What is the process and what does it mean for your presidential bid?

Donald Trump this week became the first former president of the United States to be indicted on federal criminal chargesa new process that could put more challenges in his race to recover the presidency, but does not necessarily obstruct it completely.

The ex-president himself announced his accusation with a post on his Truth Social network, in which he reported that “the corrupt Biden Administration has informed my lawyers that I have been charged, apparently for the fraud of the boxes”, alluding to the boxes of classified documents the FBI found at his Florida residence last August.

According to people familiar with the case, Trump was charged with seven undisclosed charges, including willful withholding of national defense secrets in violation of the Espionage Act, a felony punishable by up to 10 years. from prison.

The new complaint against the former president, the first president to face two impeachment processes in Congress, also has the particularity of happening in the middle of the race to win the Republican party’s nomination in the 2024 presidential elections.

“I am an innocent man, I am an innocent person,” said Trump, who also pleaded not guilty last April after being indicted by a grand jury in Manhattan, New York, on 34 state counts of mishandling campaign funds and improper payments to an adult film star.

what he is acussed?

In addition to violating federal laws that prohibit the unauthorized withholding of “national defense information,” Trump is charged with making false statements and conspiring to obstruct justice, according to sources familiar with the case.

The indictment was brought by the office of special counsel Jack Smith, which assembled grand juries in Washington and Miami, ultimately choosing the latter to bring the charges.

It all goes back to the end of January 2021, at the end of his term, when the documents left the White House in boxes along with the former president’s personal belongings heading to Mar-a-Lago, his personal residence in Florida.

Trump handed over 15 boxes in January 2022, after repeated demands by the National Archives and Records Administration throughout much of 2021 to turn over the material, considered government property under the Presidential Records Act.

When the boxes were found to contain classified material, considered highly sensitive and with obvious classified markings, an investigation was launched by the Department of Justice.

This triggered an extraordinary search by federal agents in Mar-a-Lago in Augustwhich revealed classified documents that Trump had not turned over, even after receiving a months-long subpoena requiring him to return any sensitive material still in his possession.

Despite the fact that the contents of some of the papers found have been made public, it is still not known for sure what information is found in the rest and the threat – if any – to national security caused by its retention.

The scandal of classified documents also splashed President Joe Bidenwho is being investigated in a separate proceeding for classified records dating back to his time as vice president and found at a former office of the president in Washington and his home in Delaware.

Biden’s defense has stressed that the documents were turned over to government officials as soon as they were found.

Will Trump be arrested?

The former president announced that he was summoned to report voluntarily to the headquarters of the Miami district court next Tuesday afternoon, because what – as in the New York process – will not be arrested.

According to judicial procedure, photos are usually taken and fingerprints are collected from the defendant. During his appearance in Manhattan, Trump was not photographed.

What’s next now?

The US Department of Justice has not yet made an official statement, although it is believed that the process will take place in the same way as in August.

Trump will appear before a federal judge, where there will be a formal arraignment, where he may be asked to plead not guilty or guilty.

After this, a judge will establish the conditions of his release after hearing the arguments of the prosecutors and the defense.

Trump may have to agree to attend future proceedings, travel restrictions or notice requirements, through his lawyers. A schedule could also be established for the process.

Can he continue to run for the White House?

Legally, in the US there are few restrictions on presenting a candidacy for the presidency of the country. According to the Constitution, an eligible candidate must be at least 35 years old, born in the country or one of its territories, and have resided there for at least 14 years.

Technically then, Trump could continue his campaign for the 2024 elections, in which he remains the favorite among Republicans so far, with a 53% approval rating compared to 22.4% for his closest competitor, the governor of the Florida, Ron DeSantis, according to RealClearPolitics.

Among the exceptions to the three conditions of the Constitution is “Participation in an insurrection or rebellion,” a provision codified in the 14th Amendment added after the Civil War.

According to The New York Times, a New Mexico judge disqualified a county commissioner from holding the post in 2022, arguing that the official had participated in the attack on the Capitol on January 6, 2021, a fact by in which a Special Commission of Congress points to Trump as the main instigator.

Special counsel Jack Smith, who is leading the investigation into the classified documents, is also investigating Trump’s efforts to reverse the results of the 2020 presidential election and retain power after his defeat, as well as his involvement in the events on Capitol Hill, which was attacked. by supporters of the ex-president who sought to stop the confirmation of Biden as president-elect.

Detractors of the former president and even voices within his own party have insisted that Trump should be disqualified from occupying the White House again due to his role in instigating the unprecedented assault on the Legislative headquarters.

Still, it’s extremely rare for the federal government to indict someone on these charges, and several legal experts consulted by The New York Times and Reuters have expressed skepticism that the 14th Amendment could prevent Trump from running for another. mandate.

What could it mean for your campaign?

This trial adds headaches to Trump, who will have to face the start of his trial proceedings in New York next March, during his party’s primaries.

Trump also faced a trial accused of sexual abuse and defamation to a journalist last May, where he was found guilty of the charges by a jury in federal court in New York and ordered to pay $5 million in damages.

However, analysts consider that the ex-president is a rare example, because with each scandal his image seems to strengthen among his base, the most radical wing of the Republican party.

Experts agree that the different accusations against Trump could have both a positive and negative effect.

Among the positive is greater media exposure. Advisers to the former president have said that the controversies and legal dramas allow Trump to return to the spotlight as the dominant figure in his party.

On the negative side, he could lose his appeal even more to the moderates and centrists Republicans, who already speak of “fatigue” when referring to the ex-president; and further alienate the left and independents.

Trump aides have also acknowledged that it is very difficult to build a legal defense on par with a presidential campaign, because both teams work individually and do not always work together.

Added to this is the unpredictability of Trump’s character, who often does not follow the advice of his lawyers or his campaign managers.

Trump has repeatedly called the prosecutions against him “witch hunts” and politically motivated, as he did in his message announcing his most recent impeachment, in accusations of the Biden administration, his main Democratic opponent.

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