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Obstruction, false statements and unlawfully retaining documents: The charges against Donald Trump
Obstruction, false statements and unlawfully retaining documents: The charges against Donald Trump
Donald Trump is expected to face seven counts in a federal indictment stemming from the US Department of Justice investigation into his possession of classified documents at his Mar-a-Lago property. Federal prosecutors are expected to charge him with the willful retention of national defense secrets in violation of the Espionage Act, making false statements, obstruction and witness tampering. Mr Trump will surrender, face arrest, and be formally charged in US District Court in Miami, as soon as next week, after a federal grand jury believed there was enough evidence to bring charges against him. A potential sentence, if convicted, could include decades in prison. The exact charges against Mr Trump have not been announced, and it is unclear whether an indictment against him will remain sealed until it is formally presented in federal court. Mr Trump said he was due in federal court in Miami at 3pm ET on Tuesday 13 June. He has repeatedly denied any wrongdoing and declared the investigations against him a “witch hunt”. An investigation from special counsel Jack Smith, who was appointed to lead the Justice Department’s probe into the former president’s alleged mishandling of documents after leaving the White House, reportedly is looking into whether his lawyers falsely certified that he returned classified records to the government, or whether he concealed them, illegally, and lied to his legal team. Federal prosecutors are expected to present compelling evidence that the former president knowingly and deliberately misled his attorneys about his retention of sensitive documents after leaving the White House in January 2021 after losing his re-election bid. Unauthorised retention of national security documents The frontrunner for the 2024 Republican presidential nomination will face charges under the Espionage Act, which the Justice Department invoked against now-former National Security Agency translator Reality Winner while Mr Trump was president in 2018. Julian Assange and Daniel Hale also were charged under the Espionage Act in 2019. Mr Trump is now expected to face that same charge, according to his lawyer James Trusty. One of the six sections under the Espionage Act, Section 793, prohibits “gathering, transmitting or losing” any “information respecting the national defence”. The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit the former president’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Florida property long after his term expired on 20 January 2021. That section of US criminal law is written in a way that could encompass Mr Trump’s conduct even if he was authorised to possess the information as president. It states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document … relating to the national defence” and “willfully” transmits such information in any way can face a prison sentence of up to 10 years. Obstruction A charge of obstruction in this case likely involves the “destruction, alteration, or falsification of records in federal investigations.” In a case before a jury, federal prosecutors must prove whether Mr Trump knowingly retained documents under the National Archives and Records Administration’s custody, and willfully defied the Justice Department’s subpoena for classified documents in his possession. A conviction includes a penalty of up to 20 years in prison. An additional charge of conspiracy, which would need to include another person in order to commit a crime, could carry a sentence of five years. Making false statements Mr Trump could face additional charges for making false statements, or allowing his legal team to make false statements, if prosecutors determine that he lied to law enforcement about the documents in his possession at the subject of the subpoenas against him. That could include an additional five-year sentence, if convicted. Witness tampering Section 1512 under Title 18 includes a broad prohibition against tampering with a witness, victim or informant involved in a federal investigation. It applies to matters before Congress as well as federal agencies and civil and criminal judicial proceedings, including grand jury proceedings. A conviction includes a maximum sentence of 20 years in prison. A federal indictment against Mr Trump arrives days after a last-ditch attempt by his legal team to convince Justice Department officials against charging him. Investigators launched a probe early last year after officials with the National Archives and Records Administration discovered more than 100 documents bearing classification markings while reviewing 15 boxes retrieved from Mr Trump’s Mar-a-Lago home. US Attorney General Merrick Garland appointed Mr Smith, a former war crimes prosecutor at The Hague, as special counsel to lead the probe. An indictment serves as a formal accusation, among a prosecutor’s first steps before a case can be brought to trial. Grand jurors heard evidence and testimony brought forward from prosecutors and witnesses they chose to present. In a trial, a jury will hear from defence attorneys. Following Mr Trump’s formal indictment, prosecutors will share evidence with his legal team and likely begin motions to dismiss the case. Andrew Feinberg contributed reporting Read More Trump indictment - live: Trump says he’s ‘an innocent man’ as he faces seven charges in documents case Read Trump’s furious reaction to federal indictment in classified documents case Trump has been indicted again: Here are all of the major lawsuits and investigations he is facing
