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               Congressional                                               ______
           R a    esearch Service






The Mar-a-Lago Indictment: A Legal

Introduction



Updated June 9, 2023

On June 8, 2023, President Trump stated on social media that he had been informed a federal grand jury
had returned an indictment against him. The indictment, which was unsealed on June 9, 2023, includes a
total of 38 counts related to government documents found at the former President's Mar-a-Lago property
in Palm Beach, FL, and the investigation arising from the retention of those documents. The indictment
names both former President Trump and an associate as defendants.
The Federal Bureau of Investigation (FBI) previously executed a search warrant at Mar-a-Lago, which a
magistrate judge unsealed along with an inventory of property seized and a redacted version of the
warrant's supporting affidavit. The warrant authorized government officials to seize all documents and
records constituting evidence of possible violations of several federal statutes related to unlawful
retention, removal, destruction, or alteration of government documents.
The charges in the indictment fall into three categories. Those categories are
      willful retention of documents related to the national defense in violation of the
       Espionage Act (18 U.S.C. § 793(e));
      obstruction-based charges, including destruction, alteration, or falsification of records in
       federal investigations (18 U.S.C. @ 1519), witness tampering (18 U.S.C. @ 1512), and
       conspiracy to violate the witness tampering statute (18 U.S.C. § 1512(k)); and
      false statement offenses (18 U.S.C. @ 1001).
The indictment also includes 18 U.S.C. § 2 in several of the counts; that provision specifies, among other
things, that whoever commits an offense against the United States or aids, abets, counsels, commands,
induces or procures its commission, is punishable as a principal.
The former President is charged in 37 of the 38 counts in the indictment, with a final false-statement
count naming the former President's associate alone. The majority of the counts against the former
President fall under the Espionage Act, 18 U.S.C. @ 793(e). This Sidebar thus focuses on that provision.
(Other CRS products provide more information on some of the other federal obstruction of justice
provisions, false statement offenses, and the conspiracy charge in the indictment.) This Sidebar also
analyzes presidential authority to declassify documents and the role of declassification for the crimes at
issue. Finally, this Sidebar discusses three developments related to the warrant and case against the former
                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                       LSB10810

CRS Legal Sidebar
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