So it finally happened, according to Donald Trump he has been indicted. Here’s what you need to know.
Where Will the Case Be Filed?
Either in Miami or Washington D.C.. Certainly the DOJ would prefer D.C., its closer to Jack Smith’s team and resources and the collection of D.C. Circuit Judges will be more friendly to the DOJ.
Federal statutes permit venue to be where the crime occurred. Here there is a good argument that the crime occurred in D.C. when the documents were removed from the White House and also in Miami where the documents were retained by Trump at Mar-a-Lago.
Some sources are saying that the Grand Jury was impaneled in Florida which suggests that Jack Smith made a conservative call and elected to put the case in Miami.
What are the Charges?
It appears that the charges will be related to the unlawful retention of classified information and not January 6th. While prosecutors could supersede the indictment with new charges later – it appears that the current indictment is solely related to classified material, obstruction, false statements and conspiracy.
How Will this Impact the Election?
Not very much. A felon can still hold the office of the presidency. While Trump will face harsh criticism during debates and in the media its unlikely to disrupt his base. He can still run for president and it doesn’t appear that he would withdraw.
What is the Most Serious Charge? Will he Face Prison Time?
Its too soon to tell because we have not seen the indictment but if he disseminated classified information – this will likely be the most serious charge. That being said, prison time is not very realistic here. Sentences for improper handling of classified information vary greatly.
A Honolulu woman received three months in 2022 for removing classified information.
Elizabeth Jo Shirley recieved 97 months for retaining classified information in 2021 but she shared information with Russian officials and fled to Mexico.
As you can see, the deciding factor is whether the classified information was obtained with the intent to harm the United States. If that’s what he did, they’’ll be sizing him for a jumpsuit.
What Will this Case Come Down To?
The real question here is whether Trump shared the information in any way that might be damaging to the United States. If he did, he will face a much harsher potential sentence and will be more motivated to reach a deal that would include no jail time.
More to Come Stay Tuned to this Page!