2023-06-09 10:58
'I’d probably be a better parent': Harrison Ford opens up about balancing parenthood and movie career
'I’d probably be a better parent': Harrison Ford opens up about balancing parenthood and movie career
Harrison Ford, who stayed 'out of town' most of his life, said 'the more constant gardener is the better parent'
2023-06-01 07:29
Who is Dan Harvey? Robert De Niro's longtime personal trainer reveals actor's rigorous work-out routines
Who is Dan Harvey? Robert De Niro's longtime personal trainer reveals actor's rigorous work-out routines
Dan Harvey was testifying in the court in a workplace discrimination trial initiated by Graham Chase Robinson, the actor's ex-personal assistant
2023-11-09 14:58
Adin Ross praises xQc's Ender Dragon pendant, defends streamer against critics: 'Hating on it is weird'
Adin Ross praises xQc's Ender Dragon pendant, defends streamer against critics: 'Hating on it is weird'
Adin Ross expressed admiration for xQc's Ender Dragon pendant and praised its captivating design and colors
2023-10-18 13:29
Is Tyrie Cleveland OK? Eagles receiver stretchered off field during preseason game against Browns
Is Tyrie Cleveland OK? Eagles receiver stretchered off field during preseason game against Browns
Tyrie Cleveland was, however, said to be doing okay as his team posted, 'He has movement in all of his extremities'
2023-08-18 14:52
Is Matt Roloff OK? 'Little People, Big World' star hospitalized after routine upper endoscopy
Is Matt Roloff OK? 'Little People, Big World' star hospitalized after routine upper endoscopy
Matt Roloff went for a regular esophagus checkup when doctors revealed he has a stomach complication
2023-05-23 12:46
GAA World Games: Derry welcomes Cambodian GAA stars of the future
GAA World Games: Derry welcomes Cambodian GAA stars of the future
Cambodia's Cáirde Khmer are welcomed to Swatragh as the GAA World Games come to a close.
2023-07-29 14:18
Pita Limjaroenrat: Thailand's reformist leader faces uncertain PM vote
Pita Limjaroenrat: Thailand's reformist leader faces uncertain PM vote
The man who won the election must overcome conservative rivals and last-ditch legal hurdles to take power.
2023-07-13 10:27
Deputies accuse man of using Nintendo 'Duck Hunt' pistol during robbery
Deputies accuse man of using Nintendo 'Duck Hunt' pistol during robbery
A South Carolina man was arrested after authorities said he robbed a convenience store with a fake gun designed to play a Nintendo video game.
2023-06-03 18:22
Father praised for performing ‘embarrassing’ dance moves when picking daughter up from high school
Father praised for performing ‘embarrassing’ dance moves when picking daughter up from high school
A father has been praised for the “embarrassing” dance moves he’s performed when picking his daughter up from high school. Jevin Smith shared a video to TikTok last month of some of the “most embarrassing parent pick ups” he’s done at his daughter’s school. Smith’s video started off with him wearing a gold jacket and black pants, while he danced to MC Hammer’s “2 Legit 2 Quit.” While continuing some of his moves, he started making his way towards his daughter, Jayna, who had her head down, seemingly due to her embarrassment over her father’s arrival. As she continued to walk next to her father while they headed towards his car, Smith danced in front of her. He also continued dancing as he walked towards the driver’s seat of the car. Although the next clip of the montage began in a similar fashion, it had a different musical theme, as the text read: “How I would have picked up my daughter in the 80s.” Jayna was seen laughing and shaking her head, as her father was wearing a curly wig with a sweatband over it, a striped tank top, tan shorts, and socks that went up to his knees. The video continued with Smith dancing to “I Feel For You’” by Chaka Khan, before he opened his car door for his daughter. In the background, some of the other students at Jayna’s school were seen laughing and cheering Smith on. Smith’s third video in the montage showed him wearing a curly wig, hat, black sweatshirt, and matching jeans, before making his way towards his daughter, who was was exiting her school. While Jayna was laughing and had her head down, Smith went on to rap along to Ice Cube’s “It Was a Good Day”. He also poked fun at the song’s title in the text on the video, writing: “Today was a good day for me, but was it for my daughter?” As he continued his singing and dancing, he put his arm over his daughter’s shoulder, before taking her school bag from her. He then opened the backseat door of his car for her, while she still appeared embarrassed by her father’s dancing. Smith’s video has quickly gone viral on TikTok, where it has amassed more than four million views. In the comments, many people went on to applaud the father for his dance moves, and made jokes about how he could have entertained some of the other students at the school. @wealthyjev Here’s a #throwback of some of my most #embarrassing #DaddyDaughterPickUp s ??? I know my daughter @Reigny cant wait yo graduate ??