NEW YORK — For 40 years, former President Donald Trump has navigated countless legal investigations without ever facing criminal charges. That record may soon come to an end.
Trump could be indicted by a Manhattan grand jury as soon as this week, potentially charged with falsifying business records connected to hush money payments during his 2016 campaign to women who accused him of sexual encounters.
Bryan Woolston
A police officer places a barricade in front of Trump Tower, on Tuesday in New York. (AP Photo/Bryan Woolston)
It’s one of several investigations that have intensified as Trump mounts his third presidential run. He has denied any allegations of wrongdoing and accuses prosecutors of engaging in a politically motivated “witch hunt” to damage his campaign.
An indictment in New York would mark an extraordinary turn in American history, making Trump the first former president to face a criminal charge. And it would carry tremendous weight for Trump himself, threatening his long-established ability to avoid consequences despite entanglement in a dizzying number of cases.
Indictment, says biographer Michael D’Antonio, would be a “shocking event, both because of the fact that a former president is being indicted for the first time, but also because one of the slipperiest people at the highest level of business, whose devotion to abusing the system is so well established, is being caught.”
“Throughout his life, he has done things for which he could have been investigated and potentially prosecuted and learned from those experiences that he could act with impunity,” he said.
Trump first faced legal scrutiny in the 1970s when the Department of Justice brought a racial discrimination case against his family’s real estate business.
Sue Ogrocki, Associated Press
Former President Donald J. Trump watches the NCAA Wrestling Championships, Saturday in Tulsa, Okla.Â
Trump and his father fiercely fought the suit, which accused them of refusing to rent apartments to black tenants in predominantly white buildings. Testimony showed that applications filed by prospective black tenants were marked with a “C” for “colored.” Trump counter-sued for $100 million, accusing the government of defamation.
The case ended with a settlement that opened the way for some black tenants but did not force the Trumps to explicitly acknowledge they had “failed and neglected” to comply with the Fair Housing Act.
Since then, Trump and his businesses have been the subject of thousands of civil lawsuits and numerous investigations. There have been probes into his casino and real estate dealings, allegations of bribery and improper lobbying, fraud allegations against the now-defunct Trump University and charitable Trump Foundation and a probe by the Manhattan district attorney into sales at the Trump SoHo hotel-condominium in Lower Manhattan.
Indeed, according Citizens for Responsibility and Ethics in Washington, a government watchdog group abbreviated CREW, as of November 2022, Trump had been accused of committing at least 56 criminal offenses since he launched his campaign in 2015, not including allegations of fraudulent business dealings. But he has never been formally indicted.
Trump is a master of delay tactics, “finding ways to endlessly delay in the hopes that the investigation and litigation will go away. And he’s had remarkable success,” says CREW president Noah Bookbinder, a former federal corruption prosecutor.
“It makes accountability absolutely essential because we can’t have people in a functioning democracy operating in positions of power with total impunity where they can commit crimes and never have to face any consequences,” he said.
Trump’s retort to such strong talk: He commits no crimes, so consequences would themselves be unjust.
As president, Trump continued to face legal scrutiny. For two years, the Justice Department investigated his 2016 campaign’s ties to Russia. While special counsel Robert Mueller never found direct evidence of collusion, his final report did lay out evidence for obstruction. He noted that, because of a department opinion that bars indicting a sitting president, he couldn’t recommend Trump be criminally charged, even in secret.
Since Trump left office, the investigations have circled ever closer.
In January, his namesake company was fined $1.6 million for tax crimes, including conspiracy and falsifying business records. The company’s longtime executive, Allen Weisselberg, is currently serving jail time as punishment for dodging taxes on job perks.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
Then-President Donald Trump left the White House for Florida ahead of President-elect Joe Biden's inauguration. According to the General Services Administration, members of Trump's transition team were responsible for packing items into boxes, putting boxes on pallets and shrink-wrapping those pallets so they could be transported.
Prior to shipping, GSA said it "required the outgoing transition team to certify in writing that the items being shipped were required to wind down the Office of the Former President and would be utilized as the Office transitioned to its new location in Florida."
GSA did not examine the contents of the boxes and "had no knowledge of the contents prior to shipping," according to an agency spokesperson. GSA was also not responsible for the former president's personal belongings, which were transported by a private moving company.
