The FBI searched Mar-a-Lago, Trump’s Florida residence, and removed several boxes of documents — some of which reportedly contained classified information about nuclear weapons. That’s part of one investigation into possible violations of the Espionage Act and improper handling of federal records. Meanwhile, a second federal investigation is looking into the January 6 attack on the Capitol and broader efforts to overturn the 2020 election, an issue that obviously could implicate the man who spent most of the 2020 lame-duck period trying to erase his loss to President Joe Biden. In Georgia, Trump consigliere Rudy Giuliani was informed by state prosecutors that he is a target of a criminal investigation into interference with the 2020 election in their state specifically. Trump could also be implicated, and even criminally charged, before this Georgia investigation concludes. In a post-election call with Georgia Secretary of State Brad Raffensperger (R), Trump told the state’s top election official that he wants “to find 11,780 votes.” Biden defeated Trump in Georgia by 11,779 votes. Then there are two separate New York investigations into the Trump Organization and Trump’s web of surrounding businesses, which are investigating allegations that Trump misrepresented his companies’ finances in order to obtain bank loans or to reduce taxes. New York Attorney General Letitia James’s (D) investigation into these allegations is primarily civil (as in, non-criminal), but a parallel investigation by Manhattan District Attorney Alvin Bragg already led to two indictments — both the Trump Organization and its CFO Allen Weisselberg were indicted in July 2021. Weisselberg pleaded guilty to more than a dozen different counts on Thursday. He also agreed to testify against the Trump Organization — but not against Trump himself — if called to do so. Nevertheless, Bragg is reluctant to indict Trump, according to an interview last month with former Manhattan prosecutor Mark Pomerantz. Trump’s staff did not respond to an inquiry seeking comment on these investigations, but the former president routinely posts statements on social media denying allegations against him, often using hyperbolic rhetoric such as comparing the United States to “broken, Third-World Countries.” Of course, all the standard disclaimers should apply. All of these investigations are ongoing and have not led to charges against Donald Trump. They may never lead to such charges. If Trump is charged, the courts must afford him a presumption of innocence until he is convicted. And even if prosecutors are convinced that they have an airtight case, they may be reluctant to file charges against a former president whose supporters have already threatened violence against people and institutions associated with the investigations into Trump — and, in at least one case, engaged in actual violence. Nevertheless, the sheer diversity of the state and federal statutes that Trump may have violated is astounding. All told, it’s four criminal investigations — two federal and two state-based — which together scrutinize Trump’s conduct before, during, and after his presidency. Even if only one of these investigations leads to a conviction, the elderly Trump could potentially spend the rest of his life behind bars. While some of the criminal statutes Trump may have violated carry penalties of only a few years in prison, others carry maximum sentences of up to 20 years. It’s a lot to keep track of, and many important details about these investigations are not publicly known and may never be revealed to the public unless Trump is eventually indicted. The US Department of Justice, in particular, has very strong rules and norms against speaking about ongoing criminal investigations — especially when those investigations involve major political figures. Worse, while DOJ is reluctant to speak about its investigations into Trump, Trump certainly is not. And that means that many initial reports about these investigations may be based on dubiously accurate social media posts by Trump himself. With these caveats in mind, here is our best attempt to explain what we do know about the criminal investigations into Trump.
