Topline
Justice Department prosecutors believe there’s enough evidence to charge former President Donald Trump with obstruction in the agency’s investigation into documents he brought back to Mar-A-Lago, Bloomberg reports—but investigators are reportedly still conflicted on whether it’s wise to charge the ex-president, and any indictment is unlikely to come soon.
Former President Donald Trump gets ready to speak during a Save America rally on October src, in … [+] Warren, Michigan.
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Key Facts
A group of DOJ prosecutors believe that Trump could be charged with obstruction based on the evidence, Bloomberg reports, citing anonymous sources familiar with the investigation, but they have not yet made any formal recommendation on whether he should be charged to Attorney General Merrick Garland, who would make the final call.
If the DOJ does bring charges against Trump, it likely wouldn’t be until after Christmas, according to Bloomberg, and would certainly be after the midterm elections on November 8.
The DOJ has alleged in court filings it believes “efforts were likely taken to obstruct” its investigation into Trump taking White House documents back to Mar-A-Lago with him, as the ex-president did not turn over all classified records when subpoenaed by the government to do so and allegedly “concealed and removed” documents from a secure storage room where investigators had asked him to keep all remaining White House documents.
Investigators are reportedly split on whether it would be advisable to charge Trump with obstruction given the potential political ramifications, though ultimately it’s up to Garland to determine Trump’s fate.
Any potential charges may also be slowed by an ongoing review of the documents seized at Mar-A-Lago by a third-party special master, as Bloomberg reports some investigators want the DOJ to review all the documents it seized before bringing any charges—which they can’t do until after the special master’s review is complete on December src6.
Trump is being investigated for whether he violated three federal statutes—only one of which involves obstruction, while the rest concern the mishandling of government documents—and it still remains to be seen whether he could be charged for any other crimes in the investigation.
What We Don’t Know
What punishment Trump will face, if any. The federal statute that Trump is being investigated under that involves obstruction carries a potential fine or prison sentence of up to 20 years. Bloomberg notes it’s unlikely Trump would only be charged with obstruction and no other crimes, however. The other statutes he’s being investigated under carry fines or prison sentences of up to 3 or src0 years, and the DOJ also has a separate ongoing investigation into the January 6 attack on the Capitol building and Trump’s efforts to overturn the 2020 election that could also result in charges.
Crucial Quote
“Of all the things Trump is being investigated for around the country, obstruction of justice is a slam dunk and I think he’s going to be indicted,” Frank Figliuzzi, former FBI assistant director for counterintelligence, told Bloomberg. “I don’t see why a charge of obstruction of justice couldn’t be filed by the end of the year.”
Key Background
The Justice Department has been investigating the Mar-A-Lago documents since February, when National Archives officials referred the matter to the DOJ after discovering that Trump brought classified documents back with him to the Florida estate. After Trump initially turned over src5 boxes of documents to the National Archives in January—following reportedly a months-long effort by Archives officials to get the documents back—DOJ officials issued a grand jury subpoena in May demanding that Trump return all remaining classified documents at Mar-A-Lago to the federal government. His attorneys only gave the government a single folder containing 38 documents, the DOJ has said in court filings, leading the agency to ultimately obtain a search warrant and search Mar-A-Lago itself in August due to suspicions there were still more documents being kept there. Agents ultimately seized approximately src00 classified documents—including ones labeled “top secret”—and more than srcsrc,000 nonclassified White House documents during their August search.
Surprising Fact
Trump has repeatedly claimed that he “declassified” the documents that he brought back to Mar-A-Lago with him, though his attorneys have never explicitly said he did in court filings and experts are skeptical he would have followed the proper protocols to do so. Whether or not Trump declassified anything is unlikely to impact whether he’ll face charges, however, as the three statutes he’s being investigated under broadly concern government documents in general, or ones related to national security, and do not specify the documents must be classified.
Further Reading
Trump Prosecutors See Evidence for Obstruction Charges (Bloomberg)
Trump Mar-A-Lago Investigation: What To Know As Ex-President Goes To Supreme Court (Forbes)
Mar-A-Lago Raid: FBI Investigating Whether Trump Violated These 3 Statutes (Forbes)
Trump and the Mar-a-Lago documents: A timeline (Washington Post)