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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
Koepka takes PGA for fifth major title in landmark LIV win
Koepka takes PGA for fifth major title in landmark LIV win
Brooks Koepka outdueled Viktor Hovland and Scottie Scheffler in a back-nine battle Sunday to win the PGA Championship for his fifth major title, giving Saudi-backed...
2023-05-22 10:21
Charli D'Amelio leaves family meeting during 'The D'Amelio Show' as Dixie D'Amelio discusses 'frustrating' family dynamics
Charli D'Amelio leaves family meeting during 'The D'Amelio Show' as Dixie D'Amelio discusses 'frustrating' family dynamics
Sister Dixie D'Amelio jokes that they should 'execute' Rebel, Charli D'Amelio's pet dog, which prompts her to walk out of the family meeting
2023-09-28 21:59
GMA’s Robin Roberts celebrates one month of 'marital bliss' with Amber Laign with serene photo featuring her dog
GMA’s Robin Roberts celebrates one month of 'marital bliss' with Amber Laign with serene photo featuring her dog
'GMA' star Robin Roberts shared a snap of Florida sunset to earmark her one month of marriage with Amber Laign
2023-10-10 11:49
U.S. presidential hopefuls go toe-to-toe over footwear at Republican debate
U.S. presidential hopefuls go toe-to-toe over footwear at Republican debate
By Alexandra Ulmer Republican presidential candidates traded barbs at Wednesday night's debate in Miami about foreign policy, the
2023-11-09 11:24
Jury in Breonna Taylor federal civil rights trial opens deliberations in case of ex-officer
Jury in Breonna Taylor federal civil rights trial opens deliberations in case of ex-officer
A jury has begun deliberating at the federal trial of a former Louisville police officer accused of violating Breonna Taylor’s civil rights
2023-11-14 06:19
Vodafone, Three to merge UK mobile phone operations to capitalize on 5G rollout
Vodafone, Three to merge UK mobile phone operations to capitalize on 5G rollout
Two of the U.K.’s biggest mobile phone operators have agreed to merge their businesses to capitalize on the rollout of next-generation 5G wireless technology in the country
2023-06-14 20:15
Trump team creating legal defense fund
Trump team creating legal defense fund
Former President Donald Trump's team is creating a legal defense fund to help offset some of the enormous bills incurred as his legal troubles mount, two sources familiar with the planning told CNN.
2023-07-31 08:27
China promotes economic ‘integration’ with Taiwan while militarily threatening the island
China promotes economic ‘integration’ with Taiwan while militarily threatening the island
China is promoting new economic opportunities for Taiwanese people while at the same time ramping up military activity around the island it claims as its own
2023-09-14 19:56
Where was Alicia Navarro found? Arizona teen, 18, who went missing in 2019 has an emotional reunion with mother
Where was Alicia Navarro found? Arizona teen, 18, who went missing in 2019 has an emotional reunion with mother
Alicia Navarro went missing in September 2019 after leaving a note for her parents that read, 'I ran away. I will be back. I swear. I'm sorry'
2023-07-27 15:20
Yellen Hopes to Build on US-China Thaw at India G-20 Gathering
Yellen Hopes to Build on US-China Thaw at India G-20 Gathering
US Treasury Secretary Janet Yellen said she’s eager to build on recent improvements in US-China relations as finance
2023-07-16 13:28
Britain gives Ukraine new missiles in boost for Zelensky’s counteroffensive
Britain gives Ukraine new missiles in boost for Zelensky’s counteroffensive
Britain has supplied Ukraine with Storm Shadow stealth cruise missiles giving Volodymyr Zelensky’s government the capability to carry out long-range strikes against Russian forces. The missiles with a range of 155 miles, will give a vital boost to Ukrainian forces when they launch their much publicised spring offensive. They have a shorter reach than the 185-mileof the American Army Tactical Missile Systems, or ATACMS, which President Zelensky has asked for repeatedly, but they will enable Ukrainian forces to carry out strikes not just in occupied territories, but inside Russia. Leaked Pentagon papers revealed, based on electronic eavesdropping, that Ukraine’s president, Volodymyr Zelenskiy, complained in late February to the head of the country’s military, Gen Valeriy Zaluzhny, that Ukraine “does not have long-range missiles capable of reaching Russian troop deployments in Russia”. The Ukrainian government has assured Britain, the US and Nato allies that the Storm Shadow will not be used outside “Ukrainian sovereign territory”. However, Crimea, which was annexed by the Kremlin in 2013 is considered to fall within the term of “sovereign territory” by the UK. Storm Shadows, if deployed against targets in Crimea and seas around, will place Russia’s Black Sea Fleet under threat and also significantly limit the capabilities of Moscow to supply its forces around the peninsula by sea. General Ben Hodges, a former commander of the US army in Europe, said recently he believed Russia’s “Black Sea fleet would already have departed Sevastopol if Ukraine had Storm Shadow”. He held that President Zelenskiy and “would not want to lose the trust of the west” by using long-range missiles beyond agreed limits The US has been extremely cautious about providing weapons to Ukraine that could help them strike within Russian territory. Under Secretary of Defence for Policy Colin Kahl had said August that it is the US assessment Ukraine does not “currently require ATACMS to service targets that are directly relevant to the current fight.” Even with the arrival of the missiles, the offensive may be delayed. President Zelensky said on Thursday that Western military supplies, including armoured vehicles, are coming through in batches and needed to be integrated into Ukrainian forces. Going to early would lead to needless loss of lives, said the President : “With what we already have we can go forward, and, I think, be successful. But we’d lose a lot of people. I think that’s unacceptable. So we need to wait. We still need a bit more time.” Mr Zelensky dismissed fears about losing US support if President Joe Biden, who has vowed to support Ukraine as long as it takes, is not re-elected in 2024. Ukraine, he said, still enjoyed bipartisan support in the US Congress. “Who knows where we’ll be [when the election happens]?” he said. “I believe we’ll win by then.” Donald Trump, who may well get the Republican nomination, had said in the past that he would recognise Russian ownership of Crimea, refused at a CNN town hall on Wednesday to say whether he would continue supporting Ukraine until victory was achieved. “I don’t think of winning or losing, I think in terms of getting it settled. I want everybody to stop dying” said the former President. Read More The Body in the Woods | An Independent TV Original Documentary The harrowing discovery at centre of The Independent’s new documentary
2023-05-11 19:23