The DOJ’s Mar-a-Lago classified documents investigation
The investigation into Trumpworld that most recently seized headlines is, perhaps at first glance, the most banal: a federal investigation into possible mishandling of classified documents. In early August, FBI agents executed a search warrant at Mar-a-Lago. According to a property receipt that these agents gave a Trump lawyer at the end of the search, they seized several boxes of documents, many of which they say are classified. The FBI characterized some of these documents as “classified/TS/SCI,” a designation that refers to “sensitive compartmented information” — information “concerning or derived from intelligence sources, methods, or analytical processes” that the government typically treats with extraordinary caution. Documents containing this kind of information are normally stored in specialized facilities designed to prevent the information from getting out — and not in the personal residence of a former government official. For obvious reasons, the FBI hasn’t been especially forthcoming about what was in the documents seized from Trump, but the Washington Post reported that they include “classified documents relating to nuclear weapons.” An attachment to the search warrant, which a federal court made public last week, also identifies three federal criminal statutes that the FBI believes Trump may have violated, all of which involve the destruction, concealment, or mishandling of certain government documents. Most notably, the FBI believes that Trump may have violated a provision of the Espionage Act that makes it a crime to “willfully” retain certain national security information that “the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,” rather than turning that information over to an “officer or employee of the United States entitled to receive it.” The Justice Department reportedly tried to negotiate with Trump for the return of these documents, and sought to retrieve them via a subpoena. DOJ sought a search warrant after an informant tipped them off that Trump still had classified documents at his private residence, despite the fact that one of Trump’s lawyers had signed a written statement claiming that Trump had returned all the material marked as classified that he’d stored at Mar-a-Lago. Violations of the relevant provision of the Espionage Act can lead to a prison sentence of up to 10 years, but it is still unclear whether Trump will face criminal charges for allegedly stealing these documents — or whether those charges will come anytime soon. And there are several reasons to believe that the Justice Department will move cautiously before indicting a former president whose supporters violently attacked the US Capitol less than two years ago. One is a recent Wall Street Journal report stating that “Attorney General Merrick Garland deliberated for weeks over whether to approve the application for a warrant to search former President Donald Trump’s Florida home.” Another is longstanding DOJ policies and traditions counseling against actions that could influence an upcoming election. It’s not impossible to imagine Trump being indicted before the upcoming midterms, but such an outcome is not likely. What we can say is there are signs that this investigation remains active, and that it could eventually lead to criminal charges. Among other things, in a document filed in federal court on Monday, the Justice Department asked the court to keep the affidavit it submitted to justify obtaining a search warrant secret. The affidavit, DOJ said, would reveal “highly sensitive information” that would “cause significant and irreparable damage to this ongoing criminal investigation.”
The Justice Department investigation into January 6
Last January, Garland announced that the Justice Department has “no higher priority” than its investigation into the January 6 attack on the Capitol, and that his department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” According to the Justice Department, more than 830 individuals have been charged for alleged criminal activity relating to the January 6 attack on the Capitol. And, if anything, DOJ appears to be stepping up these prosecutions. Last May, as part of its annual budget proposal, the Justice Department sought to hire 131 more lawyers to prosecute cases related to this attack. It remains unclear whether this investigation is actively investigating Trump’s own role, however — and, if so, how close it is to an indictment against the former president. And the Justice Department is likely to keep an even tighter hold on any information regarding such an investigation into Trump than it has on the Mar-a-Lago investigation. Bear in mind that virtually no one outside of the Justice Department, including purportedly the White House, knew about the FBI’s impending search of Mar-a-Lago until after it had begun. There is, however, at least one outward sign that Trump is under investigation. Last May, prosecutors subpoenaed the National Archives for the same Trump administration documents that the Archives already turned over to the US House committee investigating the January 6 attack. While the Justice Department is unlikely to say much about whether Trump could be indicted for January 6-related crimes until after such an indictment takes place, both congressional and judicial officials have indicated…
title: “The Major Criminal Investigations Into Donald Trump Explained Klmat” ShowToc: true date: “2022-11-05” author: “Malik Vick”
The FBI searched Mar-a-Lago, Trump’s Florida residence, and removed several boxes of documents — some of which reportedly contained classified information about nuclear weapons. That’s part of one investigation into possible violations of the Espionage Act and improper handling of federal records. Meanwhile, a second federal investigation is looking into the January 6 attack on the Capitol and broader efforts to overturn the 2020 election, an issue that obviously could implicate the man who spent most of the 2020 lame-duck period trying to erase his loss to President Joe Biden. In Georgia, Trump consigliere Rudy Giuliani was informed by state prosecutors that he is a target of a criminal investigation into interference with the 2020 election in their state specifically. Trump could also be implicated, and even criminally charged, before this Georgia investigation concludes. In a post-election call with Georgia Secretary of State Brad Raffensperger (R), Trump told the state’s top election official that he wants “to find 11,780 votes.” Biden defeated Trump in Georgia by 11,779 votes. Then there are two separate New York investigations into the Trump Organization and Trump’s web