♂️ Which #parentpickup was your favorite? ? #throwbackthursday ♬ original sound - Wealthy Jev “I absolutely love that you open the door for her! Great dad!!” one wrote. “This man better have his own page in the yearbook,” another quipped, while a third added: “If I was a teacher at that school, I would be RUNNING after the bell rings to watch this in person.” Speaking to Today, Jayna, who’s a senior in high school, noted that while she was initially embarrassed by her father’s dances, she now finds them to be quite amusing. “In the beginning, when he first started doing it, I was like, this is unbearable. Imagine watching your father get out of the car and start dancing,” Jayna said. “Now I think it’s hilarious. There’s never a time when I’m upset. He’s like a celebrity at school now. Everyone loves his TikTok.” Smith also noted to the publication that, while he started doing these dances for Jayna during her sophomore year, he doesn’t do them all the time. The father, who picks his daughter up from school everyday, acknowledged that he can tell by her face when she’s had a bad day. During those instances, he’ll “either tone down the dance, or get right back in the car,” as reported by Today. He added that he also only does the dances once a month, and doesn’t tell her daughter when it’s going to happen. The Independent has contacted Smith for comment. Read More Lily Allen celebrates third wedding anniversary with David Harbour in sweet Instagram post Elon Musk reveals names of his twins with Shivon Zilis Alabama Barker shares sweet note from ‘best dad’ Travis Barker Alabama Barker shares sweet note from ‘best dad’ Travis Barker Gigi Hadid talks about balancing work and co-parenting with Zayn Malik Seal praises his and Heidi Klum’s daughter Leni for making him ‘a better person’
2023-09-09 04:21
Rachel Morin’s boyfriend says he ‘would never do anything to her’ as homicide probe launched
Rachel Morin’s boyfriend says he ‘would never do anything to her’ as homicide probe launched
The boyfriend of a Maryland mother-of-five has denied involvement in her death, after police launched a homicide probe into the death of a woman whose body was found on a popular hiking trail. Rachel Morin, 37, disappeared after reportedly heading out for a hike on the Ma and Pa Trail in Bel Air, Hartford County, at around 6pm on Saturday. Her new boyfriend Richard Tobin, 27, reported her missing at around 11pm that night after she failed to return, Hartford County Sheriff Jeffrey Gahler told a press conference on Sunday. Authorities launched a missing person investigation and Ms Morin’s car was found at the Williams St entrance to the trail on Sunday morning. A member of the public found a woman’s body near the trail at 1.07pm, and authorities launched a homicide investigation as they await formal confirmation of the deceased’s identity and cause of death from the medical examiner’s office. On Sunday night, Mr Tobin took to social media to state his innocence while also making reference to his lengthy criminal rap sheet. “I love Rachel, I would never do anything to her, let the family and I grieve,” Mr Tobin wrote. “Yes I have a past but I also have 15 months clean and have changed as a person. Please.” Court records show Mr Tobin has two arrests for second-degree assault, and separate arrests for violating restraining orders, malicious destruction of property and drug possession dating back to 2014 Mr Tobin has also faced charges of being a fugitive from justice, resisting arrest and disorderly intoxication, according to Maryland judiciary case search records. Mr Tobin has not been named as a suspect, or accused of any wrongdoing in connection with the homicide inquiry. Mr Tobin only confirmed his relationship with Ms Morin in a Facebook post on 1 August, five days before she was reported missing. The Independent has attempted to reach Mr Tobin, but a publicly listed cellphone number went straight to voicemail on Monday. Ms Morin’s devastated sister Rebekah Morin confirmed in a post on a GoFundme page that the remains located on the Ma and Pa Trail belonged to her sister. “My sister, Rachel Morin went missing on Saturday August 5 2023 around 6 pm. In less then 24 hours her body was found by local law enforcement,” she wrote. Rebekah Morin added her death was “not accidental”, and she “did not go willingly”. She also revealed that the family had been devastated by the loss of her niece to sudden infant death syndrome just a week earlier. On Sunday, Sheriff Gahler has said that there may still be a danger to the public, and urged anyone hiking the Ma and Pa Trail to be vigilant. “Thankfully we don’t have too much violent crime in Harford County, but when we have one, I prefer when I can stand here and tell you that the suspect has been arrested or that it’s a targeted crime. “I can’t tell you that is the case,” he said. He urged anyone hiking trails in the area to carry a whistle toan alert device, pay attention to their surroundings, and notify family and friends of their plans. Sheriff Gahler also pleaded with the public to call 911 immediately if they spotted anything suspicious, and come forward with any information that might be relevant to the homicide inquiry. Read More Rachel Morin search – latest: Body found on Maryland hiking trail as homicide investigation launched Homicide investigation launched as body found after mother-of-five vanished on Maryland hiking trail It took 16 years to identify a woman found buried in a shallow grave. No one knew she was missing
2023-08-08 19:55
'Today' host Al Roker’s wife Deborah Roberts delights fans with adorable childhood photo
'Today' host Al Roker’s wife Deborah Roberts delights fans with adorable childhood photo
Deborah Roberts gets candid about how her younger self 'hated saying goodbye to the lightness of summer'
2023-09-04 15:30