- Some prosecutors believe there's enough evidence to charge Trump with obstruction in the Mar-a-Lago case, Bloomberg reported.
- The team handling the case hasn't made a formal charging recommendation to AG Garland.
Some prosecutors at the Justice Department believe there is enough evidence to charge former President Donald Trump with obstruction in connection to his handling of sensitive national security information, Bloomberg reported, citing people familiar with the matter.
But it's unclear if an indictment will ultimately be brought. According to Bloomberg, prosecutors haven't made a formal recommendation to Attorney General Merrick Garland, who would make the final decision on whether or not to bring charges.
The feds executed a search warrant at Trump's Mar-a-Lago home in Florida in August. According to the unsealed warrant and an accompanying FBI manifest of items seized in the raid, agents recovered 20 boxes from Mar-a-Lago and at least 11 sets of classified documents, including some marked top secret.
The warrant also indicated that prosecutors were looking into whether Trump violated three federal laws, one of which deals with obstruction:
- 18 USC § 793, a key facet of the Espionage Act relating to the removal of information pertaining to the US's national defense. Conviction on this count carries a maximum penalty of 10 years in prison.
- 18 USC § 2071, which bars the concealment, removal, or mutilation generally of government records. Conviction on this count carries a maximum penalty of three years and disqualification from holding public office.
- 18 USC § 1519, which prohibits the destruction, alteration, or falsification of records "with the intent to impede, obstruct, or influence the investigation or proper administration of any matter" within the jurisdiction of federal agencies or departments. Conviction on this count carries a maximum penalty of 20 years in prison.
Barbara McQuade, the former US attorney for the Eastern District of Michigan, previously told Insider that the inclusion of Section 1519 — the obstruction statute — "suggests that Trump may have tried to conceal from the government what he had."
"If so, that factor would tend to favor prosecution," she said.
In the event that Garland approves charges, an indictment wouldn't come until after the November midterms because of a longstanding DOJ policy that bars prosecutors from taking overt investigative steps within 60 days of an election.
This story is developing. Check back for updates.