Federal prosecution of Donald Trump, 2023-2024 (classified documents case)

Donald Trump indictments, 2023-2025
New York prosecution
Defendant: Donald Trump (R) Prosecutor: Alvin Bragg (D) Judge: Juan Merchan Court: New York Supreme Court
Important datesSentencing: January 10, 2025 Verdict: May 30, 2024 Trial: April 15, 2024 Arraignment: April 4, 2023 Indictment: March 30, 2023
Federal prosecution (classified documents case)
Defendant: Donald Trump (R) Prosecutor: Jack Smith Judge: Aileen Cannon Court: Southern District of Florida
Important datesAppeal dismissed: Nov. 26, 2024 Case dismissed: July 15, 2024 Arraignment: June 13, 2023 Indictment: June 8, 2023
Federal prosecution (2020 election certification case)
Defendant: Donald Trump (R) Prosecutor: Jack Smith Judge: Tanya S. Chutkan Court: United States District Court for the District of Columbia
Important datesCase dismissed: November 25, 2024 Arraignment: August 3, 2023 Indictment: August 1, 2023
Georgia prosecution
Defendant: Donald Trump (R) Prosecutor: N/A (formerly Fani Willis (D)) Judge: Scott McAfee Court: Fulton County Superior Court
Important datesTrial: TBD Arraignment: Waived Indictment: August 14, 2023
See also Noteworthy criminal misconduct in American politics (2023-2024) • Impeachment of Donald Trump, 2021 • Impeachment of Donald Trump, 2019-2020

A federal grand jury charged Former President Donald Trump (R) with 40 criminal counts related to his handling of classified documents in June and July 2023. Trump pleaded not guilty. This was the first federal indictment of a former U.S. president.

U.S. District Court for the Southern District of Florida Judge Aileen Cannon dismissed the case on July 15, 2024, on the grounds that special counsel Jack Smith's appointment violated the Appointments Clause and the Appropriations Clause of the U.S. Constitution. Smith filed an appeal, but later withdrew the appeal after Trump won the 2024 presidential election.

The court unsealed the original indictment on June 9, 2023, which contained 37 criminal counts. A superseding indictment was released on July 27, 2023, and added three additional charges, resulting in a total of forty criminal counts. Thirty-two counts were on the willful retention of national defense information. The other counts included:

• conspiracy to obstruct justice;
• withholding a document or record;
• corruptly concealing a document or record;
• concealing a document in a federal investigation;
• scheme to conceal;
• false statements and representations;
• attempting to alter, destroy, or conceal evidence; and
• compelling another individual to alter, destroy, or conceal evidence.

There were two other defendants in this case. In the superseding indictment, Walt Nauta was charged with eight criminal counts, and Carlos De Oliveira was charged with four criminal counts.

This page contains information about Trump's federal prosecution regarding the handling of classified documents. For information about his prosecution in the state of New York for falsifying business records, click here, and for information about his federal prosecution regarding interference in the certification of the 2020 presidential election, click here. For more information about Trump's prosecution in the state of Georgia, click here.

Timeline

The section below provides a timeline of events related to the federal indictment of Trump.

