Former President Donald Trump was indicted last week on 37 counts related to his handling of classified documents, and all eyes are on the former president ahead of his first court appearance in the case on Tuesday.
The charges against Trump range from retaining the classified information to obstructing justice, making false statements and more. The former president allegedly kept documents related to nuclear weaponry, White House intelligence briefings and other military capabilities.
Some of the top charges against Trump carry penalties of up to 20 years in prison. The former president has maintained his innocence, but the sweeping indictment has prompted some to ask whether Trump would take a potential plea agreement in the case.
But what is a plea deal? Could Trump accept the legal agreement? Here’s what you need to know.
What is a plea deal?
A plea deal is an “Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor,” according to the Department of Justice.
The details depend on the case, but those concessions can include prosecutors recommending a lesser sentence to a judge, officials dismissing some charges and more.
Either side can start negotiations over a proposed plea bargain, the American Bar Association explained. Plea agreements can help defendants, such as Trump, avoid “the time and cost of defending themselves at trial,” according to the association. And prosecutors can also save the costs and time of a long trial.
Will Donald Trump take a plea deal?
Trump in an interview with Politico published on Saturday said he doesn’t think he’ll be convicted, and he’s not expecting to take a plea deal. He did consider the option if “they pay me some damages,” according to the outlet.
Damages, according to the Department of Justice, are funds paid in civil cases to compensate people for their injuries. The charges against Trump are criminal, not civil, though the former president did not immediately elaborate on the compensation he referenced.
USA TODAY has reached out to Trump for additional information.
Plea agreements require a person plead guilty, though sometimes people can plead guilty to lesser charges.
An attorney for Trump, Alina Habba, told Fox News on Sunday that she would advise the president against a plea deal, though she is not representing Trump in his most recent indictment.
“You take a plea deal to make something go away,” Habba said. “That’s an admission of guilt. He would never admit guilt. Because there was nothing wrong with declassifying documents, taking documents with you.”
Trump is accused showing some of the documents to guests at the Trump National Golf Club in Bedminster, New Jersey. He allegedly acknowledged that some of the documents were classified, saying “this is still a secret,” the indictment says.
Contributing: Bart Jansen and Josh Mayer, USA TODAY; Associated Press