of surrounding businesses, which are investigating allegations that Trump misrepresented his companies’ finances in order to obtain bank loans or to reduce taxes. New York Attorney General Letitia James’s (D) investigation into these allegations is primarily civil (as in, non-criminal), but a parallel investigation by Manhattan District Attorney Alvin Bragg already led to two indictments — both the Trump Organization and its CFO Allen Weisselberg were indicted in July 2021. Weisselberg pleaded guilty to more than a dozen different counts on Thursday. He also agreed to testify against the Trump Organization — but not against Trump himself — if called to do so. Nevertheless, Bragg is reluctant to indict Trump, according to an interview last month with former Manhattan prosecutor Mark Pomerantz. Trump’s staff did not respond to an inquiry seeking comment on these investigations, but the former president routinely posts statements on social media denying allegations against him, often using hyperbolic rhetoric such as comparing the United States to “broken, Third-World Countries.” Of course, all the standard disclaimers should apply. All of these investigations are ongoing and have not led to charges against Donald Trump. They may never lead to such charges. If Trump is charged, the courts must afford him a presumption of innocence until he is convicted. And even if prosecutors are convinced that they have an airtight case, they may be reluctant to file charges against a former president whose supporters have already threatened violence against people and institutions associated with the investigations into Trump — and, in at least one case, engaged in actual violence. Nevertheless, the sheer diversity of the state and federal statutes that Trump may have violated is astounding. All told, it’s four criminal investigations — two federal and two state-based — which together scrutinize Trump’s conduct before, during, and after his presidency. Even if only one of these investigations leads to a conviction, the elderly Trump could potentially spend the rest of his life behind bars. While some of the criminal statutes Trump may have violated carry penalties of only a few years in prison, others carry maximum sentences of up to 20 years. It’s a lot to keep track of, and many important details about these investigations are not publicly known and may never be revealed to the public unless Trump is eventually indicted. The US Department of Justice, in particular, has very strong rules and norms against speaking about ongoing criminal investigations — especially when those investigations involve major political figures. Worse, while DOJ is reluctant to speak about its investigations into Trump, Trump certainly is not. And that means that many initial reports about these investigations may be based on dubiously accurate social media posts by Trump himself. With these caveats in mind, here is our best attempt to explain what we do know about the criminal investigations into Trump.
The DOJ’s Mar-a-Lago classified documents investigation
The investigation into Trumpworld that most recently seized headlines is, perhaps at first glance, the most banal: a federal investigation into possible mishandling of classified documents. In early August, FBI agents executed a search warrant at Mar-a-Lago. According to a property receipt that these agents gave a Trump lawyer at the end of the search, they seized several boxes of documents, many of which they say are classified. The FBI characterized some of these documents as “classified/TS/SCI,” a designation that refers to “sensitive compartmented information” — information “concerning or derived from intelligence sources, methods, or analytical processes” that the government typically treats with extraordinary caution. Documents containing this kind of information are normally stored in specialized facilities designed to prevent the information from getting out — and not in the personal residence of a former government official. For obvious reasons, the FBI hasn’t been especially forthcoming about what was in the documents seized from Trump, but the Washington Post reported that they include “classified documents relating to nuclear weapons.” An attachment to the search warrant, which a federal court made public last week, also identifies three federal criminal statutes that the FBI believes Trump may have violated, all of which involve the destruction, concealment, or mishandling of certain government documents. Most notably, the FBI believes that Trump may have violated a provision of the Espionage Act that makes it a crime to “willfully” retain certain national security information that “the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,” rather than turning that information over to an “officer or employee of the United States entitled to receive it.” The Justice Department reportedly tried to negotiate with Trump for the return of these documents, and sought to retrieve them via a subpoena. DOJ sought a search warrant after an informant tipped them off that Trump still had classified documents at his private residence, despite the fact that one of Trump’s lawyers had signed a written statement claiming that Trump had returned all the material marked as classified that he’d stored at Mar-a-Lago. Violations of the relevant provision of the Espionage Act can lead to a prison sentence of up to 10 years, but it is still unclear whether Trump will face criminal charges for allegedly stealing these documents — or whether those charges will come anytime soon. And there are several reasons to believe that the Justice Department will move cautiously before indicting a former president whose supporters violently attacked the US Capitol less than two years ago. One is a recent Wall Street Journal report stating that “Attorney General Merrick Garland deliberated for weeks over whether to approve the application for a warrant to search former President Donald Trump’s Florida home.” Another is longstanding DOJ policies and traditions counseling against actions that could influence an upcoming election. It’s not impossible to imagine Trump being indicted before the upcoming midterms, but such an outcome is not likely. What we can say is there are signs that this investigation remains active, and that it could eventually lead to criminal charges. Among other things, in a document filed in federal court on Monday, the Justice Department asked the court to keep the affidavit it submitted to justify obtaining a search warrant secret. The affidavit, DOJ said, would reveal “highly sensitive information” that would “cause significant and irreparable damage to this ongoing criminal investigation.”