• November 26, 2024: The United States District Court for the Southern District of Florida dismissed the appeal at Smith's request after Trump won the 2024 presidential election.
• July 17, 2024: Smith filed a notice of appeal.
• July 15, 2024: Judge Aileen Cannon dismissed the case, granting a motion to dismiss from Trump's legal team that argued special counsel Jack Smith's appointment violated the Appointments Clause and the Appropriations Clause of the U.S. Constitution.
• May 7, 2024: Judge Aileen Cannon postponed the trial indefinitely.
• March 14, 2024: Trump attended a hearing regarding motions to dismiss filed by Trump's legal team.
• February 12, 2024: Trump attended a private hearing regarding whether some classified material could be withheld from discovery.
• July 27, 2023: Smith released a superseding indictment in the case, adding three criminal charges to the indictment.
• July 21, 2023: Cannon set the jury trial start date for May 20, 2024.
• June 13, 2023: Trump pleaded not guilty during his arraignment in U.S. district court in Miami regarding the federal indictment. Magistrate Judge Jonathan Goodman presided over the arraignment and bond hearing.
• June 10, 2023: Cannon was assigned as the lead judge on the case.
• June 9, 2023: The indictment against Trump was unsealed. The document contained 37 criminal counts.
• June 8, 2023: Trump announced that he had been indicted by a grand jury in Miami on seven federal criminal charges for his alleged mishandling of classified documents.
• November 18, 2022: Garland appointed Smith as special counsel.
• August 9, 2022: Federal Bureau of Investigation agents executed a search warrant on Trump's home at Mar-a-Lago as part of an investigation into whether Trump brought classified documents there after he left office in January 2021.
• March 2022: The Federal Bureau of Investigation launched an investigation into whether Trump was improperly storing classified materials.
• January 2022: The National Archives and Records Administration notified the United States Department of Justice that it had identified classified national security information among records Trump transferred to NARA.

Background

In November 2021, the general counsel for the National Archives and Records Administration (NARA) requested Trump return approximately two dozen boxes of presidential records that White House counsel Pat A. Cipollone identified as having not been transferred to NARA. According to the Presidential Records Act of 1978, "Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office." Trump transferred 15 boxes of presidential records to NARA in January 2022. NARA identified some returned records as classified national security information.

Because there were classified materials among the records, NARA notified the United States Department of Justice. The Federal Bureau of Investigation (FBI) launched an investigation into the matter in March 2022. The FBI subsequently received a subpoena from a federal grand jury to search Trump's Mar-a-Lago residence for improperly stored classified materials. The search took place in August 2022. The FBI removed 20 boxes from the residence.

Following the search, Trump filed a civil lawsuit (Trump v. United States) on August 22, 2022, seeking the appointment of a special master to review the materials confiscated from Mar-a-Lago. Judge Aileen Cannon granted the request on September 5, 2022. The Justice Department appealed this ruling to the United States Court of Appeals for the Eleventh Circuit. The Eleventh Circuit unanimously ruled in favor of the Justice Department, reversing Cannon's ruling, on December 1, 2022. Cannon then dismissed the case for lack of jurisdiction.

In November 2022, U.S. Attorney General Merrick Garland appointed special counsel Jack Smith to investigate allegations that Trump knowingly took classified documents to his home at Mar-a-Lago after he left office and obstructed investigators who attempted to retrieve them. Before this appointment, Smith served as a chief prosecutor for the special court in The Hague, Netherlands, where he investigated war crimes in Kosovo.

Legal team

As of March 12, 2024, Trump's defense attorneys in the case were Todd Blanche and Christopher Kise. Blanche was an assistant U.S. attorney in the Southern District of New York from 2006 to 2014. He later worked as counsel at WilmerHale and partner at Cadwalader, Wickersham & Taft LLP. Kise has previously worked as Florida's Solicitor General, as a counselor to former Florida Governor Charlie Crist (D), and as a counselor to Florida Governor Ron DeSantiss (R) transition team.

Defendants

There were three defendants in this case. The first was former President Donald Trump (R), who was charged with 40 counts related to the mishandling of classified documents. The second was Walt Nauta, an assistant to Trump, who was charged with eight criminal counts. The third was Carlos De Oliveira, the property manager at Mar-a-Lago, who was charged with four criminal counts.

Statements in response to the indictment

The section below provides full statements in response to the indictment from Trump, federal officials, and congressional leadership.

