Reports that Trump is about to be indicted (Trump denies being notified) (Update)

AP Photo/Charles Krupa

It sounds like something big is about to happen. The Independent has a story out today saying the DOJ is about to ask a grand jury in Washington, DC to indict former President Trump.

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The Independent has learned that prosecutors are ready to ask grand jurors to approve an indictment against Mr Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, transmitting or losing” any “information respecting the national defence”.

The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit Mr Trump’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Palm Beach, Florida property long after his term expired on 20 January 2021…

It is understood that prosecutors intend to ask grand jurors to vote on the indictment on Thursday, but that vote could be delayed as much as a week until the next meeting of the grand jury to allow for a complete presentation of evidence, or to allow investigators to gather more evidence for presentation of necessary.

The catch here is that even if Trump is indicted tomorrow or early next week, that indictment would probably remain sealed. There’s a separate grand jury in Florida that is looking at some of the same issues (the Mar-a-Lago documents) and it’s expected nothing will be announced until both grand juries have decided what they are going to do. In other words, unless there’s yet another anonymous leak we won’t know if this indictment story is true anytime soon.

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Separately, the Guardian is reporting that subpoenas have gone out for testimony before the Florida grand jury.

Federal prosecutors have subpoenaed multiple witnesses to testify before a previously unknown grand jury in Florida in the criminal investigation into Donald Trump’s handling of national security materials and obstruction of justice, according to people familiar with the matter.

The new grand jury activity at the US district court in Miami marks the latest twist in the investigation that for months has involved a grand jury that had been taking evidence in the case in Washington but has been silent since the start of last month.

Trump aide Taylor Budowich testified before the Florida grand jury on Wednesday, one of the people said.

Why two grand juries? Federal investigators are required to indict a suspect in the state or jurisdiction where the alleged crime took place. So since some of this involves what Trump did with classified documents at Mar-a-Lago, he would need to be indicted there.

The news about Taylor Budowich’s testimony is being widely reported today. Budowich himself tweeted about it this morning, calling it an effort to “get” Trump.

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The other tidbit being reported today, according to another unnamed source, is that Trump’s team has been told he is a target of the investigation, meaning action is expected soon. The Independent story includes that and John Solomon at Just the News is reporting the same thing:

Federal prosecutors have notified Donald Trump that he is a criminal target and likely to be indicted imminently in a probe into alleged classified documents – even as the Justice Department declined to delay charges to give time to investigate allegations of witness tampering submitted by the former president’s legal team, according to multiple people on Wednesday familiar with the case.

Trump himself has denied that he’s been told he’ll be indicted in a statement to Maggie Haberman.

He seems to have left a little wiggle-room with the answer to her follow-up.

So if his team was told he was a target, would that get through his specific denials? He has also since put out a statement on Truth Social in which he says he always assumed he was a target.

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Again, we may not know what happens next since it should all be sealed but clearly there are leakers leaking so if there is an indictment this week maybe we’ll hear about it the same way.

Update: Despite the denial, Politico is now also reporting that Trump has been notified.

Federal prosecutors have notified former President Donald Trump in a letter that he is the target of a criminal investigation, according to a person familiar with the matter.

That notification is the clearest signal yet that special counsel Jack Smith is on the verge of a charging decision in his probe of the former president.

Also, there are reports this afternoon that Steve Bannon has been subpoenaed.

Former Trump White House official Steve Bannon has been subpoenaed by a federal grand jury in Washington, D.C., in connection with special counsel Jack Smith’s investigation into Jan. 6 and former President Donald Trump’s efforts to stay in office, according to two sources familiar with the matter.

Lots of leaks today.

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