Under the Presidential Records Act, presidential records are considered federal property — not private — and are supposed to be turned over to the National Archives and Records Administration. Multiple federal laws govern the handling of classified and sensitive government documents, including statutes that make it a crime to remove such material and retain it at an unauthorized location.
AP file
Then-President Donald Trump left the White House for Florida ahead of President-elect Joe Biden's inauguration. According to the General Services Administration, members of Trump's transition team were responsible for packing items into boxes, putting boxes on pallets and shrink-wrapping those pallets so they could be transported.
Prior to shipping, GSA said it "required the outgoing transition team to certify in writing that the items being shipped were required to wind down the Office of the Former President and would be utilized as the Office transitioned to its new location in Florida."
GSA did not examine the contents of the boxes and "had no knowledge of the contents prior to shipping," according to an agency spokesperson. GSA was also not responsible for the former president's personal belongings, which were transported by a private moving company.
Under the Presidential Records Act, presidential records are considered federal property — not private — and are supposed to be turned over to the National Archives and Records Administration. Multiple federal laws govern the handling of classified and sensitive government documents, including statutes that make it a crime to remove such material and retain it at an unauthorized location.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
After NARA realized that documents from Trump's presidency seemed to be missing from the material that it received as he left office, the agency requested the records from Trump on or about May 6, 2021, according to a heavily redacted affidavit made public Aug. 26, 2022.
AP file
After NARA realized that documents from Trump's presidency seemed to be missing from the material that it received as he left office, the agency requested the records from Trump on or about May 6, 2021, according to a heavily redacted affidavit made public Aug. 26, 2022.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
The special agent in charge of NARA's Office of the Inspector General sent a referral to the Justice Department via email after a preliminary review of the boxes revealed numerous classified documents.
"Of most significant concern," they wrote, according to a heavily-redacted affidavit released last week, "was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly (sic) identified."
After an initial review of the NARA referral, the FBI opened a criminal investigation into the matter.
AP file
The special agent in charge of NARA's Office of the Inspector General sent a referral to the Justice Department via email after a preliminary review of the boxes revealed numerous classified documents.
"Of most significant concern," they wrote, according to a heavily-redacted affidavit released last week, "was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly (sic) identified."
After an initial review of the NARA referral, the FBI opened a criminal investigation into the matter.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
Trump's Save America PAC released a statement insisting the return of the documents had been as "routine" and "no big deal."
Trump insisted the "papers were given easily and without conflict and on a very friendly basis," and added, "It was a great honor to work with NARA to help formally preserve the Trump Legacy."
AP file
Trump's Save America PAC released a statement insisting the return of the documents had been as "routine" and "no big deal."
Trump insisted the "papers were given easily and without conflict and on a very friendly basis," and added, "It was a great honor to work with NARA to help formally preserve the Trump Legacy."
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Empty folders marked classified among items found in FBI search of Trump home
AP file
The Justice Department sent a letter to Trump's lawyers seeking immediate access to the material, citing "important national security interest."
"Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps," the department wrote.
Trump's lawyers requested an additional extension.
AP file
The Justice Department sent a letter to Trump's lawyers seeking immediate access to the material, citing "important national security interest."
"Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps," the department wrote.
Trump's lawyers requested an additional extension.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
Three FBI agents and a DOJ attorney went to Mar-a-Lago to collect additional material offered by a Trump attorney in response to the subpoena. They were given "a single Redweld envelope, double-wrapped in tape, containing the documents," according to an Aug. 30 filing.
That envelope, it was later found, contained 38 documents with classification markings, including five documents marked confidential, 16 marked secret and 17 marked top secret.
During the visit, the filing said, "Counsel for the former President offered no explanation as to why boxes of government records, including 38 documents with classification markings, remained at the Premises nearly five months after the production of the Fifteen Boxes and nearly one-and-a-half years after the end of the Administration."
Trump's lawyers also told investigators that all of the records that had come from the White House were stored in one location — a Mar-a-Lago storage room. Investigators were permitted to visit the room, but were "explicitly prohibited" from opening or looking inside any of the boxes, they reported, "giving no opportunity for the government to confirm that no documents with classification markings remained."
The Justice Department was also given a signed certification letter stating that a "diligent search" had been completed and that no documents remained.
AP file
Three FBI agents and a DOJ attorney went to Mar-a-Lago to collect additional material offered by a Trump attorney in response to the subpoena. They were given "a single Redweld envelope, double-wrapped in tape, containing the documents," according to an Aug. 30 filing.
