What does indicted mean? Meaning of Donald Trump’s indictment explained and if it’s different to being charged
Donald Trump has been indicted by a grand jury on charges of mishandling classified documents at his Florida estate after he left the White House.
He faces seven criminal counts in the federal case, including unauthorised retention of classified files, US media reported. It is the first time a former US president has faced federal charges.
It comes less than three months after he was charged in New York with 34 counts of falsifying business records.
What does indicted mean, and how is it different from being charged?
The terms “charged” and “indicted” are often used interchangably and are very similar, but there is a key difference.
When someone is charged it means they have been officially accused of committing a crime by police officer or prosecutor, whereas when someone is indicted, it means that a grand jury has found enough evidence to formally charge them with a crime.
Grand juries no longer exist in the UK, which is why you only tend to hear about indictments in relation to cases in the US.
The indictment is not a statement of guilt or innocence – it is a process to take a case forward and ultimately to trial. It will usually involve felony charges, which are crimes punishable by one year or more in prison.
The Touma Law Group explains: “In the indictment proceedings, the accused individual does not have the right to a lawyer during this process. As such, the accused person cannot be present during deliberations by the grand jury.
“If the grand jury finds enough evidence to support the prosecution’s case, they will issue a formal indictment. This means that the accused will now stand trial for the crime they have been charged with.
“During the indictment process, a grand jury will usually only issue a formal indictment if there is enough evidence to prove beyond a reasonable doubt that the accused is guilty. However, it is possible for a grand jury to refuse to indict, even if the prosecutor believes there is enough evidence for a conviction.”
What is a grand jury?
Before an indictment is made for felony charges, a prosecutor will present the evidence to a grand jury, which is an impartial group of citizens.
The grand jury is made up of members of the community. They decide whether or not to indict an individual for a crime.
Unlike a trial jury, which decides whether a person is guilty or innocent, the grand jury only considers whether there is sufficient evidence for someone to be charged. Proceedings are held in private and no judge is present.
Touma Law Group says: “It’s important to note that the grand jury process can be controversial as the accused individual does not have their constitutional right to a lawyer (whether a private attorney or public defender) present during this process. And they are not able to defend themselves or present evidence in their favour. This can also lead to a potential bias against the accused as they are not able to be represented during this stage of the legal process.”
Grand juries originated in England in the Middle Ages, but the UK abolished the system in 1933.
What has Donald Trump been indicted for?
Mr Trump has been charged with seven counts related to the mishandling of classified documents, sources have said. The indictment remains under seal, meaning the former president has not yet seen what it says.
His lawyer, James Trusty, said on Thursday on CNN that the indictment includes charges of wilful retention of national defence information, obstruction of justice, false statements and conspiracy.
Mr Trump announced his indictment on his social media app, Truth Social, saying the Biden administration informed his attorneys he had been indicted “seemingly over the boxes”.
He added that he had been summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3pm local time.
“I never thought it possible that such a thing could happen to a former President of the United States, who received far more votes than any sitting President in the History of our Country, and is currently leading, by far, all Candidates, both Democrat and Republican, in Polls of the 2024 Presidential Election,” he posted, adding: “I AM AN INNOCENT MAN!”
The US Justice Department has been investigating whether Mr Trump mishandled classified documents he retained after leaving the White House in 2021. The investigation has been overseen by special counsel Jack Smith.
In the US, someone who has custody of government records and “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies or destroys” them can face criminal charges which can lead to a fine or jail.
Investigators seized roughly 13,000 documents from Mr Trump’s Mar-a-Lago estate in Palm Beach, Florida, nearly a year ago. One hundred were marked as classified, even though one of Mr Trump’s lawyers had previously said all records with classified markings had been returned to the government.
Mr Trump has previously defended his retention of documents, suggesting he declassified them while president. However, he has not provided evidence of this and his attorneys have declined to make that argument in court filings.
The indictment will reportedly not deter Mr Trump from running in the 2024 presidential race, for which he is the heavy favourite to be the Republican nominee.
Within 20 minutes of posting his announcement, Mr Trump had begun fundraising off it for his campaign, issuing a fundraising email with the subject line “BREAKING: INDICTED”.
