While I was asleep, the news broke that DOJ issued a summons to Trump to appear to be arraigned in SDFL Tuesday at 3PM.
Trump has not seen the indictment yet, but Jim Trusty says that based on the summons, there are seven crimes charged:
- 18 USC 793(e): hoarding (and possibly disseminating) stolen classified documents
- 18 USC 1512(k): conspiracy to obstruct justice
- 18 USC 1512(b)(2)(a): inducing someone to withhold testimony (possibly asking Nauta to withhold testimony, or setting Evan Corcoran up to make incorrect statements)
- 18 USC 1512(c)(1): concealing a document (possibly altering surveillance video)
- 18 USC 1519: concealing a document (probably for hiding docs from Evan Corcoran)
- 18 USC 1001(a)(1): concealing a material fact (possibly false statements to NARA and DOJ)
- 18 USC 1001(a)(2): false statement
Until we see the indictment, this is a game of telephone through lawyers who are woefully inappropriate for this kind of investigation. For example, DOJ often charges multiple counts of 18 USC 793(e), one for each stolen classified document they want to tell a story about. Here’s how DOJ did it in the case of Hal Martin:
Similarly, we know of several instances that might be charged under the inducement charge, 18 USC 1512(b)(2)(a): including at least Evan Corcoran, Alex Cannon, and Walt Nauta. Each could be charged separately.
So until we see an indictment, it will be unclear what story DOJ is telling.
Update: Corrected Trump’s summons date.