That envelope, it was later found, contained 38 documents with classification markings, including five documents marked confidential, 16 marked secret and 17 marked top secret.
During the visit, the filing said, "Counsel for the former President offered no explanation as to why boxes of government records, including 38 documents with classification markings, remained at the Premises nearly five months after the production of the Fifteen Boxes and nearly one-and-a-half years after the end of the Administration."
Trump's lawyers also told investigators that all of the records that had come from the White House were stored in one location — a Mar-a-Lago storage room. Investigators were permitted to visit the room, but were "explicitly prohibited" from opening or looking inside any of the boxes, they reported, "giving no opportunity for the government to confirm that no documents with classification markings remained."
The Justice Department was also given a signed certification letter stating that a "diligent search" had been completed and that no documents remained.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
The Justice Department filed an application for a search and seizure warrant of Mar-a-Lago, citing "probable cause" that additional presidential records and records containing classified information remained in various parts of the club.
"There is also probable cause to believe that evidence of obstruction" would be found, read the heavily-redacted copy of the affidavit laying out the FBI's rationale for the search.
The Justice Department also revealed in the Aug. 30 filing that it had found evidence "that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government's investigation."
U.S. Magistrate Judge Bruce Reinhart in South Florida approved the application that same day.
AP file
The Justice Department filed an application for a search and seizure warrant of Mar-a-Lago, citing "probable cause" that additional presidential records and records containing classified information remained in various parts of the club.
"There is also probable cause to believe that evidence of obstruction" would be found, read the heavily-redacted copy of the affidavit laying out the FBI's rationale for the search.
The Justice Department also revealed in the Aug. 30 filing that it had found evidence "that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government's investigation."
U.S. Magistrate Judge Bruce Reinhart in South Florida approved the application that same day.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
The FBI executed the search at Mar-a-Lago, seizing 36 items of evidence, including boxes and containers holding more than 100 classified records, an order pardoning Trump ally Roger Stone and information about the "President of France."
Agents found classified documents both in the storage room as well as in the former president's office — including three classified documents found not in boxes, but in office desks.
They included items so sensitive that, "In some instances, even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents."
"That the FBI, in a matter of hours, recovered twice as many documents with classification markings as the 'diligent search' that the former President's counsel and other representatives had weeks to perform calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter," the Justice Department wrote.
Trump and his allies, meanwhile, cast the search as a weaponization of the criminal justice system aimed at damaging him politically as he prepares for another potential White House run.
AP file
The FBI executed the search at Mar-a-Lago, seizing 36 items of evidence, including boxes and containers holding more than 100 classified records, an order pardoning Trump ally Roger Stone and information about the "President of France."
Agents found classified documents both in the storage room as well as in the former president's office — including three classified documents found not in boxes, but in office desks.
They included items so sensitive that, "In some instances, even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents."
"That the FBI, in a matter of hours, recovered twice as many documents with classification markings as the 'diligent search' that the former President's counsel and other representatives had weeks to perform calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter," the Justice Department wrote.
Trump and his allies, meanwhile, cast the search as a weaponization of the criminal justice system aimed at damaging him politically as he prepares for another potential White House run.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
Judge Reinhart unsealed the warrant that authorized the FBI to search Mar-a-Lago, which details that federal agents were investigating potential violations of three federal laws, including the Espionage Act.
AP file
Judge Reinhart unsealed the warrant that authorized the FBI to search Mar-a-Lago, which details that federal agents were investigating potential violations of three federal laws, including the Espionage Act.
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Empty folders marked classified among items found in FBI search of Trump home
AP file
A highly redacted version of the affidavit laying out the FBI's rationale for searching Mar-a-Lago was released.
AP file
A highly redacted version of the affidavit laying out the FBI's rationale for searching Mar-a-Lago was released.
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Empty folders marked classified among items found in FBI search of Trump home
Department of Justice via AP
The Justice Department responded to Trump's request for a special master in a filing that included new details about the investigation, including an assertion that classified documents were "likely concealed and removed" from a storage room at Mar-a-Lago as part of an effort to obstruct the probe.
It included a photograph of some the material found at the club, including cover pages of paperclip-bound documents — some marked as "TOP SECRET//SCI" with bright yellow borders and one marked as "SECRET//SCI" with a rust-colored border — splayed out on a carpet at Mar-a-Lago.