The Justice Department investigation into January 6
Last January, Garland announced that the Justice Department has “no higher priority” than its investigation into the January 6 attack on the Capitol, and that his department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” According to the Justice Department, more than 830 individuals have been charged for alleged criminal activity relating to the January 6 attack on the Capitol. And, if anything, DOJ appears to be stepping up these prosecutions. Last May, as part of its annual budget proposal, the Justice Department sought to hire 131 more lawyers to prosecute cases related to this attack. It remains unclear whether this investigation is actively investigating Trump’s own role, however — and, if so, how close it is to an indictment against the former president. And the Justice Department is likely to keep an even tighter hold on any information regarding such an investigation into Trump than it has on the Mar-a-Lago investigation. Bear in mind that virtually no one outside of the Justice Department, including purportedly the White House, knew about the FBI’s impending search of Mar-a-Lago until after it had begun. There is, however, at least one outward sign that Trump is under investigation. Last May, prosecutors subpoenaed the National Archives for the same Trump administration documents that the Archives already turned over to the US House committee investigating the January 6 attack. While the Justice Department is unlikely to say much about whether Trump could be indicted for January 6-related crimes until after such an indictment takes place, both congressional and judicial officials have indicated…
title: “The Major Criminal Investigations Into Donald Trump Explained Klmat” ShowToc: true date: “2022-11-09” author: “Louis Sapp”
The FBI searched Mar-a-Lago, Trump’s Florida residence, and removed several boxes of documents — some of which reportedly contained classified information about nuclear weapons. That’s part of one investigation into possible violations of the Espionage Act and improper handling of federal records. Meanwhile, a second federal investigation is looking into the January 6 attack on the Capitol and broader efforts to overturn the 2020 election, an issue that obviously could implicate the man who spent most of the 2020 lame-duck period trying to erase his loss to President Joe Biden. In Georgia, Trump consigliere Rudy Giuliani was informed by state prosecutors that he is a target of a criminal investigation into interference with the 2020 election in their state specifically. Trump could also be implicated, and even criminally charged, before this Georgia investigation concludes. In a post-election call with Georgia Secretary of State Brad Raffensperger (R), Trump told the state’s top election official that he wants “to find 11,780 votes.” Biden defeated Trump in Georgia by 11,779 votes. Then there are two separate New York investigations into the Trump Organization and Trump’s web of surrounding businesses, which are investigating allegations that Trump misrepresented his companies’ finances in order to obtain bank loans or to reduce taxes. New York Attorney General Letitia James’s (D) investigation into these allegations is primarily civil (as in, non-criminal), but a parallel investigation by Manhattan District Attorney Alvin Bragg already led to two indictments — both the Trump Organization and its CFO Allen Weisselberg were indicted in July 2021. Weisselberg pleaded guilty to more than a dozen different counts on Thursday. He also agreed to testify against the Trump Organization — but not against Trump himself — if called to do so. Nevertheless, Bragg is reluctant to indict Trump, according to an interview last month with former Manhattan prosecutor Mark Pomerantz. Trump’s staff did not respond to an inquiry seeking comment on these investigations, but the former president routinely posts statements on social media denying allegations against him, often using hyperbolic rhetoric such as comparing the United States to “broken, Third-World Countries.” Of course, all the standard disclaimers should apply. All of these investigations are ongoing and have not led to charges against Donald Trump. They may never lead to such charges. If Trump is charged, the courts must afford him a presumption of innocence until he is convicted. And even if prosecutors are convinced that they have an airtight case, they may be reluctant to file charges against a former president whose supporters have already threatened violence against people and institutions associated with the investigations into Trump — and, in at least one case, engaged in actual violence. Nevertheless, the sheer diversity of the state and federal statutes that Trump may have violated is astounding. All told, it’s four criminal investigations — two federal and two state-based — which together scrutinize Trump’s conduct before, during, and after his presidency. Even if only one of these investigations leads to a conviction, the elderly Trump could potentially spend the rest of his life behind bars. While some of the criminal statutes Trump may have violated carry penalties of only a few years in prison, others carry maximum sentences of up to 20 years. It’s a lot to keep track of, and many important details about these investigations are not publicly known and may never be revealed to the public unless Trump is eventually indicted. The US Department of Justice, in particular, has very strong rules and norms against speaking about ongoing criminal investigations — especially when those investigations involve major political figures. Worse, while DOJ is reluctant to speak about its investigations into Trump, Trump certainly is not. And that means that many initial reports about these investigations may be based on dubiously accurate social media posts by Trump himself. With these caveats in mind, here is our best attempt to explain what we do know about the criminal investigations into Trump.
