In May 2022, the FBI reviewed the boxes’ contents. The archives received 15 boxes in January 2022, determined they contained classified information and contacted the Justice Department. The National Archives contacted Trump representatives in May 2021 seeking a return of the documents. In addition, the timeline of the back and forth between Trump and the National Archives and federal law enforcement officials shows that the process dragged on in 20. The act does not include a negotiating process between the president and the National Archives over official government records. The Presidential Records Act requires that all official documents be returned to the National Archives upon a president’s departure. “According to the Presidential Records Act, which was a big deal, I was supposed to negotiate with NARA, which is exactly what I was doing until Mar-a-Lago was raided by gun-toting FBI agents.” Former President Jimmy Carter signed the act in 1978, building upon legislation by Congress to stop former President Richard Nixon from destroying tapes linked to the Watergate scandal. The law requires that all “official” documents be returned to the National Archives upon a president’s departure. Legal experts say Trump’s interpretation of the Presidential Records Act is faulty. The government does not have to prove that Trump was giving documents to a foreign power to use against the United States, said Joan Meyer, a former prosecutor and partner at the law firm Thompson Hine LLP. The indictment says Trump violated a section of the law that refers to someone who “willfully retains” a covered document and “fails to deliver it to the officer or employee of the United States entitled to receive it.” Not all of the crimes covered by the 1917 Espionage Act involve the commonly understood category of “spying.” It has nothing to do with a former president legally keeping his own documents.” “The Espionage Act has been used to go after traitors and spies. We fact-checked his post-arraignment remarks. Now, this argument will be tested in court. Trump has long maintained that he had the right to possess the documents. Most of the charges relate to “willful” and unauthorized possession of federal documents, some of which were classified. “Nice birthday,” he said sarcastically on the eve of his 77th birthday.Įarlier in the day, Trump appeared in federal court in Miami to answer for more than three dozen charges brought by Justice Department Special Counsel Jack Smith. As in April, guests booed Trump’s targets, laughed at his jokes and cheered him on. In both addresses, Trump misrepresented laws governing the handling of sensitive and classified papers and made misleading comparisons with Democratic politicians. Trump’s June 13 remarks at his Bedminster, New Jersey, club shared more than a resemblance to his April 4 remarks at his Mar-a-Lago resort after being indicted in New York City. He ended the night by addressing Americans with a litany of false and misleading defenses. He cruised from the courthouse, boarded his private jet and flew to one of his resorts. Days later, he was ushered into a nondescript courthouse where he entered a not guilty plea, mostly hidden from the public. Former President Donald Trump was indicted.
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