As a businessman and president, Donald Trump has faced many lawsuits and criminal investigations. But he’s perhaps never confronted a probe as perilous as the Mar-a-Lago investigation.
Former President Donald Trump announces a third run for president as he speaks at Mar-a-Lago in Palm Beach, Fla., Nov. 15, 2022.
“Unlike many of these past investigations which involved these complex financial frauds where prosecutors have to explain to a jury why the conduct is even a crime to begin with, here prosecutors won’t have that difficulty, won’t have that challenge to explain what the crime is about” if charges are ultimately filed, said former Justice Department prosecutor Robert Mintz.
Last year, state prosecutors in New York indicted Trump’s business, the Trump Organization, and its longtime chief financial officer — but did not charge the former president. In September, the New York attorney general accused Trump of padding his net worth by billions of dollars and misleading banks — but those allegations were made in a lawsuit, not a criminal case.
And the appeals panel in its opinion last week rejected the idea that Trump was entitled to the return of the records seized from his home or to have an independent arbiter go through them, something it said would create a “special exception.”The records investigation had simmered for months before bursting into view with an Aug. 8 FBI search of Mar-a-Lago, with agents removing roughly 100 documents with classification markings.
Smith’s appointment by Attorney General Merrick Garland came three days after Trump declared his White House candidacy. The announcement won’t stop the investigation, though it may quicken the pace so as to avoid colliding with the heart of the 2024 presidential race.
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