The DOJ’s Mar-a-Lago classified documents investigation
The investigation into Trumpworld that most recently seized headlines is, perhaps at first glance, the most banal: a federal investigation into possible mishandling of classified documents. In early August, FBI agents executed a search warrant at Mar-a-Lago. According to a property receipt that these agents gave a Trump lawyer at the end of the search, they seized several boxes of documents, many of which they say are classified. The FBI characterized some of these documents as “classified/TS/SCI,” a designation that refers to “sensitive compartmented information” — information “concerning or derived from intelligence sources, methods, or analytical processes” that the government typically treats with extraordinary caution. Documents containing this kind of information are normally stored in specialized facilities designed to prevent the information from getting out — and not in the personal residence of a former government official. For obvious reasons, the FBI hasn’t been especially forthcoming about what was in the documents seized from Trump, but the Washington Post reported that they include “classified documents relating to nuclear weapons.” An attachment to the search warrant, which a federal court made public last week, also identifies three federal criminal statutes that the FBI believes Trump may have violated, all of which involve the destruction, concealment, or mishandling of certain government documents. Most notably, the FBI believes that Trump may have violated a provision of the Espionage Act that makes it a crime to “willfully” retain certain national security information that “the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,” rather than turning that information over to an “officer or employee of the United States entitled to receive it.” The Justice Department reportedly tried to negotiate with Trump for the return of these documents, and sought to retrieve them via a subpoena. DOJ sought a search warrant after an informant tipped them off that Trump still had classified documents at his private residence, despite the fact that one of Trump’s lawyers had signed a written statement claiming that Trump had returned all the material marked as classified that he’d stored at Mar-a-Lago. Violations of the relevant provision of the Espionage Act can lead to a prison sentence of up to 10 years, but it is still unclear whether Trump will face criminal charges for allegedly stealing these documents — or whether those charges will come anytime soon. And there are several reasons to believe that the Justice Department will move cautiously before indicting a former president whose supporters violently attacked the US Capitol less than two years ago. One is a recent Wall Street Journal report stating that “Attorney General Merrick Garland deliberated for weeks over whether to approve the application for a warrant to search former President Donald Trump’s Florida home.” Another is longstanding DOJ policies and traditions counseling against actions that could influence an upcoming election. It’s not impossible to imagine Trump being indicted before the upcoming midterms, but such an outcome is not likely. What we can say is there are signs that this investigation remains active, and that it could eventually lead to criminal charges. Among other things, in a document filed in federal court on Monday, the Justice Department asked the court to keep the affidavit it submitted to justify obtaining a search warrant secret. The affidavit, DOJ said, would reveal “highly sensitive information” that would “cause significant and irreparable damage to this ongoing criminal investigation.”
