Questions & Answers: Another Trump impeachment: what that means and how to proceed

For months, Special Counsel Jack Smith has had one of the most sensitive jobs in the history of the United States: the prosecutor leading the investigation into former President Donald Trump in the affair of the illegal storage of secret government documents.

The results have now led a jury, a so-called grand jury, to conclude that there is sufficient evidence for a crime. What exactly is it about – and what is still unknown.

What do we know about the charges?

So far, the indictment is still sealed – that is not public. According to his lawyer, Trump himself has not yet received it. Instead, Trump received a subpoena that contained language suggesting seven counts of charges, Trump’s attorney Jim Trusty said. He assumes that his client will be charged with, among other things, collecting, transmitting or losing defense information. This point falls under the US espionage law and can be punished with up to ten years imprisonment. It is possible that this offense will be applied to each of the documents concerned individually.

In order to obtain a conviction on this count, prosecutors would have to show that the documents serve to defend the United States and that their release could help a foreign adversary, for example. According to the lawyer, further wording in the letter to Trump points to charges related to conspiracy to obstruct justice and false testimony. In the former case, the prosecutor would have to show that Trump willfully resisted the Justice Department’s request for the documents to be released.

What consequences must Trump fear if he were convicted?

Ultimately, such a process can drag on for years. If the Republican is convicted, he faces a year in prison. Despite charges, Trump can also run for his party in the 2024 presidential election. From a legal point of view, even a conviction does not necessarily mean that Trump will not be able to hold the office of US President again. However, there has never been a US president behind bars in US history – there should at least be practical hurdles here.

There is also a federal law that prohibits anyone convicted of willingly removing government records from holding political office. However, it now depends very precisely on the charges that the public prosecutor’s office has not yet made public. Some experts also argue that the Constitution trumps federal laws – and there is nothing in it about taking government documents with you as a disqualification from political office. Here, too, the courts are likely to have the last word.

What makes the charge so special?

A few weeks ago, Trump was charged in New York State in connection with hush money payments to a porn star. It is the first time in US history that a US President has been charged with a crime. Nevertheless, the charge in the secret service affair is historical again. This is the first time an ex-president has been indicted at the federal level. Federal charges often carry harsher penalties because national interests are at stake.

What’s next for Trump?

Trump is scheduled to appear before a judge in federal court in Miami at 3 p.m. local time on Tuesday. He received a subpoena for this, said both Trump and his lawyer. The indictment will be read at the hearing. The accused is formally informed of the allegations against him.

Trump may also be asked to position himself on the allegations. Trump then has the opportunity to plead “not guilty” or “guilty”, for example. It can be assumed that Trump will say “not guilty” because the ex-president has made it clear in this case that he is an innocent man. His lawyer also emphasized that his client was not guilty of anything in the case.

At this appointment, the judge also decides whether the accused will be held until the beginning of the trial – for example if there is a risk of escape or a danger to the general public. According to experts, this cannot be assumed in the present case. The judge then sets the further court dates.

What other legal problems does Trump have?

The trial related to hush money payments to a porn star is scheduled to begin in March 2024 in New York. Investigations against Trump are also underway for the storming of the US Capitol. In this case, Special Counsel Smith is examining Trump’s role in the January 6, 2021 riots and his efforts to influence the outcome of the 2020 presidential election. A committee of inquiry had recommended criminal investigations to the Ministry of Justice. There could also be an indictment here.

In the state of Georgia, the public prosecutor’s office is also investigating Trump for possible election manipulation. In another case, Trump has already been prosecuted – at least indirectly. His real estate group was fined in New York for tax fraud, among other things. The ex-president was not personally accused.