Trump’s indictment has been unsealed. Here’s a look at what he’s charged with.
Counts include conspiracy to obstruct justice and concealing documents.
A federal court in Miami has unsealed a seven-count indictment of former President Donald Trump and a top aide, with counts including conspiracy to obstruct justice and concealing documents.
The document details allegations against Trump and former White House valet Walt Nauta, who later worked for the former president as a personal aide. The charges in the 38-count indictment allege that Trump illegally retained dozens of classified documents and then engaged in a conspiracy with Nauta to try to cover-up those crimes. The pair are accused of crimes that carry a maximum prison sentence of 20 years.
Trump is scheduled to appear on the charges before U.S. District Judge Aileen Cannon in Miami Tuesday afternoon.
Read the indictment below:
The charges, explained
Here is a breakdown of the charges Trump is facing:
31 counts of willful retention of national defense information, a charge that carries a maximum prison term of 10 years and a $250,000 fine. Each of these counts is tied to a specific document containing defense information from the United States and its allies found in Trump’s possession.
One count of conspiracy to obstruct justice, which carries a maximum prison term of 20 years and a maximum fine of $250,000. This charge alleges Trump worked with Nauta to mislead or corruptly persuade others to withhold documents from the grand jury by allegedly hiding boxes filled with White House materials from his own lawyers and allegedly suggesting to one of the lawyers that he hide or destroy certain documents called for by a grand jury subpoena.
One count of withholding a document or record, which carries a maximum punishment of 20 years in prison and a $250,000 fine. This count is also tied to Trump’s efforts to mislead his attorneys or persuade them to withhold documents from the grand jury.
One count of corruptly concealing a document or record, which carries a maximum punishment of 20 years in prison and a $250,000 fine. This count is tied to the allegation that Trump and Nauta hid boxes containing classified material from one of the former president’s lawyers who had arrived at Mar-a-Lago on June 2, 2022, to search for classified documents requested by the grand jury.
One count of concealing a document in a federal investigation, which carries a maximum punishment of 20 years in prison and a $250,000 fine.
One count of scheming to conceal, which carries a maximum prison term of five years and a maximum fine of $250,000, tied to Trump and Nauta’s alleged efforts to trick the grand jury into believing they’d handed over all of the classified documents in the former president’s possession.
One count of false statements, which carries a maximum prison term of five years and a maximum fine of $250,000. This count is tied to various false statements Trump is said to have made to the FBI in sworn certifications including that “a diligent serach was conducted of boxes removed from the White House,” and that all documents sought in a May 11, 2022, grand jury subpoena had been turned over. The charge asserts that Trump knew those statements were false at the time.
Nauta faces the same counts as the former president, except for the 31 counts of willful retention of national defense information. He faces an additional count of making false statements tied to a May 26 interview with the FBI, in which investigators say he falsely stated he was unaware of efforts to move various boxes at Mar-a-Lago that were later found to contain classified documents.
How much prison time could Trump face?
Should Trump be convicted on each of the 37 counts he is facing, the absolute maximum punishment he could face under the law is 400 years in prison and $9.5 million fines.
But it is highly unlikely any sentence he might face would come anywhere near that stiff penalty.
Under federal sentencing law, judges can stack the sentences for crimes so they run consecutively — leading to a much longer prison term than any individual count would carry. But most of the time, federal judges opt instead to set sentences to run concurrently — or at the same time — for the counts on which a defendant is convicted.
In Trump’s case, the most serious counts he is facing each carry a maximum prison term of 20 years and a fine of up to $250,000.
Before he would be sentenced, the court would also order what is known as a pre-sentence investigation report that provides a recommended punishment under federal sentencing guidelines that falls within that 20 year maximum.
Those recommendations are determined by factors including a defendant’s past criminal history, acceptance of responsibility, and other criteria. Judges are not bound by those recommendations but the vast majority of federal sentences imposed fall within the range suggested by federal sentencing guidelines.