Former President Donald Trump (R)

Trump released a video on Truth Social in response to the charges. A transcript of the video is provided below:

“

We are a nation in decline and yet they go after a popular president, president who got more votes than any sitting president in the history of our country by far and did much better the second time in the election than the first. They go after him on a hoax. Just like the Russia hoax and all of the others. This has been going on for seven years. They cannot stop because it is election interference at the highest level. There has never been anything like what has happened. I am an innocent man. They had the Mueller report. That came out, no collusion. That was set up by Hillary Clinton and D. This is what they do. This is what they do so well. If they would devote their energy to honesty and integrity it will be a lot better for their country. They can do a lot of great things. If you look at what has happened to our country. We were energy independent. We had a strong military that was not woke. We were doing so well with respect all over the world. The biggest tax cuts in history, the biggest regulation cuts. You had an election that was taken. A president that got more votes than any sitting president in history by far and they come after me because now we are leading in the polls again against Biden and against the Republican. We are leading against Biden by a lot. A tremendous amount. They figured the way they are going to stop us is using warfare. This is warfare. We cannot let it happen. We cannot let it happen. Our country is going to hell. They come after Donald Trump, weaponizing the justice department, weaponizing the FBI. We cannot let this continue to go on because it is ripping our country to shreds. We have such big problem and this should not be one of them. It is a hoax. Just like russia. Just like the fake dossier was a hope. -- was a hoax. You saw the Durham report, you saw the Mueller report. You had two impeachments and they lost and we won. We had tremendous report but that was a hoax and a stamp and now they are doing it again. Seven years. Even after I am out. It is called election interference. They are trying to destroy a reputation so they can win an election. That is just as bad as doing any of the other things that have been done over the last number of years and especially during the 2020 election. I want to tell you I am innocent man, I did nothing wrong, and we will fight this like we've been fighting for seven years. It would be wonderful if we could devote our full to making America great again and that is exactly what we did. Now our country is in decline. We are a failing nation. This is what they do. I am an innocent man. We will prove that again. Seven years of proving it. Very unfair. I want to thank everybody. We are doing something very special for our country. I always put America first. That is why we were in a position. Unfortunately that position is no longer valid because they have done such a poor job. We are in a position where we will make America great again. I am innocent and we will prove that soundly and hopefully quickly. Thank you very much.

”

Special counsel Jack Smith

Smith gave the following statement on June 9, 2023, following the unsealing of the indictment:

“

Good afternoon. Today, an indictment was unsealed charging Donald J. Trump with felony violations of our national security laws as well as participating in a conspiracy to obstruct justice. This indictment was voted by a grand jury of citizens in the Southern District of Florida, and I invite everyone to read it in full to understand the scope and the gravity of the crimes charged. The men and women of the United States intelligence community and our armed forces dedicate their lives to protecting our nation and its people. Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced. Violations of those laws put our country at risk. Adherence to the rule of law is a bedrock principle of the Department of Justice. And our nation’s commitment to the rule of law sets an example for the world. We have one set of laws in this country, and they apply to everyone. Applying those laws. Collecting facts. That’s what determines the outcome of an investigation. Nothing more. Nothing less. The prosecutors in my office are among the most talented and experienced in the Department of Justice. They have investigated this case hewing to the highest ethical standards. And they will continue to do so as this case proceeds. It’s very important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law. To that end, my office will seek a speedy trial in this matter. Consistent with the public interest and the rights of the accused. We very much look forward to presenting our case to a jury of citizens in the Southern District of Florida. In conclusion. I would like to thank the dedicated public servants of the Federal Bureau of Investigation, with whom my office is conducting this investigation and who worked tirelessly every day upholding the rule of law in our country. I’m deeply proud to stand shoulder to shoulder with them. Thank you very much.

”

Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.)

“

No one is above the law – including Donald Trump. This indictment must now play out through the legal process, without any outside political or ideological interference. We encourage Mr. Trump’s supporters and critics alike to let this case proceed peacefully in court.

”

Speaker of the House Kevin McCarthy (R-Calif.)

“

Today is indeed a dark day for the United States of America. It is unconscionable for a President to indict the leading candidate opposing him. Joe Biden kept classified documents for decades. I, and every American who believes in the rule of law, stand with President Trump against this grave injustice. House Republicans will hold this brazen weaponization of power accountable.

