“Indictment 2.0”: Experts say Smith may be preparing new Trump charges as grand jury probe resumes

Report says prosecutors may be readying an “additional 30 to 45 charges” based on non-public evidence

By Igor Derysh

Managing Editor

Published June 30, 2023 8:58AM (EDT)

Donald Trump with the Department of Justice in the background (Photo illustration by Salon/Getty Images)
Donald Trump with the Department of Justice in the background (Photo illustration by Salon/Getty Images)

The Florida grand jury that indicted former President Donald Trump for his handling of classified documents is still investigating aspects of the case and issued subpoenas to multiple people in recent days, according to The New York Times and CNN.

The grand jury issued subpoenas to a "handful" of people but it's unclear who received them, according to the Times, which noted that "post-indictment investigations can result in additional charges against people who have already been accused of crimes in the case" as well as charges against new defendants.

The indictment against Trump and his co-defendant Walt Nauta "left out several threads investigators pursued as recently as May," according to CNN, including possible gaps in surveillance footage and the handling of classified documents at Trump's Bedminster, N.J. golf club, where he was recorded discussing a classified document he admitted he did not declassify.

Prosecutors may be preparing to seek indictments against multiple people in Trump's orbit and may bring additional charges against the president in coming weeks, according to a report from The Independent's Andrew Feinberg.

Sources familiar with the matter told the outlet that the Justice Department is preparing to bring a "superseding indictment" with a second set of charges that "could include more serious crimes."

The report noted that prosecutors may also choose to bring additional charges in a different venue than the Southern District of Florida. Prosecutors' decision would depend on whether they feel Trump-appointed Judge Aileen Cannon, who is handling the case, is "giving undue deference" to the former president, according to Feinberg.


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The superseding indictment may include an "additional 30 to 45 charges," according to the report, based on evidence against Trump "that has not yet been publicly acknowledged by the department, including other recordings prosecutors have obtained which reveal Mr. Trump making incriminating statements."

Smith's team is also ready to bring charges against several of Trump's attorneys, including former New York City Mayor Rudy Giuliani. Giuliani met with prosecutors for a proffer deal session that could allow him to avoid potential charges in exchange for information.

A Giuliani spokesperson told The Independent that the meeting "was entirely voluntary and conducted in a professional manner" but declined to elaborate further.

Trump pleaded not guilty to the DOJ charges earlier this month and has denied any wrongdoing.

The grand jury issuing new subpoenas "tells me they're looking at either additional people or additional charges," former federal prosecutor Elie Honig told CNN on Thursday, suggesting that prosecutors could bring "indictment 2.0."

"A superseding indictment adding additional charges and potentially additional defendants is pretty common in a complex case as the investigation continues and collects more evidence," former federal prosecutor Noah Bookbinder, the head of Citizens for Responsibility and Ethics in Washington, wrote on Twitter. "That one is reportedly likely for Donald Trump is ominous for him though."

National security attorney Bradley Moss highlighted the new reports on Twitter, writing, "just remember, it's always darkest just before it goes pitch black."


By Igor Derysh

Igor Derysh is Salon's managing editor. His work has also appeared in the Los Angeles Times, Chicago Tribune, Boston Herald and Baltimore Sun.

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Aggregate Donald Trump Jack Smith Mar-a-lago Politics