The Justice Department investigation into January 6
Last January, Garland announced that the Justice Department has “no higher priority” than its investigation into the January 6 attack on the Capitol, and that his department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” According to the Justice Department, more than 830 individuals have been charged for alleged criminal activity relating to the January 6 attack on the Capitol. And, if anything, DOJ appears to be stepping up these prosecutions. Last May, as part of its annual budget proposal, the Justice Department sought to hire 131 more lawyers to prosecute cases related to this attack. It remains unclear whether this investigation is actively investigating Trump’s own role, however — and, if so, how close it is to an indictment against the former president. And the Justice Department is likely to keep an even tighter hold on any information regarding such an investigation into Trump than it has on the Mar-a-Lago investigation. Bear in mind that virtually no one outside of the Justice Department, including purportedly the White House, knew about the FBI’s impending search of Mar-a-Lago until after it had begun. There is, however, at least one outward sign that Trump is under investigation. Last May, prosecutors subpoenaed the National Archives for the same Trump administration documents that the Archives already turned over to the US House committee investigating the January 6 attack. While the Justice Department is unlikely to say much about whether Trump could be indicted for January 6-related crimes until after such an indictment takes place, both congressional and judicial officials have indicated…
title: “The Major Criminal Investigations Into Donald Trump Explained Klmat” ShowToc: true date: “2022-11-22” author: “Ann Fennell”
The FBI searched Mar-a-Lago, Trump’s Florida residence, and removed several boxes of documents — some of which reportedly contained classified information about nuclear weapons. That’s part of one investigation into possible violations of the Espionage Act and improper handling of federal records. Meanwhile, a second federal investigation is looking into the January 6 attack on the Capitol and broader efforts to overturn the 2020 election, an issue that obviously could implicate the man who spent most of the 2020 lame-duck period trying to erase his loss to President Joe Biden. In Georgia, Trump consigliere Rudy Giuliani was informed by state prosecutors that he is a target of a criminal investigation into interference with the 2020 election in their state specifically. Trump could also be implicated, and even criminally charged, before this Georgia investigation concludes. In a post-election call with Georgia Secretary of State Brad Raffensperger (R), Trump told the state’s top election official that he wants “to find 11,780 votes.” Biden defeated Trump in Georgia by 11,779 votes. Then there are two separate New York investigations into the Trump Organization and Trump’s web of surrounding businesses, which are investigating allegations that Trump misrepresented his companies’ finances in order to obtain bank loans or to reduce taxes. New York Attorney General Letitia James’s (D) investigation into these allegations is primarily civil (as in, non-criminal), but a parallel investigation by Manhattan District Attorney Alvin Bragg already led to two indictments — both the Trump Organization and its CFO Allen Weisselberg were indicted in July 2021. Weisselberg pleaded guilty to more than a dozen different counts on Thursday. He also agreed to testify against the Trump Organization — but not against Trump himself — if called to do so. Nevertheless, Bragg is reluctant to indict Trump, according to an interview last month with former Manhattan prosecutor Mark Pomerantz. Trump’s staff did not respond to an inquiry seeking comment on these investigations, but the former president routinely posts statements on social media denying allegations against him, often using hyperbolic rhetoric such as comparing the United States to “broken, Third-World Countries.” Of course, all the standard disclaimers should apply. All of these investigations are ongoing and have not led to charges against Donald Trump. They may never lead to such charges. If Trump is charged, the courts must afford him a presumption of innocence until he is convicted. And even if prosecutors are convinced that they have an airtight case, they may be reluctant to file charges against a former president whose supporters have already threatened violence against people and institutions associated with the investigations into Trump — and, in at least one case, engaged in actual violence. Nevertheless, the sheer diversity of the state and federal statutes that Trump may have violated is astounding. All told, it’s four criminal investigations — two federal and two state-based — which together scrutinize Trump’s conduct before, during, and after his presidency. Even if only one of these investigations leads to a conviction, the elderly Trump could potentially spend the rest of his life behind bars. While some of the criminal statutes Trump may have violated carry penalties of only a few years in prison, others carry maximum sentences of up to 20 years. It’s a lot to keep track of, and many important details about these investigations are not publicly known and may never be revealed to the public unless Trump is eventually indicted. The US Department of Justice, in particular, has very strong rules and norms against speaking about ongoing criminal investigations — especially when those investigations involve major political figures. Worse, while DOJ is reluctant to speak about its investigations into Trump, Trump certainly is not. And that means that many initial reports about these investigations may be based on dubiously accurate social media posts by Trump himself. With these caveats in mind, here is our best attempt to explain what we do know about the criminal investigations into Trump.