”

Media commentary

The section below provides media commentary in response to the indictment.

“	It is an extremely damning indictment. There are indictments that are sometimes called narrative or speaking indictments. These are indictments that are really meant to make a point as to the depth of the evidence. There are some indictments that are just bare bones. This is not. The special counsel knew that there would be a lot of people who were going to allege that the Department of Justice was acting in a biased or politically motivated way. This is clearly an indictment that was drafted to answer those questions. It’s overwhelming in details. And, you know, the Trump team should not fool itself, these are hits below the waterline. These are witnesses who apparently testified under oath, gave statements to federal investigators, both of which can be criminally charged if they’re false. Those witnesses are directly quoting the president in encouraging others not to look for documents or allegedly to conceal them. It’s damaging.	”
—Jonathan Turley, Fox News (June 9, 2023)

“	But even when Mr. Trump figures out who will represent him, the lawyers will face a more significant challenge: how to rebut the charges in a criminal case in which their options may be limited. While no one knows precisely how Mr. Trump will go about attacking the most serious charges he has faced, his options for using the legal system to delay the case, turn it into a political circus or paint himself as a victim of federal prosecutors are numerous and varied. Even before his indictment, Mr. Trump, his allies and his lawyers had hinted at some of the arguments they could raise. They include asserting that Mr. Trump had a right to take the documents from the White House and that he had declassified them before leaving office. They could accuse the prosecutors of misconduct or try to show that he was a victim of selective prosecution. And they could seek to have potentially damning evidence excluded from the trial or try to force the government to disclose classified material that it wants to keep secret.	”
—Alan Feuer, Maggie Haberman, and Ben Protess, The New York Times (June 12, 2023)

“	We understand why many conservatives are unwilling to view the charges against Trump in a vacuum given that the Justice Department let Hillary Clinton off the hook for her reckless handling of government secrets and the resulting cover-up, that President Biden is unlikely to pay a price for his own mishandling of classified documents, and that Democrats and their allies have pursued a yearslong campaign to get Trump. All of those are legitimate considerations, and the contrast with how James Comey and Co. handled the Hillary case is particularly galling. But it doesn’t change the fact the country wouldn’t be in this uncharted territory if Trump hadn’t taken documents he had no right to, and simply complied when asked to give them back.	”
—The Editors, National Review (June 9, 2023)

“	Special counsel Jack Smith has brought charges against former president Donald Trump, breaking the string of federal prosecutors without the courage or commitment to justice to prosecute Trump for the many crimes he’s committed in plain sight. The 37-count indictment handed down by a Miami grand jury deals with Trump’s alleged mishandling of sensitive documents. I feared that Smith would be an updated version of Bob Mueller, but this indictment puts those concerns to rest. I’m happy to have been wrong about him. As near as I can tell, no punches were pulled, and Trump was given no special treatment. Trump has been charged under the Espionage Act with willful retention of national defense information, conspiracy to obstruct justice, and making false statements to criminal investigators. Trump is in more legal jeopardy now than he has been at any time in his corrupt life.	”
—Elie Mystal, The Nation (June 12, 2023)

“	We’re on record as believing that Attorney General Merrick Garland’s indictment of Mr. Trump is a misguided use of prosecutorial power that could have destructive consequences. It intervenes in a presidential election campaign, unleashing political furies that are impossible to predict. It keeps Mr. Trump the dominant issue of the presidential campaign, denying the country the larger debate the public deserves. The shame is that this is exactly what both Mr. Trump and the White House want. Mr. Trump would rather not be charged, but he is already brandishing the indictments against him as a campaign credential. He’s all but saying Republicans must nominate him as the only defense Americans have against Democrats and the deep state. Democrats want to run against Mr. Trump because they think he’d be the easiest Republican to beat, or to ruin in office if he does win again.	”
—Editorial Board, Wall Street Journal (June 13, 2023)

Text of the order to dismiss

The section below provides the text of Judge Aileen Cannon's order to dismiss the case on July 15, 2024.

