June 8
By Claire Hansen
Former President Donald Trump said Thursday evening that he has been indicted on federal crimes in connection to a Justice Department investigation into his handling of classified documents after he left office, calling it a “dark day” for the country.
If confirmed, the indictment marks a monumental action by prosecutors, and the first time a former president has faced federal criminal charges.
The development will almost certainly have a significant impact on the race for the GOP presidential nomination – a race in which Trump remains the current front-runner by a large margin.
Trump said in a post on his social media site, Truth Social, that he had been summoned to appear at a federal courthouse in Miami on Tuesday afternoon. The New York Times reported independently Thursday that Trump had been indicted, citing several unnamed sources.
It is not clear specifically what charges Trump may be facing. Justice Department special counsel Jack Smith has for months been investigating Trump’s handling of classified materials after he left office and the possible obstruction of that investigation. Recent signs have suggested that the investigation was nearing a close.
The case has centered on whether Trump knowingly kept classified documents after he left office in violation of the law and if he purposefully took steps to keep classified materials in violation of a 2022 subpoena requiring their return.
Grand juries in both Washington and, more recently, Florida have heard from a number of witnesses in the case. Trump’s lawyers on Monday met with DOJ official, and news broke Wednesday afternoon that he had been informed by prosecutors that he was the target of a criminal investigation – a formal notification that often means an indictment is imminent.
“The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax,” Trump said in a post Thursday.
“I have been summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3 PM. I never thought it possible that such a thing could happen to a former President of the United States, who received far more votes than any sitting President in the History of our Country, and is currently leading, by far, all Candidates, both Democrat and Republican, in Polls of the 2024 Presidential Election. I AM AN INNOCENT MAN!” He said, adding in another post that it was a “DARK DAY” for the country.
In spring 2022, federal prosecutors issued a subpoena to Trump for any classified documents that remained in his possession after he left office. That subpoena came after the National Archives had already requested documents they believed to be missing. Trump’s team turned over an initial batch of documents, but the Archives alerted federal authorities that it believed Trump still had classified materials in his possession.
In response to the May subpoena, Trump’s attorney Evan Corcoran turned over another tranche of classified materials to authorities. He then drafted a statement saying that Trump’s team had done a “diligent search” and that Trump no longer had classified materials in his possession.
But in August, federal investigators executed a search warrant at Mar-a-Lago, where they found thousands of government records, including more than 100 classified documents. Some of those classified materials reportedly included deeply sensitive intelligence on China and information on Iran’s missile program.
The grand juries in the probe have reportedly heard testimony from workers at Mar-a-Lago, Trump aides, and others. Smith’s team has also questioned Corcoran, after a legal battle in which a judge agreed to let prosecutors pierce attorney-client privilege. Prosecutors argued that something called the “crime fraud exception” applied – or that there was evidence that Trump used Corcoan’s services to commit a crime. A judge in the case agreed in an order that remains under seal, not only giving a boon to Smith’s team but also implicitly lending credence to prosecutors’ assertions.
As a special counsel, Smith worked more independently than is typical of federal prosecutors. However, Attorney General Merrick Garland would have final decision-making authority over potential charges.
The probe is not the only investigation into Trump’s actions – or even the only criminal charges he is currently facing.
Smith is also heading a probe into Trump and his allies’ action leading up to the Jan. 6, 2021, insurrection at the Capitol. In Georgia, a district attorney is poised to bring charges against the former president for his role in attempting to overturn the election results there.
And in New York, Trump is currently facing 34 felony counts of falsifying business records in connection with hush-money payments to a porn star during the 2016 election.