The federal grand jury that’s been hearing evidence in the Department of Justice’s investigation into former President Trump’s handling of classified documents is expected to meet again this week after a hiatus, according to NBC News sources.
The former President is already facing 34 felony counts of falsifying business records and conspiracy related to his role in hush money payments during the 2016 campaign season—a first in U.S. history. That indictment came down in New York State court.
If Special Counsel Jack Smith decides to indict Trump, it would be another historic first—charging a former President with a federal crime.
Trump has denied any wrongdoing, asserting repeatedly that he would “have the right” to keep classified material at his Florida country club residence, Mar-a-Lago, post-presidency.
However, reports surfaced last week that federal prosecutors had obtained an audio recording, from the summer of 2021, of Trump saying he held onto a classified document about a potential attack on Iran. In the recording, Trump reportedly suggests that he knew the document was secret and that he had not declassified it.
Further, Trump’s comments on the recording suggest that he would like to share the information detailed on the purported document but he’s aware of limitations of his ability post-presidency to declassify records.
The claim would undermine Trump’s assertions that he declassified all the documents in his possession while he was still President, as well as his claim of having the right to hold on to classified documents.
In November, Attorney General Merrick Garland appointed veteran career prosecutor Smith as special counsel to determine whether criminal charges ought to be brought against Trump.
In recent weeks it’s been reported that Smith is apparently focusing on whether there is enough evidence to ask the grand jury to charge Trump obstruction of justice surrounding his handling of the classified documents, including whether the former President took or directed actions to impede government efforts to collect all the sensitive records.