"Terrible the way the FBI, during the Raid of Mar-a-Lago, threw documents haphazardly all over the floor (perhaps pretending it was me that did it!), and then started taking pictures of them for the public to see," Trump responded. "Thought they wanted them kept Secret?"
Department of Justice via AP
The Justice Department responded to Trump's request for a special master in a filing that included new details about the investigation, including an assertion that classified documents were "likely concealed and removed" from a storage room at Mar-a-Lago as part of an effort to obstruct the probe.
It included a photograph of some the material found at the club, including cover pages of paperclip-bound documents — some marked as "TOP SECRET//SCI" with bright yellow borders and one marked as "SECRET//SCI" with a rust-colored border — splayed out on a carpet at Mar-a-Lago.
"Terrible the way the FBI, during the Raid of Mar-a-Lago, threw documents haphazardly all over the floor (perhaps pretending it was me that did it!), and then started taking pictures of them for the public to see," Trump responded. "Thought they wanted them kept Secret?"
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Donald Trump’s call for protests gets muted reaction by supporters
Canva
The overclassification of government documents has been a hotly debated issue since the 1980s. In 2004, Congress held a hearing titled "Too Many Secrets: Overclassification as a barrier to critical information sharing," which advocated for more conscientious practices to determine what information should be protected at different levels.
At the federal level, there are three levels of classification: "Top Secret," "Secret," and "Confidential." "Top Secret" is the highest level of classification and constitutes information that would be expected to cause "exceptionally grave damage" to U.S. national security. The potential damage of leaked information is supposed to decrease as documents are classified as "Secret" or "Confidential," respectively.
Most recently, the problem of document overclassification has been brought to the forefront by investigations into a number of document scandals centered around former president Donald Trump, former vice president Mike Pence, and President Joe Biden. A variety of people, including a former special counsel, have spoken out against the overclassification of documents amidst the discovery of classified documents at each of the leaders' respective residences, primarily because of the seemingly accidental nature of both Pence and Biden's situations (and despite the more fraught circumstances concerning Trump). The situation has reached a point where the National Archives has requested all former presidents and vice presidents check their homes and personal records for potentially classified documents.
In light of these discussions, Stacker investigated the nature of the Trump, Biden, and Pence classified document scandals using a variety of news and government sources. Keep reading to see what these scandals have in common and how they differ.
Canva
The overclassification of government documents has been a hotly debated issue since the 1980s. In 2004, Congress held a hearing titled "Too Many Secrets: Overclassification as a barrier to critical information sharing," which advocated for more conscientious practices to determine what information should be protected at different levels.
At the federal level, there are three levels of classification: "Top Secret," "Secret," and "Confidential." "Top Secret" is the highest level of classification and constitutes information that would be expected to cause "exceptionally grave damage" to U.S. national security. The potential damage of leaked information is supposed to decrease as documents are classified as "Secret" or "Confidential," respectively.
Most recently, the problem of document overclassification has been brought to the forefront by investigations into a number of document scandals centered around former president Donald Trump, former vice president Mike Pence, and President Joe Biden. A variety of people, including a former special counsel, have spoken out against the overclassification of documents amidst the discovery of classified documents at each of the leaders' respective residences, primarily because of the seemingly accidental nature of both Pence and Biden's situations (and despite the more fraught circumstances concerning Trump). The situation has reached a point where the National Archives has requested all former presidents and vice presidents check their homes and personal records for potentially classified documents.
In light of these discussions, Stacker investigated the nature of the Trump, Biden, and Pence classified document scandals using a variety of news and government sources. Keep reading to see what these scandals have in common and how they differ.
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Donald Trump’s call for protests gets muted reaction by supporters
Joe Raedle // Getty Images
Each of these scandals has been spread out during the course of 2022 and early 2023. In January 2022, after Trump had left office, more than 11,000 documents were found at his properties at Mar-a-Lago. At least 300 of those documents have been identified as classified in some way. The documents include a wide variety of information but reportedly contain intelligence about both military and nuclear issues.
In sharp contrast, both Biden and Pence were found in possession of a dozen or fewer classified documents. The documents found at Biden's home in Delaware and other official offices outside of the White House were discovered in November 2022 and their contents are currently under investigation. Similarly, Pence was found to have classified documents at his home in January 2023 and the information contained in them is still being identified.
