Former President Donald Trump is running for the White House while facing three indictments and one more criminal investigation. Never before has a former president been criminally charged—much less a frontrunner in another presidential race.
As the remaining investigation gets closer to possible charges and the indicted ones inch closer to trials, Mr. Trump has repeatedly pledged that he would continue his campaign even if convicted.
Defense Documents
The most developed case so far involves Mr. Trump’s keeping of documents from his presidency. Special counsel Jack Smith charged Mr. Trump and two of his employees with 37 felony counts, including illegal retention of national defense information, obstruction of government, and lying to the government.
While the trial is set for May 2024, some legal observers expect further delays.
The case traces back to Mr. Trump’s January 2021 exit from the White House. His belongings and some of the documents from his time in office were packed in boxes and shipped to his home at the Mar-a-Lago resort in West Palm Beach, Florida.
The indictment argues that it was at this point that Mr. Trump committed 31 counts of illegally retaining national defense information because he “caused” the boxes to be moved. While this crime, under the Espionage Act, requires criminal intent, no evidence has emerged so far that Mr. Trump was aware the 31 documents in question were in the boxes.
It appears that Mr. Trump was under the impression that he could go through the boxes at his own pace and keep whatever he deemed personal. However, the National Archives and Records Administration (NARA) had a different view; it demanded the return of all presidential documents as soon as possible.
Under the Presidential Records Act, all official presidential records must be handed over to NARA, and former presidents are only allowed to take personal items such as journals and artifacts that weren’t intended for official government business. The problem is, the law doesn’t include an enforcement mechanism.
By Petr Svab
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