At this point, it’s all speculation. But, the Grand Jury in in TFG’s classified documents case expected to meet this coming week after hiatus.
Prosecutors working for special counsel Jack Smith have been presenting the grand jury with evidence and witness testimony for months, but activity appeared to have slowed in recent weeks based on observations at the courthouse and sources.
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It’s unclear whether prosecutors are prepared to seek an indictment at this point. The Justice Department would not comment on the status of the investigation.
But….”Rumor has it,” the grand jury might be ready to indict. CREW broke down for us what some of the possible charges could be. More explaining below.
- Obstruction of justice (18 U.S.C. § 1519)
- “…knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States.” Section 1519 is a felony, punishable by fine, imprisonment of up to 20 years, or both.
- Criminal contempt (18 U.S.C. § 402)
- Criminal contempt is another obstruction charge, this one based on willful disobedience of a court order, such as a grand jury subpoena. Conviction under § 402 requires a prosecutor to prove, beyond a reasonable doubt, that a lawful order was issued by a federal court and the defendant willfully and unlawfully violated that order. Criminal contempt is a misdemeanor, punishable by a fine up to $1,000, up to 6 months imprisonment, or both.
- False statements to federal authorities (18 U.S.C. § 1001)
- “…makes it a crime for someone to make a willfully false written or oral statement about a material fact to a federal investigator or agency. Importantly, under § 1001 the government need not prove that the defendant himself made the statement, but rather that he caused it to be made. “
- Conversion of government property (18 U.S.C. § 641)
- The Department of Justice uses 18 U.S.C. § 641 to prosecute cases where classified government materials have been mishandled. In particular, § 641 makes it a crime for a person to willfully and knowingly convert a government document or record for personal use. The offense is a felony punishable by a fine, 10 years imprisonment, or both.
- Unauthorized removal and retention of classified documents or material (18 U.S.C. § 1924)
- The Department of Justice frequently charges individuals — including high-ranking officials like David Petraeus — with violations of 18 U.S.C. § 1924. Section 1924 makes it a crime for an officer or employee of the United States to knowingly remove classified documents with the intent to retain them in an unauthorized location. Since 2018 the offense has been classified as a felony, punishable by a fine, imprisonment of up to five years, or both.
- Removing and concealing government records (18 U.S.C. § 2071)
- Willfully and unlawfully concealing government records with an intent to do so is a criminal act under 18 U.S.C. § 2071. A felony punishable by a fine of up to $250,000, imprisonment of up to 3 years, or both, a prosecutor would be required to prove that (1) a defendant willfully and intentionally concealed, removed, or destroyed; (2) a government document or record; (3) filed or deposited in any public office of the United States. It is clear that the documents in this case were “concealed” because their disclosure was prevented by Trump’s repeated efforts not to turn documents over to the DOJ and NARA and that the documents are government records because case law makes clear that presidential records material, like those retrieved from Mar-a-Lago, qualify under the statute.
- Gathering national defense information (18 U.S.C. § 793(e))
- One of a number of offenses under the Espionage Act, 18 U.S.C. § 793(e) criminalizes the willful retention of documents containing or pertaining to national defense information and failure to deliver such documents to appropriate government entities by those in unauthorized possession of or with access or control over such documents.
- Read more from the link provided above.
- One of a number of offenses under the Espionage Act, 18 U.S.C. § 793(e) criminalizes the willful retention of documents containing or pertaining to national defense information and failure to deliver such documents to appropriate government entities by those in unauthorized possession of or with access or control over such documents.
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