The Summons

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By Anthony ZurcherNorth America correspondent

Former US President Donald Trump is facing criminal charges over his handling of classified documents after he left the White House.

The Details of the charges related to files found at his Mar-a-Lago home in August 2022 have not been released.

But Mr Trump's attorney, Jim Trusty, confirmed seven counts, including an espionage charge and several obstruction and false statement charges. He described them as " ludicrous".

We will find out more when Mr Trump appears in a Miami court on Tuesday, But here is what we know So Far .

He will be charged under the Espionage Act

Mr Trump will be charged with wilful retention of national defence information, according to his lawyer.

While espionage has sinister connotations of spying and skulduggery, it is the kind of charge that has also been used in The Past to prosecute individuals who have been criminally careless with important government documents.

Mr Trump has repeatedly said he " declassified" documents before bringing them home. But Bradley Moss, a National Security lawyer, says that argument won't hold up against the Espionage Act, which does not actually refer to classifications such as " Top Secret".

Instead, the government must prove that The Information was a matter of national defence. Mr Moss says the government has always succeeded in doing so in similar cases.

Prosecutors must prove Trump acted wilfully

The biggest challenge facing prosecutors is whether they can prove Mr Trump knowingly and intentionally violated The Law , according to David Super, a professor at Georgetown University Law Center.

He Said Mr Trump's defence team was likely to argue the former president was just a " really bad file clerk".

" Wilful retention is not accidental, negligent, or reckless, " according to the Journal of National Security Law and Policy. " Rather, a defendant only retains NDI wilfully if he or she knows he or she possesses it and knows that such possession is prohibited due to the nature of The Information . "

There were reports last week that prosecutors had obtained an audio recording of Mr Trump in which he acknowledged keeping a document detailing US invasion plans for Iran But could not share it because it was classified.

If true, Professor Super says, that could be evidence that Mr Trump understood exactly how declassification works, " and that the document that he apparently was gesturing towards was still classified".

Trump is accused of obstructing justice

In an interview with CNN on Thursday evening, Mr Trump's lawyer said The Summons they had received from federal prosecutors included several other charges linked to The Initial Espionage Act count.

Mr Trusty said there were " several obstruction-based type charges And Then false statement charges". He described all of The Counts as " kind of a crazy stretch".

Experts say these charges would be built around the allegation that the former president did not fully co-operate with a federal subpoena instructing him to turn over all the classified Material in his possession.

Mr Trump's aides provided the government with Boxes containing 222 classified documents Last Year . When The Fbi executed a search warrant of Mar-a-Lago in August, however, agents discovered an additional 103 classified documents, including 18 marked " Top Secret".

There have also been reports that prosecutors have sought surveillance tapes from Mr Trump's Florida home, which could contain video evidence of documents - or Boxes - being moved or accessed.

Someone Else was involved, say prosecutors

On Thursday evening, Mr Trusty, one member of the extensive Trump legal team, confirmed that the multiple counts brought by prosecutors included a conspiracy charge. He provided No Other details.

The special counsel investigation has included a Focus On Mr Trump's lawyers, some of whom signed off on documents that said the former president had provided all the subpoenaed classified Material - a claim that ended up not being accurate given the discoveries during the Mar-a-Lago search.

The accounts of aides and lawyers for the former president could be cited as evidence against Mr Trump. Their testimony could include whether they told Mr Trump that he had to return subpoenaed documents or advised Mr Trump not to issue what they might have viewed as misleading statements.

It could also raise the possibility that one of the indicted individuals might, when confronted with the prospect of fines or prison, feel motivated to co-operate with prosecutors, strengthening the case against the former president.

If convicted, Trump could go to prison

The criminal penalties Mr Trump would face depend on the exact nature of the charges brought against him.

An obstruction of justice charge includes fines and a recommended sentence of " not More Than 20 years" - But usually much less. Espionage Act violations result in fines and prison for up to 10 Years .

Nothing in federal law or The Constitution would prevent Mr Trump from continuing to campaign for president if he is indicted on federal charges. His campaign has continued unabated after he was indicted in a different case by a New York City prosecutor in April.

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Source of news: bbc.com