On Thursday, June 8, Donald Trump announced via video on Truth Social that he’s been indicted in the classified documents investigation. Special Counsel Jack Smith has been investigating Trump since November 2022 for his handling of classified documents after he left office. Although every case plays out in court differently, due process requires certain steps. What information can we infer based on federal criminal practice and procedure?
Donald Trump Status: From Target to Defendant
It was widely reported that Trump received a Target Letter, officially informing him he was the Target in the federal investigation. Once there is an indictment, he becomes a defendant.
Typical for the Prosecutor to Inform Trump’s Attorneys First
Once an indictment is obtained, federal criminal procedure mandates that the defendant appear in federal court, before a US Magistrate Judge. The defendant must be arraigned and bail will be set. Given that the court appearance must be coordinated, it is typical for the federal prosecutor to promptly inform the defendant’s attorneys to schedule his appearance.
Indictment Likely Filed and Sealed
The indictment is likely filed and sealed. The federal prosecutor will file a letter with the assigned judge to unseal the indictment—we will know once we have access to the docket. If it has been filed under seal, prosecutors will write a letter to the court, which will be entered on the docket, requesting that the indictment is unsealed. This will happen either shortly before, or after, his initial appearance.
First Appearance: Bail and Arraignment
Trump is scheduled to appear before a federal court in Miami, Florida on Tuesday June 13, 2023 at 3pm ET. This is likely before the duty magistrate judge. He is going to be arraigned and his conditions of release will be set. Typically, the federal prosecutors will provide the indictment to the defendant and his attorneys prior to the hearing so that they can review it with the defendant. The defendant will typically waive the reading of his indictment and enter a “not guilty” plea.
Although every case moves through the system differently, the Federal Rules of Criminal Procedure control what moves are permitted.
Update 06/13/23
Today, June 13th 2023 at 3 PM ET, former President Donald J. Trump is set to appear before a federal court in Florida. He is currently facing charges on 37 felony counts, 31 of which concern violations of the Espionage Act, through “willful retention” of classified records
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by Ellis Palividas Esq., Criminal Defense Attorney, PA