Amidst the recent indictment in United States v. Donald Trump, there has been much conjecture regarding the possibility that the former president had inappropriately retained classified documents, not just at Mar-a-Lago, but also at his residency and golf club in Bedminster, New Jersey. The indictment confirmed this suspicion, raising further queries into why Trump has not faced more severe charges.
The Department of Justice and a recorded conversation with Trump suggest that the former president did, in fact, take classified records from Mar-a-Lago to Bedminster, where he showed sensitive information to various individuals. The charges accuse Trump of displaying a political map to a political ally, as well as revealing secret military plans for an attack on Iran to a writer and publisher. These allegations represent not only the improper retention of classified information but also the intentional communication of such data.
The decision to charge Trump with illegal retention of classified documents while forgoing charges of dissemination raises the question of whether further charges will be brought. According to Justice Manual and the attorney general’s office, prosecutors are advised to consider charges of dissemination before settling on the most appropriate charges. It falls on the prosecutor to select the most severe crime likely to result in a sustainable conviction. The special counsel may take into account multiple factors in determining whether to bring the most serious charges.
Despite the allegations of dissemination and disclosure of national security secrets, the indictment did not charge Trump with these offenses. Some suggest this decision may have been impacted by the issue of venue. Prosecutors must bring charges in the appropriate location where alleged criminal conduct took place, and in this case, that would be New Jersey. However, one interpretation of the law states that any crime begun in one district and completed in another may be prosecuted in a district where the offense began. Therefore, it is possible that Florida, where Mar-a-Lago is located, could be an appropriate place to bring charges for dissemination at Bedminster.
Regardless of where the additional charges may come, it is highly likely that they will yield the maximum penalty available under the federal sentencing guidelines. A conviction on any of the 31 counts under the Espionage Act for retention of national-defense information is already severe. Additionally, the allegations of dissemination could still be considered in sentencing, even if separate convictions were not obtained.
The possibility of additional charges also raises questions about the level of detail included in the indictment. The document excludes much of the information surrounding Trump’s actions in Bedminster, leading some to speculate that a more in-depth investigation is still ongoing and further charges could be forthcoming. However, such a move could be perceived as overcharging and potentially harm the government’s case.
In conclusion, while the indictment has confirmed some suspicions, it leaves many questions unanswered. The legal uncertainties surrounding the bringing of charges in Florida for dissemination of national-security secrets in Bedminster suggest that further charges may be forthcoming. Nevertheless, it is clear that any conviction on the counts laid out in the current indictment will have serious consequences.
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