The DOJ’s Mar-a-Lago classified documents investigation
The investigation into Trumpworld that most recently seized headlines is, perhaps at first glance, the most banal: a federal investigation into possible mishandling of classified documents. In early August, FBI agents executed a search warrant at Mar-a-Lago. According to a property receipt that these agents gave a Trump lawyer at the end of the search, they seized several boxes of documents, many of which they say are classified. The FBI characterized some of these documents as “classified/TS/SCI,” a designation that refers to “sensitive compartmented information” — information “concerning or derived from intelligence sources, methods, or analytical processes” that the government typically treats with extraordinary caution. Documents containing this kind of information are normally stored in specialized facilities designed to prevent the information from getting out — and not in the personal residence of a former government official. For obvious reasons, the FBI hasn’t been especially forthcoming about what was in the documents seized from Trump, but the Washington Post reported that they include “classified documents relating to nuclear weapons.” An attachment to the search warrant, which a federal court made public last week, also identifies three federal criminal statutes that the FBI believes Trump may have violated, all of which involve the destruction, concealment, or mishandling of certain government documents. Most notably, the FBI believes that Trump may have violated a provision of the Espionage Act that makes it a crime to “willfully” retain certain national security information that “the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,” rather than turning that information over to an “officer or employee of the United States entitled to receive it.” The Justice Department reportedly tried to negotiate with Trump for the return of these documents, and sought to retrieve them via a subpoena. DOJ sought a search warrant after an informant tipped them off that Trump still had classified documents at his private residence, despite the fact that one of Trump’s lawyers had signed a written statement claiming that Trump had returned all the material marked as classified that he’d stored at Mar-a-Lago. Violations of the relevant provision of the Espionage Act can lead to a prison sentence of up to 10 years, but it is still unclear whether Trump will face criminal charges for allegedly stealing these documents — or whether those charges will come anytime soon. And there are several reasons to believe that the Justice Department will move cautiously before indicting a former president whose supporters violently attacked the US Capitol less than two years ago. One is a recent Wall Street Journal report stating that “Attorney General Merrick Garland deliberated for weeks over whether to approve the application for a warrant to search former President Donald Trump’s Florida home.” Another is longstanding DOJ policies and traditions counseling against actions that could influence an upcoming election. It’s not impossible to imagine Trump being indicted before the upcoming midterms, but such an outcome is not likely. What we can say is there are signs that this investigation remains active, and that it could eventually lead to criminal charges. Among other things, in a document filed in federal court on Monday, the Justice Department asked the court to keep the affidavit it submitted to justify obtaining a search warrant secret. The affidavit, DOJ said, would reveal “highly sensitive information” that would “cause significant and irreparable damage to this ongoing criminal investigation.”
The Justice Department investigation into January 6
Last January, Garland announced that the Justice Department has “no higher priority” than its investigation into the January 6 attack on the Capitol, and that his department “remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law.” According to the Justice Department, more than 830 individuals have been charged for alleged criminal activity relating to the January 6 attack on the Capitol. And, if anything, DOJ appears to be stepping up these prosecutions. Last May, as part of its annual budget proposal, the Justice Department sought to hire 131 more lawyers to prosecute cases related to this attack. It remains unclear whether this investigation is actively investigating Trump’s own role, however — and, if so, how close it is to an indictment against the former president. And the Justice Department is likely to keep an even tighter hold on any information regarding such an investigation into Trump than it has on the Mar-a-Lago investigation. Bear in mind that virtually no one outside of the Justice Department, including purportedly the White House, knew about the FBI’s impending search of Mar-a-Lago until after it had begun. There is, however, at least one outward sign that Trump is under investigation. Last May, prosecutors subpoenaed the National Archives for the same Trump administration documents that the Archives already turned over to the US House committee investigating the January 6 attack. While the Justice Department is unlikely to say much about whether Trump could be indicted for January 6-related crimes until after such an indictment takes place, both congressional and judicial officials have indicated…
