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As president, Trump could potentially try to pardon himself, a legal move that would be controversial and unprecedented. Legal experts say there would be no basis to block his swearing-in even if he were convicted and sent to prison. The case does not bar Trump from campaigning or taking office if he were to win the election in November 2024. Xavier Presley protests in front of the federal courthouse where former President Donald Trump may appear in Miami, Florida.

Since he would serve any sentences concurrently if convicted, the maximum prison time he would face is 20 years for obstruction of justice, a charge carrying the highest penalty. Trump is due to make a first appearance in the case in a Miami court on Tuesday, a day before his 77th birthday. US District Judge Aileen Cannon, a Trump appointee, has been initially assigned to oversee the case. It states that Trump asked one of his lawyers: “Wouldn’t it be better if we just told them we don’t have anything here?” It also alleges that Trump discussed with lawyers the possibility of lying to government officials seeking to recover the documents and moved others around Mar-a-Lago estate to prevent them being found. The indictment includes photos showing boxes of classified documents stacked on a ballroom stage, around a toilet in a club bathroom and in a storage room, where some of the contents, including a secret intelligence document, spilled on the floor. Mar-a-Lago hosted tens of thousands of guests at more than 150 events during the time they were there, the indictment alleges. He kept the documents at his Mar-a-Lago estate in Florida and his golf club in New Jersey. The 49-page indictment unsealed by special counsel Jack Smith puts Trump in his gravest legal peril yet.

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Republican Congressman Clay Higgins of Louisiana used what appeared to be military code words when he wrote on Twitter: “Buckle up. “We have now reached a war phase,” tweeted Andy Biggs, a Republican from Arizona who sits on the House of Representatives’ judiciary committee. 01:44 Miami police prepared for Trump arraignment – video

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