There is enough evidence to charge former President Donald Trump with obstruction of justice, but investigators are not sure if it is wise to indict him, according to a report.
According to a report, a group of DOJ prosecutors believe that Trump could be charged with obstruction of justice based on the evidence, but they have not yet made a recommendation on whether he should be charged.
If the DOJ does bring charges against Trump, it probably wouldn't be until after the elections on November 8th.
Efforts were likely taken to obstruct the investigation into Trump taking White House documents back to Mar-A-Lago with him, as the ex-president did not turn over all classified records when subpoenaed by the government to do so.
It is up to Garland to decide whether or not to charge Trump with obstruction, as investigators are split on the matter.
An ongoing review of the documents seized at Mar-A-Lago by a third-party special master is slowing any potential charges.
There are three federal statutes that Trump is being investigated for, one of which involves obstruction, and it's not clear if he will be charged with any other crimes.
If any punishment will be given to Trump? If Trump is found guilty of obstruction, he could be sentenced to up to 20 years in jail. It is not likely that Trump would be charged with any other crimes. The DOJ has an ongoing investigation into the January 6 attack on the Capitol building and Trump's efforts to overturn the 2020 election that could result in charges.
According to Frank Figliuzzi, a former FBI assistant director for counterintelligence, obstruction of justice is a slam dunk for the president. The charge of obstruction of justice couldn't be filed by the end of the year.
The Mar-A-Lago documents were referred to the DOJ by the National Archives after it was discovered that Trump brought classified documents back with him. After Trump initially turned over 15 boxes of documents to the National Archives in January, the DOJ issued a grand jury subpoena in May demanding that he return all remaining classified documents at Mar-A-Lago. The government obtained a search warrant and searched Mar-A-Lago in August due to the fact that his attorneys only gave them a single folder with 38 documents. More than 11,000 non-classified White House documents were seized by agents during their August search.
Experts don't think he would have followed the proper procedures to declassify the documents that he brought back to Mar-A-Lago. As the three statutes he is being investigated under do not specify the documents must be classified, declassifying anything is unlikely to affect whether he will face charges.
There is evidence for obstruction charges.
Trump Mar-A-Lago investigation, what to know as ex-president goes to supreme court.
The FBI is investigating whether Trump violated three statutes.
There are documents about Trump and the Mar-a-Lago resort.