Legal Experts Say Trump Faces Uphill Battle in Document Retention Case

(Reuters) – Donald Trump faces a formidable task defending against charges that he illegally kept top-secret documents upon leaving the White House in 2021, according to legal experts, who said neither the law nor the facts appear to be on his side.

The Charges

The former U.S. president, who is a candidate to run again in the 2024 election, was charged in an indictment unsealed in Florida federal court on Friday. The 37 counts against him include violations of the Espionage Act, obstruction of justice conspiracy and false statements.

Breadth of Evidence

National security law experts were struck by the breadth of evidence in the indictment which includes documents, photos, text messages, audio and witness statements. They said this made a strong case for prosecutors’ allegation that Trump illegally took the documents and then tried to cover it up.

Obstruction of Justice Charges

Trump’s greatest peril could lie in the conspiracy to obstruct justice charges, which carry a maximum sentence of 20 years in prison.

Coverup Worse Than the Crime

During the investigation, Trump’s lawyers told the FBI that they had turned over all classified documents in their possession, which was false. They deny intentionally misleading investigators.

“This is a situation where the coverup is worse than the crime,” the Brennan Center’s Goitein said. “If he had only been negligent, no charges would have been brought.”

Potentially Successful Strategies

However, Trump does have some potentially successful strategies. His lawyers could challenge witness accounts, blame others or argue he was following the advice of his attorneys and did not intend to break the law.

If it goes to trial, a Florida jury would hear the case since that is where the special counsel sought the indictment. In the conservative-leaning state, Trump would need only one juror to oppose his conviction for there to be a mistrial.

His defense team could also file motions that would delay a trial until after the November 2024 election. Legal experts disagree over whether Trump could pardon himself if he wins.

Conclusion

Legal experts said Trump’s alleged years-long effort to conceal documents was likely a major factor in special counsel Jack Smith’s decision to indict him.

(Reporting by Jack Queen in New York; Additional reporting by Sarah N. Lynch in Washington, D.C.; editing by Amy Stevens and Cynthia Osterman)