. “The warrant may have been executed just to get the documents back. It was Trump who made the public announcement about it.” If he is not indicted, Trump would have a clear path to run for president in 2024 — as he has repeatedly indicated he will — and land back in the White House.
Trump agrees not to seek public office to avoid impeachment
At the other end of the spectrum, prosecutors could bring criminal charges against the 45th president over his handling of government records. If they do, it could go one of several ways. An option with some historical precedent: a deal in which Trump would agree not to seek public office to avoid impeachment. In 2001, on his last day in office, then-President Bill Clinton cut a deal with Whitewater special prosecutor Robert Wray: He would give up his license to practice law in the state of Arkansas for five years and Whitewater’s team would not pursue criminal charges. actions. charges against him for lying under oath about his sexual relationship with former White House intern Monica Lewinsky. Whitewater investigators also fined Clinton $250,000, which he paid, and the Supreme Court suspended him from arguing cases before him. The court gave Clinton 40 days to explain why he should not be fired after the Arkansas Bar Association suspended him, but rather than face disbarment, Clinton resigned as a member of the Supreme Court. Monica Lewinsky worked as an intern in the White House under former President Bill Clinton. Getty Images In Trump’s case, although the Justice Department probe into his handling of government records is the most public since the FBI raid, it is not the only ongoing federal investigation linked to him. The department is also conducting a wide-ranging investigation into the Jan. 6, 2021, Capitol riot, and several former senior White House officials have been subpoenaed in recent weeks as at least two grand juries investigate the events leading up to the attack. Prosecutors are said to be looking into Trump’s actions surrounding the riot, and his lawyers are reportedly more concerned about Trump’s legal report as the attorney general publicly emphasizes that “no person is above the law.” Then there’s the separate congressional investigation of Jan. 6, which has so far singled out five federal laws that lawmakers believe Trump may have violated in connection with the insurgency. Trump’s defense attorney, Alina Haba, recently appeared to hint at the possibility of him agreeing not to seek office again in exchange for avoiding criminal charges. “I’ve sat across from him every time he gets frustrated and I say, ‘Mr. President, if you want me to settle all your differences, you’re going to have to announce that you’re not running for office and all that. it will stop,” Habba told Real America’s Voice.
Trump is indicted, convicted and behind bars — but he can still run for president
If Trump is charged with a crime — or crimes — but reneges on a plea deal, the case will proceed to a criminal trial. According to the FBI’s search warrant, prosecutors are looking into whether Trump violated three federal laws:
18 USC § 793, a key aspect of the Espionage Act relating to the removal of information relevant to the US national defense. Conviction on this charge carries a maximum sentence of 10 years in prison. 18 USC § 2071, which prohibits the concealment, removal, or mutilation of government records generally. Conviction on this charge carries a maximum sentence of three years and disqualification from holding public office. 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records “with intent to obstruct, impede, or affect the investigation or proper administration of any matter” within the jurisdiction of federal agencies or departments. Conviction on this charge carries a maximum sentence of 20 years in prison.
In total, the former president will face up to 33 years in prison, according to legal experts. “These are serious crimes because they endanger our national security,” McQuade said. “Facts will matter. I imagine that as with the Hillary Clinton investigation, the Justice Department will want to assess intent.” He added that the inclusion of Section 1519 — the obstruction statute — “suggests that Trump may have tried to hide from the government what he had. If so, that factor would tend to favor prosecution.” This begs the question: if Trump is indicted, convicted and sentenced to prison, can he still run for president in 2024? The short answer is yes, and it has been done in the past. As Insider previously reported, there is nothing in the Constitution that prevents someone from running for president if they are behind bars. Socialist candidate Eugene Debs was convicted of treason under the Espionage Act when he ran for president in 1920. And Lyndon LaRouche, who was convicted of mail fraud in 1988 and imprisoned, ran for president in 1992. If convicted of violating two of the three laws listed above, Trump could theoretically launch a presidential campaign in 2024 even while incarcerated. However, if convicted of violating Article 2071, he could be disqualified from office again. That said, lawyers told The New York Times that it’s unlikely Trump would be disqualified from running again even if convicted of violating 2071, citing Supreme Court rulings that show Congress can’t override the Constitution’s eligibility criteria for the presidency. …
title: “How Trump S Legal Troubles Could Play Out After The Fbi Raid On Mar A Lago Klmat” ShowToc: true date: “2022-11-09” author: “Royal Good”
The FBI entered uncharted territory when it executed a search warrant last week at former President Donald Trump’s Mar-a-Lago club and personal residence in Palm Beach, Florida. According to the unsealed warrant and the accompanying FBI manifest of seized items, the feds recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some that were classified as top secret. The warrant also said the Justice Department is investigating whether Trump violated three federal laws, including the Espionage Act, related to the handling of national security information. The raid — and its ongoing impact — sparked a national firestorm as the public grappled with the reality that there is an active criminal investigation into the former president of the United States. It also opened up a number of questions given the unprecedented nature of the investigation. Chief among them: what happens next, and how might this end for Trump? Here are some possible scenarios:
The investigation ends without charges being filed
In the 250-year history of the US, no former commander-in-chief has ever faced criminal charges. And while the FBI raid indicates that its investigation has entered an aggressive phase, the investigation could well end without an indictment of Trump. For a somewhat similar example of this choice (though not involving a former president), look to Trump’s former personal defense attorney, Rudy Giuliani. The FBI raided Giuliani’s home and office last year and seized more than a dozen of his electronic devices as part of a criminal investigation into whether Giuliani violated foreign lobbying laws. Former New York City Mayor Rudy Giuliani speaks during a news conference in Miami in July 2021. Matias J. Ocner/Miami Herald/Tribune News Service But earlier this month, the feds returned Giuliani’s devices to him, and the New York Times reported that he is unlikely to face criminal charges related to his work in Ukraine. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, cautioned against assuming that the Mar-a-Lago raid would lead to indictments and said it was possible the Justice Department only wanted to recover the records it had Trump at his Florida property. “In a case involving sensitive documents, a high priority for the government is to protect the content from disclosure, which can be difficult when a case is being heard in open court,” McQuade told Insider. “The warrant may have been executed just to get the documents back. It was Trump who made the public announcement about it.” If he is not indicted, Trump would have a clear path to run for president in 2024 — as he has repeatedly indicated he will — and land back in the White House.
