Sunday 11 June 2023

analysis:What exactly is Donald Trump accused of? These are the striking details revealed in the former president’s second indictment.

Extract from ABC News 

ABC News Homepage


Donald Trump dropped a bombshell when he revealed he'd been indicted on federal charges relating to his handling of classified documents.

Less than 24 hours later, the Department of Justice (DOJ) has responded by revealing the extraordinary detail of its allegations against the former president.

The indictment shows Mr Trump is being charged with 37 criminal counts, including wilful retention of national defence information and conspiracy to obstruct justice.

He's accused not only of unlawfully holding onto classified material – including information on nuclear programs and "potential vulnerabilities" of the US and its allies to military attack — but of sharing some of it with others who were not authorised.

Mr Trump is also alleged to have conspired with an aide to obstruct the DOJ's investigation.

"Our laws that protect national defence information are critical to the safety and security of the United States, and they must be enforced," said special counsel Jack Smith, who led the investigation.

"Violations of those laws put our country at risk."

Mr Trump maintains his innocence, raging against the DOJ on Truth Social and criticising Mr Smith as "deranged."

It's part of a familiar playbook for the 76-year-old, who had already made history by becoming the first former US president to be indicted after being hit with criminal charges in New York earlier this year.

Mr Trump used that case, involving allegations over hush money payments made to a porn star, to his political advantage, rallying support behind his claim that the charges were politically motivated.

And at this stage he remains the leading contender for the Republican presidential nomination – even as he prepares to face court again.

The case against Trump

According to the 49-page indictment, Mr Trump sent "scores" of boxes to his Mar-a-Lago property in Florida after leaving the White House.

A collection of cardboard boxes sit on a stage inside a ballroom.
Boxes containing classified materials were stored on a stage in the White and Gold ballroom of Mar-a-Lago, according to the indictment.()

They are alleged to have included information on defence and weapons capabilities of both the US and foreign countries; US nuclear programs; potential vulnerabilities of both the US and its allies to military attack; and plans for "possible retaliation in response to a foreign attack."

Mar-a-lago doubles as Mr Trump's private residence and a social club, and the indictment states it hosted events for tens of thousands of members and guests between January 2021 and August 2022.

Between January and March 2021, it's alleged boxes were stored in the 'White and Gold Ballroom', at one point being stacked on the ballroom stage.

Documents spilled onto the floor of a storeroom.
In another photo published by the US Justice Department, papers spill onto the floor of a storeroom at the Mar-a-Lago club.()

The indictment says some were then moved to a business centre, before being shifted again to a bathroom and a shower.

It also states that in December 2021, aide Waltine Nauta – who is referred to as Mr Trump's "body man" and has also indicted by the DOJ – found several boxes in the storage room tipped over with contents spilling onto the floor.

It included a document marked "SECRET/ REL TO USA, FVEY", meaning it should only have been released to members of the Five Eyes intelligence alliance, which includes Australia and New Zealand.

Among the most serious accusations is that Mr Trump showed classified documents to others on two separate occasions.

The indictment sets out details of an interview he gave at his golf club in Bedminster, New Jersey, in July 2021, in which Mr Trump was being taped with his knowledge and permission.

A stack of cardboard boxes sit on the floor of a bathroom between a toilet and a shower.
Boxes of documents were also kept in a bathroom, between the toilet and the shower.()

According to a transcript published in the indictment, Mr Trump described a senior military official's "plan of attack" against an unnamed country while acknowledging it was secret.

The documents further allege Trump showed a representative of his political action committee a classified map relating to a military operation in late 2021, while telling them "to not get too close."

Some Republicans have publicly backed Trump

Mr Trump's political allies have backed the former president's criticism of the DOJ's investigation, with Republican House Speaker Kevin McCarthy describing it as a "brazen weaponisation of power".

"Today is indeed a dark day for the United States of America," he said on Twitter yesterday.

"It is unconscionable for a president to indict the leading candidate opposing him."

Mar-a-lago across the water behind palm trees.
The indictment relates to classified documents that were allegedly mishandled at Mar-a-Lago. ()

Joe Biden has rejected any suggestion of political interference, telling reporters ahead of the indictment being announced that he had never sought to influence the DOJ.

"I have never once, not one single time, suggested to the Justice Department what they should do, or not do in terms of bringing a charge or not bringing a charge," he said.

"I'm honest."

Mr Trump's supporters also point to the discovery of classified documents at Mr Biden's home and office to argue the former president is being treated unfairly.

The White House insists the documents in Mr Biden's possession were handed over voluntarily and that the president has cooperated fully with the DOJ's review of the matter.

Whereas the charges against Mr Trump include counts of conspiracy to obstruct justice and corruptly concealing a document or record.

The indictment alleges that after a grand jury issued a subpoena requiring the production of all documents with classification markings, Mr Trump allegedly directed his aide Mr Nauta to remove boxes from the storage room to his private residence.

He's also accused of suggesting to one of his lawyers that they "pluck" out anything "really bad in there" after reviewing some of the material.

Trump's legal woes are starting to gain momentum

Mr Trump is scheduled to appear in court in Miami on Tuesday (US time), a day before he turns 77.

It's not yet known how the hearing will play out, although the former president is expected to attend in person.

"SEE YOU IN MIAMI ON TUESDAY!!!" he said on Truth Social.

Jack Smith says prosecutors will seek a "speedy trial", although no time frames have been set.

With the New York case expected to go to trial in March next year, Mr Trump faces the prospect of fighting two criminal cases in two different states at the same time as he campaigns for re-election.

And this might not be the end of it – Mr Smith is also investigating his role in the January 6 Capitol attack, while a separate inquiry into allegations of election interference is underway in Georgia.

Mr Trump has so far been able to use his legal problems to rally his base, dominate attention and boost his numbers in the polls.

And while the field of candidates challenging him for the Republican nomination has become increasingly crowded, most are so far reluctant to criticise him directly.

A composite image of Donald Trump, Ron DeSantis, Nikki Haley, Mike Pence and Tim Scott
With 514 days still to go before the US election, the Republican primary field is getting crowded. ()

The man considered to be his most serious rival, Florida governor Ron DeSantis, denounced what he described as an "uneven application of the law depending upon political affiliation."

Mr Trump's former vice-president Mike Pence said it was a "sad and troubling" day that had invited divisiveness in the country.

Only former Arkansas governor Asa Hutchinson was prepared to reiterate his previous call that Mr Trump should drop out of the race.

"While Donald Trump is entitled to the presumption of innocence, the ongoing criminal proceedings will be a major distraction," he said in a statement.

"This reaffirms the need for Donald Trump to respect the office and end his campaign."

While it's not yet clear how the indictment – or possible conviction – could ultimately affect Mr Trump's chances of securing the nomination, in the short term at least it complicates the situation for his opponents.

They're each being forced to weigh into the matter and their campaigns are once again being overshadowed.

And as the world's media heads to Miami for yet another unprecedented court appearance, other candidates are guaranteed to struggle to get much of a look-in.

A court sketch of Donald Trump
Mr Trump appeared in a New York court in April for an arraignment on charges relating to an alleged hush-money scheme. ()

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