Fmr US President Donald Trump federally charged: What this means and what happens now

The US government’s National Archives and Records Agency (NARA) then notified him that he had failed to turn over at least two dozen boxes of original records, and saw some of them being returned to it by late 2021. NARA believed that there were more documents to be recovered and referred the matter to the US Department of Justice in early 2022, after repeatedly demanding them from Trump’s office.

Former President Donald Trump motions after speaking to supporters at Trump National Golf Club Bedminster, Tuesday, June 13, 2023, in Bedminster, N.J. (AP Photo/Mary Altaffer)

In March that year, the FBI began its criminal investigation. The next month, a subpoena (an order for producing documents in court) was issued to Trump by a grand jury.

A grand jury is a part of the legal process in the US. It is presented with evidence from the US attorney, who is the prosecutor in federal criminal cases. It then determines whether there is a “probable cause” to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment or notice of a formal charge will be issued against the defendant.

Some of the documents were returned by Trump’s team, but in August 2022, the FBI arrived at Mar-a-Lago to conduct a search and discovered more than 100 additional classified documents.

What charges does Trump face?

On June 8, 2023, the Justice Department indicted Trump. The 49-page document charges him with 37 felony counts, including conspiracy to obstruct justice (as he allegedly attempted to hide some of the documents), corruptly concealing a document or record and willful retention of national defence information. Some photos released as part of the indictment showed boxes of documents in a bathroom and a storage room.

It also names US Navy member Walt Nauta, who was posted as a valet at the White House during Trump’s presidency and later became his assistant. He is charged with six counts, including conspiracy to obstruct justice.

Interestingly, Trump was not handcuffed or had his mugshots taken as part of this indictment. Trump’s attorney and spokesperson Alina Habba told CBS News, “President Trump is in a very unique position where he doesn’t need to be given a mugshot, obviously,” Habba said. “He is not a flight risk. He is the leading candidate of the GOP [Grand Old Party or Republican Party] at the moment. He is going through a process that has been coordinated with Secret Service and it will all be handled seamlessly.” According to most polls so far, Trump is the most favoured candidate among Republican voters.

He gave his fingerprints and was in the custody of US Marshals instead of being handcuffed.

Has Trump been indicted before?

Yes, in April this year, in another first in the history of US Presidents. A Manhattan grand jury indicted him for covering up hush money payments to former porn star Stormy Daniels during his 2016 presidential campaign.

Manhattan District Attorney Alvin Bragg’s office had been investigating the $130,000 payment made by Michael Cohen, Trump’s estranged former lawyer, to Daniels during the 2016 presidential campaign in the name of a “legal fees”.

But the latest charges are much graver here, pertaining to national security, and are “federal” charges, meaning the alleged crime committed has violated federal laws.

This then brings in the question of fairness of the process – how might US President Joe Biden’s administration investigate the case when elections are due soon, with both Biden and Trump running for President?

US Attorney General Merrick Garland, the government’s counsel and an appointee of Biden, had, therefore, handed the case over to special counsel Jack Smith in November 2022. Trump has attacked the counsel, calling him a “deranged lunatic”, “psycho” and “Trump hater”.

The case has been assigned to District Court judge Aileen Cannon, appointed by Trump during his term. She ruled in his favour last year in a dispute related to a review of the seized classified documents. This was overruled by a federal appeals panel, later.

What happens now, and can Trump still run for President?

Trump’s lawyer entered a not guilty plea on his behalf on Tuesday. The former President has previously described this and other cases against him as part of a “witch hunt”. After the arraignment, experts believe it could be a while until the trial begins – perhaps well into 2024.

But even if Trump is charged, that won’t legally affect his ability to run for the post of President. “There are no legal obstacles to running for president as a convicted felon or even from behind bars,” Politico reported. The only criteria for someone running for the Presidential post, as per the US Constitution, is that they must be a natural born citizen of the United States, a resident for 14 years, and 35 years of age or older.

Assuming he wins the elections, determining whether he could actually take on the job would “open a constitutional can of worms” because such a situation is unprecedented, it added, saying many legal experts believe it would ultimately be possible for him to do so.

(With inputs from agencies)