Trump agrees not to seek public office to avoid impeachment
At the other end of the spectrum, prosecutors could bring criminal charges against the 45th president over his handling of government records. If they do, it could go one of several ways. An option with some historical precedent: a deal in which Trump would agree not to seek public office to avoid impeachment. In 2001, on his last day in office, then-President Bill Clinton cut a deal with Whitewater special prosecutor Robert Wray: He would give up his license to practice law in the state of Arkansas for five years and Whitewater’s team would not pursue criminal charges. actions. charges against him for lying under oath about his sexual relationship with former White House intern Monica Lewinsky. Whitewater investigators also fined Clinton $250,000, which he paid, and the Supreme Court suspended him from arguing cases before him. The court gave Clinton 40 days to explain why he should not be fired after the Arkansas Bar Association suspended him, but rather than face disbarment, Clinton resigned as a member of the Supreme Court. Monica Lewinsky worked as an intern in the White House under former President Bill Clinton. Getty Images In Trump’s case, although the Justice Department probe into his handling of government records is the most public since the FBI raid, it is not the only ongoing federal investigation linked to him. The department is also conducting a wide-ranging investigation into the Jan. 6, 2021, Capitol riot, and several former senior White House officials have been subpoenaed in recent weeks as at least two grand juries investigate the events leading up to the attack. Prosecutors are said to be looking into Trump’s actions surrounding the riot, and his lawyers are reportedly more concerned about Trump’s legal report as the attorney general publicly emphasizes that “no person is above the law.” Then there’s the separate congressional investigation of Jan. 6, which has so far singled out five federal laws that lawmakers believe Trump may have violated in connection with the insurgency. Trump’s defense attorney, Alina Haba, recently appeared to hint at the possibility of him agreeing not to seek office again in exchange for avoiding criminal charges. “I’ve sat across from him every time he gets frustrated and I say, ‘Mr. President, if you want me to settle all your differences, you’re going to have to announce that you’re not running for office and all that. it will stop,” Habba told Real America’s Voice.
Trump is indicted, convicted and behind bars — but he can still run for president
If Trump is charged with a crime — or crimes — but reneges on a plea deal, the case will proceed to a criminal trial. According to the FBI’s search warrant, prosecutors are looking into whether Trump violated three federal laws:
18 USC § 793, a key aspect of the Espionage Act relating to the removal of information relevant to the US national defense. Conviction on this charge carries a maximum sentence of 10 years in prison. 18 USC § 2071, which prohibits the concealment, removal, or mutilation of government records generally. Conviction on this charge carries a maximum sentence of three years and disqualification from holding public office. 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records “with intent to obstruct, impede, or affect the investigation or proper administration of any matter” within the jurisdiction of federal agencies or departments. Conviction on this charge carries a maximum sentence of 20 years in prison.
In total, the former president will face up to 33 years in prison, according to legal experts. “These are serious crimes because they endanger our national security,” McQuade said. “Facts will matter. I imagine that as with the Hillary Clinton investigation, the Justice Department will want to assess intent.” He added that the inclusion of Section 1519 — the obstruction statute — “suggests that Trump may have tried to hide from the government what he had. If so, that factor would tend to favor prosecution.” This begs the question: if Trump is indicted, convicted and sentenced to prison, can he still run for president in 2024? The short answer is yes, and it has been done in the past. As Insider previously reported, there is nothing in the Constitution that prevents someone from running for president if they are behind bars. Socialist candidate Eugene Debs was convicted of treason under the Espionage Act when he ran for president in 1920. And Lyndon LaRouche, who was convicted of mail fraud in 1988 and imprisoned, ran for president in 1992. If convicted of violating two of the three laws listed above, Trump could theoretically launch a presidential campaign in 2024 even while incarcerated. However, if convicted of violating Article 2071, he could be disqualified from office again. That said, lawyers told The New York Times that it’s unlikely Trump would be disqualified from running again even if convicted of violating 2071, citing Supreme Court rulings that show Congress can’t override the Constitution’s eligibility criteria for the presidency. …
