Last week, former President Donald Trump was indicted by the U.S. government for allegedly retaining, mishandling, and concealing classified documents after he left office. Charged with 37 criminal counts—including many that stem from the Espionage Act—Trump appeared in a Miami federal court on Tuesday and pled not guilty to the charges brought against him. In this episode, legal experts Oona Hathaway of Yale Law School and Jamil Jaffer of the Antonin Scalia Law School at George Mason University join to break down the legal and constitutional significance of the federal indictment. They also discuss potential outcomes of the prosecution, including effects on the upcoming 2024 presidential election; how these charges intersect with other charges being brought against President Trump in other courts including charges brought by the Manhattan district attorney in New York for allegedly falsifying business documents; how other countries around the world deal with heads of state who have been charged with breaking national and international laws; and how the decision to prosecute a president affects rule of law and the future of constitutional democracy. 

Resources:

• United States v. Donald Trump and Waltine Nauta (indictment)
• Espionage Act: 18 U.S.C. § 793(e)
• The Presidential Records Act (PRA)
• Oona Hathaway, “What Donald Trump and Reality Winner Have in Common” NY Times, June 11, 2023 
• Oona Hathaway on Classification of Government Documents, Washington Journal Interview, January 24, 2023
• Jamil Jaffer, on “The Lead with Jake Tapper”, June 12th, 2023, Complete Transcript
• Scott Bomboy, “The question of president immunity back in the spotlight” National Constitution Center, July 24, 2017

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