What does Donald Trump risk in an FBI investigation?

Eduardo Muñoz/Reuters

FILE PHOTO – Donald Trump speaks to the media from Bedminster Golf Club in New Jersey on July 7, 2021 (REUTERS/Eduardo Munoz)

United States – A “Political Persecution”. Donald Trump condemned this Tuesday, August 9 His Mar-a-Lago property was raided The FBI in Florida was searching through boxes of official documents taken by the former president after his defeat.Election in 2020.

However, the Federal Records Act of 1978 requires all US presidents (and their closest aides) to turn over all of their emails, letters and working papers to the National Archives. It is forbidden to destroy them. An important detail, a photograph Paper on the bottom of the toilet bowl The White House reappeared hours before the search. According to a book to be published in October, Donald Trump used to flush the toilet himself before flushing it.

What’s at stake if Donald Trump actually breaks the law? The Federal Records Act has no authorization authority. However, the United States Code (which defines federal law) provides that anyone “Unlawfully and intentionally hides, moves, defaces, destroys, falsifies or destroys” Official documents will be condemned “On fine or imprisonment for a term not exceeding three years, or both, he shall resign his office and be prohibited from undertaking any new activity in the United States”.

Terry Renna/AP

The entrance to Donald Trump’s Mar-a-Lago, Florida property raided by the FBI on August 8, 2022.

Risk of disqualification for 2024 presidential election

“Theoretically, the former president is at risk of fines and jail time. But this theory is limited by the political stakes of the investigation. It’s hard to imagine a former president going to jail for this.explains to Picaro American expert Nicole Bacharan. Donald Trump’s case is special because he is involved in an investigation (for now, covertly) of the attack on the Capitol.

According to him, if the documents found at Mar-a-Lago relate to January 6, 2021, the day American democracy almost changed and its role in this event, the situation could change. According to Nicole Bacharan, Donald Trump may be barred from running for office. A blow to the former president who is gearing up for the 2024 presidential election.

However, mentions The New York Times, Donald Trump’s disqualification has not been confirmed. In 2015, Democratic nominee Hillary Clinton came under fire from critics for using her private messaging system to send classified emails while she was secretary of state.

Trump is in great danger

The The FBI ultimately did not prosecute the former candidate In the presidential election. American jurists, however, have looked into the matter. They felt that the Constitution had established standard rules for those running for the White House (over 35, born in the US, etc.).

processAccusation – Trump, who was there, knows well faced twice – Provided in the text as in the disqualification clause. Experts’ conclusion: Congress has no power to determine the merit or deservingness of a person because the Constitution is so important in the hierarchy of norms.

As a tip from his side CNN, Donald Trump runs the risk of being charged with more serious charges in relation to these documents, particularly obstruction of justice if he knowingly hid compromising documents within the framework of the attack on the Capitol. This time, the punishment could be more severe: up to 20 years in prison.

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