Text of the indictment

Superseding indictment (7/27/2023)

The section below provides the text of the superseding indictment released on July 27, 2023.

Initial indictment (6/9/2023)

The section below provides the text of the indictment released on June 9, 2023.

What a grand jury does

A grand jury is defined as "a group of people who look at the evidence against someone who has been accused of a crime in order to decide if there should be a trial."

Prosecutors present evidence to a grand jury, which decides whether there is probable cause to believe that a crime has been committed. Grand juries are made up of 16 to 23 people, who serve for a period of one month up to one year.

Federal grand jury sessions are held in private, usually not in the presence of the alleged criminal. Grand juries may request additional evidence such as witness testimony or documents to investigate on their own unimpeded by outside influence.

The Supreme Court case United States v. Williams (1992) said that a grand jury is "a kind of buffer or referee between the Government and the people." It decides if there is enough evidence to formally charge a suspect with a crime.

See also

• Noteworthy criminal misconduct in American politics (2023-2024)
• Donald Trump
• Donald Trump indictments, 2023-2025
• New York prosecution of Donald Trump, 2023-2025
• Federal prosecution of Donald Trump, 2023-2024 (2020 election certification case)
• Georgia prosecution of Donald Trump, 2023-2024
• Impeachment of Donald Trump, 2021
• Impeachment of Donald Trump, 2019-2020

Footnotes

Ballotpedia

About

Overview • What people are saying • Support Ballotpedia • Contact • Contribute • Job opportunities

---

Executive: Leslie Graves, Founder and CEO • Gwen Beattie, Chief Operating Officer

Communications: Alison Graves, Director of Communications • Carley Allensworth • Abigail Campbell • Frank Festa • Sarah Groat • Nathaniel Harwood • Dillon Redmond • Erica Shumaker
External Relations: Geoff Pallay, Director of External Relations • Ken Carbullido, Vice President of Election Product and Technology Strategy • Ashley Fleming • Thomas Mardik • Hannah Nelson
Operations: Meghann Olshefski, Director of Operations • Amanda Herbert • Mandy Morris • Caroline Presnell • Kelly Rindfleisch
Tech: Matt Latourelle, Director of Technology Operations • Ryan Burch • Kirsten Corrao • Beth Dellea • Travis Eden • Tate Kamish • Margaret Kearney • Eric Lotto • Joseph Sanchez • Mary Susmitha

Contributors: Scott Rasmussen

---

Editorial Content

Josh Altic, Director of Content • Daniel Anderson, Associate Director of Elections & Data • Cory Eucalitto, Associate Director of Features • Ryan Byrne, Managing Editor of Ballot Measures • Mandy McConnell, Managing Editor of News • Doug Kronaizl, Managing Editor of Local Expansion • Abbey Smith, Managing Editor of Elections • Janie Valentine, Managing Editor of Law • Joel Williams. Managing Editor of Events • Andrew Bahl • Jaclyn Beran • Marielle Bricker • Joseph Brusgard • Emma Burlingame • Kelly Coyle • Jon Dunn • Thomas Ellis • Nicole Fisher • Joseph Greaney • Thomas Grobben • Brianna Hosea • Molly Kehoe • Tyler King • Glorie Martinez • Norm Leahy, Senior Editor • Nathan Maxwell • Jimmy McAllister • Brandon McCauley • Ellie Mikus • Ellen Morrissey • Mackenzie Murphy • Kaley Platek • Samantha Post • Adam Powell • Annelise Reinwald • Ethan Rice • Spencer Richardson • Victoria Rose • Briana Ryan • Myj Saintyl • Maddy Salucka • Emma Soukup • Alexis Thacker • Mina Vogel • Samuel Wonacott • Trenton Woodcox