Federal prosecution of Donald Trump (classified documents case)

This article is about the prosecution relating to classified documents handling. For other prosecutions of Trump, see Indictments against Donald Trump.

United States v. Trump
Seal of the District Court for the Southern District of Florida
CourtUnited States District Court for the Southern District of Florida
Full case name United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira[1]
Docket nos.9:23-cr-80101-AMC[1]
Charge40 against Trump; 8 against Nauta; 4 against de Oliveira
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Judge sitting
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United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira is a federal criminal case against Donald Trump, the 45th president of the United States, Walt Nauta, his personal aide and valet, and Mar-a-Lago maintenance chief Carlos De Oliveira.[2][3] The grand jury indictment brought 40 felony counts against Trump related to his alleged mishandling of classified documents after his presidency, to which he pleaded not guilty.[4] The case marks the first federal indictment of a former U.S. president.[5]

On June 8, 2023, the original indictment with 37 felony counts against Trump was filed in the federal district court in Miami by the office of the Smith special counsel investigation.[6][7][8][9] On July 27, a superseding indictment charged an additional three felonies against Trump.[10][11][12] Trump was charged separately for each of 32 documents under the Espionage Act.[13][14] The other eight charges against him included making false statements and engaging in a conspiracy to obstruct justice. The most serious charges against Trump and Nauta carried a maximum penalty of 20 years in prison. There were no mandatory minimum penalties.

Trump was arraigned on June 13, 2023,[15] Nauta was arraigned on July 12,[16] and both were arraigned on additional charges on August 10. De Oliveira was arraigned on August 15 on four criminal counts related to an alleged attempt to delete surveillance footage.[17] All pleaded not guilty to all charges. Though Judge Aileen Cannon initially set trial for May 20, 2024,[18] she postponed it[19] and then dismissed the case on July 15, ruling that the appointment of Smith had been unconstitutional.[20][21] The Special Counsel appealed the dismissal.[22][23][24]

Following Trump's election in November 2024, the Justice Department was reportedly considering how to wind down the case, given that Trump as president will not allow the prosecution to continue.[25] Were it to continue, the Justice Department’s Office of Legal Counsel would need to decide on its own protocol for whether it would prosecute a president-elect. It has an existing protocol of not prosecuting sitting presidents.[26]

  1. ^ a b Cite error: The named reference Savage was invoked but never defined (see the help page).
  2. ^ Fisher, Joe; Schrader, Adam (June 8, 2023). "Donald Trump charged in handling of classified documents". United Press International. Archived from the original on June 9, 2023. Retrieved June 8, 2023.
  3. ^ Cite error: The named reference Lowell & Chao-Fong was invoked but never defined (see the help page).
  4. ^ Sneed, Tierney (August 4, 2023). "Trump pleads not guilty twice in 24 hours with plea to new charges in classified documents case". CNN Politics. Archived from the original on August 5, 2023. Retrieved August 5, 2023.
  5. ^ Baker, Peter (June 10, 2023). "Trump's Case Puts the Justice System on Trial, in a Test of Public Credibility". The New York Times. Archived from the original on June 11, 2023. Retrieved June 10, 2023.
  6. ^ Druker, Simon (June 9, 2023). "37 charges against Donald Trump include retention of intel, obstruction of justice". United Press International. Archived from the original on June 9, 2023. Retrieved June 10, 2023.
  7. ^ Cite error: The named reference Barrett_Stein_Dawsey_6/8/2023 was invoked but never defined (see the help page).
  8. ^ Feuer, Alan; Haberman, Maggie; Rashbaum, William K.; Protess, Ben (June 9, 2023). "Justice Department Charges Trump in Documents Case". The New York Times. ISSN 0362-4331. Archived from the original on June 10, 2023. Retrieved June 10, 2023.
  9. ^ Cite error: The named reference Faulders_6/8/2023 was invoked but never defined (see the help page).
  10. ^ Mangan, Dan; Breuninger, Kevin (July 27, 2023). "Trump hit with new charges in classified documents case, third defendant added". CNBC. Archived from the original on July 27, 2023. Retrieved July 27, 2023.
  11. ^ "Superseding Indictment" (PDF). U.S. District Court, Southern District of Florida. July 27, 2023. Archived (PDF) from the original on July 27, 2023.
  12. ^ Pequeño IV, Antonio (July 27, 2023). "Trump Charged With 3 New Felonies In Mar-A-Lago Classified Documents Case". Forbes. Archived from the original on July 27, 2023. Retrieved August 17, 2023.
  13. ^ Cheney, Kyle; Gerstein, Josh (June 9, 2023). "Trump indictment unsealed". Politico. Archived from the original on June 9, 2023. Retrieved June 9, 2023.
  14. ^ Polantz, Katelyn (July 28, 2023). "Trump team wants to discuss classified information at his house rather than in a secure space, prosecutors say". CNN Politics. Archived from the original on August 5, 2023. Retrieved August 7, 2023.
  15. ^ Lowell, Hugo (June 28, 2023). "Trump classified documents trial could be delayed until spring 2024". The Guardian. ISSN 0261-3077. Archived from the original on June 29, 2023. Retrieved June 29, 2023.
  16. ^ "Trump valet Walt Nauta pleads not guilty in classified documents case". Politico. Associated Press. July 6, 2023. Archived from the original on July 11, 2023. Retrieved July 18, 2023.
  17. ^ Nottingham, Shawn (August 15, 2023). "Trump property manager pleads not guilty". CNN Politics. Archived from the original on August 15, 2023. Retrieved August 15, 2023.
  18. ^ Polantz, Katelyn; Sneed, Tierney; Scannell, Kara (July 21, 2023). "Judge sets May 2024 trial date for Donald Trump in documents case". CNN Politics. Archived from the original on July 22, 2023. Retrieved July 21, 2023.
  19. ^ Cheney, Kyle (May 7, 2024). "Judge Cannon indefinitely postpones Trump's classified docs trial". Politico. Retrieved May 7, 2024.
  20. ^ Cite error: The named reference Carrie was invoked but never defined (see the help page).
  21. ^ Cannon, Aileen (July 15, 2024). "Order Granting Motion To Dismiss Superseding Indictment Based On Appointments Clause Violation" (PDF). District Court for the Southern District of Florida West Palm Beach Division. Retrieved August 20, 2024 – via courtlistener.com.
  22. ^ Cite error: The named reference notice was invoked but never defined (see the help page).
  23. ^ Smith, Jack (July 17, 2024). "Notice of Appeal" (PDF). District Court for the Southern District of Florida West Palm Beach Division. Retrieved August 20, 2024 – via courthousenews.com.
  24. ^ Cite error: The named reference :4 was invoked but never defined (see the help page).
  25. ^ Dilanian, Ken; Jarrett, Laura (November 6, 2024). "DOJ moving to wind down Trump criminal cases before he takes office". NBC News. Retrieved November 7, 2024.
  26. ^ Cole, Devan; del Valle, Lauren; Scannell, Kara; Herb, Jeremy (November 6, 2024). "What happens to Trump's criminal and civil cases now that he's been reelected". CNN. Retrieved November 6, 2024.