National Security · Constitutional Law · Justice·June 8, 2023
Jack Smith charges Trump with 37 felonies for keeping classified documents at Mar-a-Lago
Federal prosecutors charged former President Donald Trump on June 8, 2023, with 31 counts under the Espionage Act for willfully retaining national defense secrets and six additional counts for obstructing the government's retrieval effort
Trump retained 184 classified documents (700 pages) at Mar-a-Lago after leaving the White House in January 2021
31 of 37 original charges were under 18 U.S.C. 793(e), the Espionage Act — the law protecting national defense secrets
Documents included plans for a US military attack on Iran, nuclear submarine capabilities, and foreign nuclear program details
25 documents were marked Top Secret; 92 Secret; 67 Confidential
The superseding indictment on July 27, 2023 raised the total to 40 counts and added an allegation Trump ordered deletion of security camera footage
Walt Nauta was charged as co-defendant on 6 counts for helping conceal boxes from investigators
Judge Aileen Cannon dismissed all charges in July 2024, ruling Jack Smith's appointment unconstitutional — a conclusion rejected by most legal scholars
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Judge Merchan sentences Trump to unconditional discharge on 34 felony counts
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