Nearly a year ago, investigators seized some 13,000 documents at Trump’s Mar-a-Lago estate in Palm Beach, Florida. One hundred were marked as classified, despite the fact that one of Trump’s lawyers had previously said that all records with classified marks had been returned to the government.
“I AM AN INNOCENT MAN!” Trump wrote on his Truth Social platform Thursday after announcing the indictment.
Trump had previously said that he declassified those documents while he was president, but his lawyers have refused to make that argument in court filings.
CNN reported Friday that Trump said after leaving office that he had withheld military information that he had not released. Those comments, captured on audio, could be key evidence in the case.
District Judge Aileen Cannon was initially assigned to oversee the case, according to another source briefed on the matter. She could also preside over the trial, said the source, who spoke on condition of anonymity.
Cannon, appointed by Trump in 2019, made decisions that favored her in legal skirmishes during the investigation of the documents last year. Her rulings were overturned on appeal.
This judge would determine, among other things, when a trial would be held and what Trump’s sentence would be if he were found guilty.
Former Trump attorney Jim Trusty told CNN the charges include conspiracy, false statements, obstruction of justice and unlawful withholding of classified documents under the Espionage Act.
If he wins the presidency again, Trump, as head of the federal government, would be in a position to derail the federal case, but not the state one in New York.