Joe Raedle // Getty Images
Each of these scandals has been spread out during the course of 2022 and early 2023. In January 2022, after Trump had left office, more than 11,000 documents were found at his properties at Mar-a-Lago. At least 300 of those documents have been identified as classified in some way. The documents include a wide variety of information but reportedly contain intelligence about both military and nuclear issues.
In sharp contrast, both Biden and Pence were found in possession of a dozen or fewer classified documents. The documents found at Biden's home in Delaware and other official offices outside of the White House were discovered in November 2022 and their contents are currently under investigation. Similarly, Pence was found to have classified documents at his home in January 2023 and the information contained in them is still being identified.
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Donald Trump’s call for protests gets muted reaction by supporters
Mandel Ngan - AFP via Getty Images
In Trump's case, the classified documents at Mar-a-Lago were only discovered because the National Archives identified vast swaths of missing documents from its files. After realizing this, the Archives reached out to Trump and his team to recoup the documents and asked for their safe return to Washington, D.C. Trump refused this course of action, causing an active effort to regain the documents without the former president's compliance.
Both Biden and Pence's documents were discovered by members of their respective staffs. Those staff members brought the classified documents forward and almost immediately went public with the information. All involved parties have willingly complied with investigations into what the documents contain and how they came to be at an unauthorized location.
Mandel Ngan - AFP via Getty Images
In Trump's case, the classified documents at Mar-a-Lago were only discovered because the National Archives identified vast swaths of missing documents from its files. After realizing this, the Archives reached out to Trump and his team to recoup the documents and asked for their safe return to Washington, D.C. Trump refused this course of action, causing an active effort to regain the documents without the former president's compliance.
Both Biden and Pence's documents were discovered by members of their respective staffs. Those staff members brought the classified documents forward and almost immediately went public with the information. All involved parties have willingly complied with investigations into what the documents contain and how they came to be at an unauthorized location.
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Donald Trump’s call for protests gets muted reaction by supporters
Chip Modevilla // Getty
All three of these cases are actively being investigated by the Department of Justice and the Federal Bureau of Investigation. Trump is liable to incur a number of charges based on his document scandal, including possible obstruction for delaying the return of the documents to the National Archives. He may also face charges for the purposeful mishandling of government secrets. Given the information known about Pence and Biden's situations, it is unlikely that either of them will face charges, as legal action typically requires willful intent in these cases, and both Pence and Biden seemed to have accidentally brought classified documents to unauthorized locations.
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Chip Modevilla // Getty
All three of these cases are actively being investigated by the Department of Justice and the Federal Bureau of Investigation. Trump is liable to incur a number of charges based on his document scandal, including possible obstruction for delaying the return of the documents to the National Archives. He may also face charges for the purposeful mishandling of government secrets. Given the information known about Pence and Biden's situations, it is unlikely that either of them will face charges, as legal action typically requires willful intent in these cases, and both Pence and Biden seemed to have accidentally brought classified documents to unauthorized locations.
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Additional cases are still being pursued. In Georgia, Fulton County District Attorney Fani Willis has been investigating whether Trump and his allies illegally meddled in the 2020 election. The foreperson of a special grand jury, which heard from dozens of witnesses. said last month that the panel had recommended that numerous people be indicted, and hinted Trump could be among them. It is ultimately up to Willis to decide whether to move forward.
In Washington, Trump is under scrutiny from special counsel Jack Smith for his handling — allegations say mishandling — of classified documents after leaving office, as well as for his much-publicized efforts to stay in power, despite his 2020 election loss. Justice Department lawyers in the documents probe have said they have amassed evidence of potential crimes involving Trump’s retention of national defense information as well as potential efforts to obstruct their work.
Some legal experts have questioned the wisdom of having the Manhattan case be the first brought against Trump, when more serious charges could be looming. Trump is expected to be charged with falsifying business records, a misdemeanor unless prosecutors can prove it was done to conceal another crime. And the case dates back years.
“Clearly it’s not the cleanest criminal case that could be brought of all of them that are existing right now,” said Michael Weinstein, an attorney and former Justice Department prosecutor, who said Trump would likely use its potential weaknesses to his political advantage.
“By this case coming first, it gives him a opening to go on offense and attack, which for him is the only way he knows,” Weinstein said.
