It’s no secret the U.S. Dept. of Justice is investigating Donald Trump for his role in attempting to overturn the 2020 presidential election, and for his likely unlawful removal, retention, and refusal to return hundreds of documents with classified and top secret markings.
Earlier this week Rupert Murdoch’s Wall Street Journal reported, “Special counsel Jack Smith has all but finished obtaining testimony and other evidence in his criminal investigation into whether former President Donald Trump mishandled classified documents at his Mar-a-Lago resort.”
And while it’s unknown if or when Trump will be indicted, a government watchdog says the ex-president who is once again staging a White House run is “likely to be indicted soon.” The organization is offering details on what it claims could be seven felony charges he might face.
“The next criminal charges former President Donald Trump may face could well come from Special Counsel Jack Smith’s investigation into Trump’s possession of nearly 300 classified documents — including some marked as top secret — at his Mar-a-Lago residence and business in the year and a half after he left office,” Betsy Schick and Debra Perlin of Citizens for Responsibility and Ethics in Washington (CREW) state in a lengthy report published Friday.
“While Fani Willis’ Fulton County, Georgia investigation into election interference continues, as does a federal investigation into efforts to overturn the 2020 election, and Alvin Bragg has already indicted Trump in New York for his role in false statements connected to hush money payments to Karen McDougal and Stephanie Clifford (aka Stormy Daniels) during the 2016 presidential campaign, an indictment by Smith in the Mar-a-Lago investigation would yield the first federal charges against the former president,” CREW notes.
“Trump may face charges ranging from obstruction of justice and criminal contempt to conversion of government property and unauthorized removal and retention of classified documents or material.”
Here is a list of “possible crimes” Trump might be charged with, according to CREW:
Obstruction of justice (18 U.S.C. § 1519)
Criminal contempt (18 U.S.C. § 402)
False statements to federal authorities (18 U.S.C. § 1001)
Conversion of government property (18 U.S.C. § 641)
Unauthorized removal and retention of classified documents or material (18 U.S.C. § 1924)
Removing and concealing government records (18 U.S.C. § 2071)
Gathering national defense information (18 U.S.C. § 793(e))
CREW also offers that Trump’s attorneys may try to argue several different defenses, including:
No “knowing” removal
Deference to the intelligence community
Challenging the constitutionality of the Special Counsel regulations
Additionally, several reports this week also appear to suggest an indictment might be coming, and soon.
Citing a Washington Post report published Thursday, several top legal experts are predicting DOJ will charge Donald Trump, and those charges will include obstruction and violations of the Espionage Act.
Earlier this week NYU School of Law professor of law Ryan Goodman said Dept. of Justice Special Counsel Jack Smith had struck “gold” after obtaining the contemporaneous notes of a Trump attorney who counseled the ex-president on his possibly unlawful handling of classified documents.