Former President Donald Trump continues to make history as he faces his second indictment − the first by a federal grand jury − over his handling of hundreds of classified documents.
The indictment, unsealed by the Justice Department, charges Trump with dozens of allegations, with 31 related to the willful retention of national defense information. The other charges include conspiracy to commit obstruction and false statements.
As Trump prepares for his latest court appearance here’s what you need to know.
4 takeaways:Donald Trump’s indictment: charges, lawyers, alleged conspirator and judge
Why was Trump indicted?
Trump was indicted for allegedly mishandling hundreds of classified documents.
More than 300 classified documents were recovered more than a year after Trump left the White House, most under subpoena in June 2022 or during an FBI search in August 2022. Justice Department special counsel Jack Smith has been investigating the potential mishandling of national defense records.
The indictment alleges that the ex-president intentionally kept classified documents he took with him from the White House to his Florida home after leaving office in January 2021. The documents in Trump’s possession included material on nuclear programs, U.S. and foreign governments’ defense and weapons capabilities and a Pentagon “attack plan,” according to the indictment. Trump is also accused of showing documents to guests at the Trump National Golf Club in Bedminster, New Jersey, among other allegations.
Will Trump surrender?
Typically, in federal court, most defendants have a preliminary appearance with a judge before an arraignment for them to enter a plea, according to veteran former federal prosecutor and Justice Department official Gene Rossi.
However, Trump is set to be arraigned at the federal courthouse in Miami on Tuesday at 3 p.m., with no news of a preliminary appearance.
Rossi suspects that, in Trump’s case, authorities will combine those two proceedings to eliminate the need for a second logistical headache.
More:Trump ‘now in the major leagues.’ How will Tuesday court appearance unfold?
Can Trump still run for president?
Yes, Trump can continue his 2024 presidential campaign, even after being indicted again.
“Legally speaking, there is nothing to bar a former president from being indicted for a state crime, running for office – even convicted,” said Jessica Levinson, founding director of Loyola Law School’s Public Service Institute, previously told USA TODAY. “It really just becomes an issue of, practically, how could you run the country behind bars, if ever came to something like that?”
The Constitution only lays out three requirements to serve as president. You must be:
- A natural-born citizen
- At least 35 years old
- A resident of the U.S. for at least 14 years.
Contributing The Associated Press, Bart Jansen, Josh Meyer, Marina Pitofsky, Rachel Looker and Ella Lee
