As the official court case opens against former US president Donald Trump in Florida today (Tuesday, 8pm GMT) following his indictment charges, many are still left with questions about what is set to take place
The 76-year-old’s alleged retention of more than 300 documents with classified markings found on his Mar-a-Lago estate is at the centre of the charges, as well as accusations that he attempted to impede authorities from retrieving them, reports The Daily Express US.
Last year, the federal government said the materials were related to national security, with some materials labeled “top secret” that and were seized in an FBI raid months after Trump’s lawyers turned over 15 initial boxes of documents.
A second indictment filed last week comes two months after Trump was also charged in for allegedly falsifying business records in connection with a “hush money” payment to an adult film star.
READ MORE: Police prepare for 50,000 protesters ahead of Trump indictment case court appearance
Former President Trump Is Arraigned On Federal Espionage Charges (Image: Getty)
Both probes are expected differ in many respects with the New York case potentially carrying far more severe legal risks for Trump.
Here’s what to expect in the coming days.
What happens next in Trump’s indictment case?
In a statement on Thursday once again Trump said publicly that he is innocent ahead of scheduled appearance at a downtown Miami courthouse on Tuesday.
To kick the case off prosecutors will begin lay out evidence to Trump’s defence lawyers.
It’s expected to outline years of correspondence between Trump’s lawyers, the US National Archives and Records Administration and federal prosecutors.
Trump’s lawyers are then expected to file a motion to dismiss the case for a variety of reasons, including his claim that he declassified the documents before he took them.
His defence is also likely to argue that the case be dismissed completely because of alleged misconduct by prosecutors, which is said to include alleged violations of a legal doctrine that permits people to keep communications with their legal team private.
While motions to discount charges in criminal cases are standard, they rarely succeed because defendants face a tough challenge when convincing a judge that their case is too flawed to even go before a jury.
Trump maintained his innocence (Image: Getty)
What crimes is Trump being charged with?
The indictment is said to contain seven criminal counts. One of Trump’s attorneys, Jim Trusty, said in television interviews on Thursday night that he had seen a summons document from prosecutors that summarised the laws Trump is being charged under.
Those laws include:
A provision of the Espionage Act that prohibits the retention of classified materials.
A statute that prohibits the obstruction of an official proceeding.
A statute that prohibits falsifying or destroying records pertinent to a federal investigation.
Statutes prohibiting false statements are a conspiracy.
Protests are set to take place outside of the Miami court (Image: Getty)
What impact will the case have on Trump’s 2024 election campaign?
The case will not prohibit Trump from from campaigning or even taking office if he is convicted of any of the charges filed against him.
There’s still hasn’t been much clarity on the impact the case will have on Trump’s standing with voters yet. In fact, his numbers rose after he was indicted in a separate case in New York in April, and remains the front-runner as the Republican nomination.
So far he has used the cases and investigations to fuel his fundraising efforts, rallying supporters on the premise that he is under attack and needs support.
Trump’s campaign officials said in April that donations surged after he was indicted in New York.
Federal court rules don’t allow photography or video broadcasting of criminal cases (Image: Getty)
When will the case go to trial?
Any potential trial could be many months away.
Trump, who has denied wrongdoing and calls the case a politically motivated “witch hunt,” has a right to face trial within 100 days, but that rarely happens in complex cases. The parties will likely agree to extend deadlines as they pore over evidence and argue legal disputes before a judge.
Will Trump testify?
There has yet to be confirmation on whether or not Criminal defendants are not required to testify and rarely do because subjecting themselves to cross-examination by prosecutors is risky.
A testimony is unlikely though as Trump did not testify at a recent civil trial over sex abuse and defamation claims brought against him by writer E. Jean Carroll.
A jury found Trump liable in that case in May.
Could Trump go to prison if convicted?
Yes. Convictions for violating the Espionage Act almost always lead to prison time. Likewise for obstruction of justice. If Trump were convicted only of a false statement charge, he might have a better chance to avoid prison.
Convictions for violating the Espionage Act almost always lead to prison time (Image: Getty)
Trump’s campaign officials said in April that donations surged after he was indicted (Image: Getty)
Will any hearings or trials for Trump be televised?
A televised trial is certainly not going to be prompted.
Current federal court rules don’t allow photography or video broadcasting of criminal cases, although possible audio of some hearings might be available via phone, but the legal authority to allow that sort of remote public access is unclear now that the coronavirus public health emergency has ended.
