According to exclusive information obtained by The Independent, federal prosecutors are preparing to request a Washington, DC grand jury to indict former President Donald Trump on charges of obstructing justice and violating the Espionage Act in connection with his handling of classified documents.
This development further burdens Mr. Trump’s legal predicament as he campaigns for his party’s nomination in the upcoming presidential election as a way to evade prosecution.
The Department of Justice is reportedly ready to ask the grand jurors to approve an indictment based on Section 793 of the US criminal code, known for prohibiting the “gathering, transmitting, or losing” of any information pertaining to national defense.
Notably, this strategic move by prosecutors does not explicitly involve classified information. It aims to undermine Mr. Trump’s potential defense that he exercised his presidential authority to declassify documents removed from the White House, which he retained at his property in Palm Beach, Florida, even after his term concluded on January 20, 2021.
The wording of Section 793 allows for the inclusion of Mr. Trump’s conduct, regardless of whether he was authorized to possess the information as president. The provision states that individuals who “lawfully have possession of, access to, control over, or are entrusted with any document… relating to the national defense and “willfully communicate, deliver, transmit, or cause to be communicated, delivered, or transmitted” said document to unauthorized individuals or fail to deliver it upon demand, can face up to 10 years in prison.”
Sources reveal that prosecutors plan to present the indictment for voting by the grand jurors on Thursday. However, the vote may be delayed by up to a week to allow for a comprehensive presentation of evidence or the collection of additional evidence, if necessary.
Meanwhile, a separate grand jury in Florida is concurrently hearing evidence related to the documents investigation. This grand jury was assembled to address legal complexities arising from some of the alleged crimes occurring in that jurisdiction rather than Washington.
According to federal law, charges against federal defendants must be filed in the jurisdiction where the crimes were committed.
Even if the grand jurors vote in favor of indicting the former president this week, it is likely that the charges will remain under seal until both the Washington and Florida grand juries conclude their proceedings.
Grand jurors have already heard testimony from numerous associates of the former president, including Mar-a-Lago employees, former administration officials from Mr. Trump’s post-presidential office and political operation, as well as high-ranking administration officials such as Mark Meadows, his final White House chief of staff.
Meadows is said to be cooperating with the investigations involving his former boss. It is believed that his testimony is part of an agreement for which he has received limited immunity in exchange.
The exact nature of the charges or the testimony remains undisclosed, whether they pertain to the documents investigation or the separate inquiry into the January 6 Capitol attack. Both investigations fall under the purview of a Department of Justice special prosecutor, Jack Smith. Reports suggest that Mr. Meadows has provided evidence in both matters.
