Renewed Trump indictment: What that means and what happens next

Former U.S. President Donald Trump on the grounds of Trump National Golf Club in Virginia. © Alex Brandon/AP

Former U.S. President Donald Trump makes public that charges have been brought against him - again. On Tuesday, he is scheduled to appear in court in connection with the affair of confidential secret documents.

For months, Special Counsel Jack Smith has had one of the most delicate jobs in the judicial history of the United States: The prosecutor is leading the investigation against former President Donald Trump in the affair of the unlawful storage of secret government documents.

The results have now led a jury, a so-called grand jury, to conclude that there is sufficient evidence of a crime. What exactly it is about - and what is still unknown.

What do we know about the charges?

So far, the indictment is still sealed - that is, not publicly. According to his lawyer, Trump himself has not yet received them either. Instead, Trump received a subpoena that contained wording that pointed to seven charges, said Trump's lawyer Jim Trusty. He assumes that his client is likely to be charged, among other things, with collecting, transmitting or losing defense information. This point falls under the U.S. Espionage Act and can be punished with up to ten years in prison. It is possible that this offence may be applied to each of the documents in question individually.

In order to obtain a conviction on this charge, the prosecution would have to prove that the documents serve to defend the United States and that their publication could, for example, help a foreign opponent. According to the lawyer, further wording in the letter to Trump points to charges related to conspiracy to obstruct justice and false testimony. In the case of the former, the prosecutor's office would have to show, for example, that Trump deliberately resisted the Justice Department's request to hand over the documents.

What consequences would Trump have to fear if he were to be convicted?

Ultimately, such a procedure can now drag on for years. If the Republican is convicted, he faces several years in prison. Despite the indictment, Trump can also run for his party in the 2024 presidential election. From a legal point of view, even a conviction does not necessarily mean that Trump would not be able to hold the office of US president again. However, there has never been a U.S. president behind bars in U.S. history - there are likely to be at least practical hurdles here.

There is also a federal law that prohibits anyone convicted of willfully removing government documents from holding political office. However, it now depends very precisely on the charges that the public prosecutor's office has not yet made public. Some experts also argue that the Constitution trumps federal laws - and there is nothing in it about taking government documents with you as an exclusion criterion for political office. Here, too, courts are likely to have the last word in the end.

What makes the indictment so special?

Trump was indicted a few weeks ago in the US state of New York in connection with hush money payments to a star. It is the first time in U.S. history that a U.S. president has to stand trial for a crime. Nevertheless, the indictment in the secret service affair is again historic. This is the first time that an ex-president has been impeached at the federal level. Charges at the federal level are often punished with harsher penalties because of the national interests at stake.

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What exactly is the next step for Trump?

Trump is scheduled to appear before a judge in a federal court in Miami on Tuesday at 15:00 p.m. (local time). He received a subpoena, both Trump and his lawyer said. At the hearing, the indictment will be read. In doing so, the defendant is formally informed of the allegations made against him.

Trump may also be asked to take a stand on the allegations. Trump then has the opportunity to plead "not guilty" or "guilty", for example. It can be assumed that Trump will plead "not guilty", because the ex-president has made it unmistakably clear in this case that he is an innocent man. His lawyer also emphasized that his client was not guilty of anything in the case.

At this hearing, the judge also decides whether the defendant will be detained until the start of the trial - for example, if there is a risk of flight or a danger to the general public. According to experts, however, this cannot be assumed in the present case. The judge then also sets the other court dates.

What other legal problems does Trump have?

The trial related to hush money payments to a star is scheduled to begin in March 2024 in New York. Investigations against Trump are also underway to storm the U.S. Capitol. Special Counsel Smith is looking into Trump's role in the January 6, 2021 riots and his efforts to influence the outcome of the 2020 presidential election. A committee of inquiry had recommended that the Ministry of Justice conduct a criminal investigation. Here, too, there could be an indictment.

In the state of Georgia, the prosecutor's office is also investigating Trump for possible election manipulation. In another case, Trump has already been prosecuted - at least indirectly. His real estate company was fined in New York for tax fraud, among other things. The ex-president had not been personally accused. Dpa