“Fasten your seat belts”: Experts on Trump “indictment watch” as Jack Smith grand jury reconvenes

"I think he's toast," predicted former Watergate prosecutor Jill Wine-Banks

By Igor Derysh

Managing Editor

Published June 5, 2023 9:02AM (EDT)

Donald Trump and Jack Smith (Photo illustration by Salon/Getty Images)
Donald Trump and Jack Smith (Photo illustration by Salon/Getty Images)

Reports that the federal grand jury hearing evidence in special counsel Jack Smith's investigation of former President Donald Trump's handling of classified documents will reconvene this week sparked speculation that Trump may soon be indicted.

The grand jury's activity has "slowed" in recent weeks after months of evidence and witness testimony but the panel is set to reconvene this coming week, according to NBC News.

It's unclear whether prosecutors will seek an indictment at this point, according to the report. Trump would be the first former president charged with a federal crime if he is indicted. He already became the first former president charged with a state crime related to his hush-money case in New York.

Trump's legal team could meet with Justice Department officials this week in connection to the classified documents case as well, according to CBS News, which is often the last move before an indictment.

"The obvious inference-not the only one but the most obvious— is they're reconvening to vote out an indictment. Fasten your seat belts," tweeted former U.S. Attorney Harry Litman.

"What can we expect?" tweeted CNN legal analyst Norm Eisen. "Charges! (If not this week, soon)."

But former federal prosecutor Renato Mariotti cautioned that the report "doesn't tell us much about the timing of a potential indictment."

"The grand jury could be considering a proposed indictment, but prosecutors could just be presenting evidence to the grand jury," he wrote.

Trump on Truth Social fumed over reports, repeating his false claim that the FBI spied on his campaign and accusing President Joe Biden of mishandling documents, even though Biden's were immediately turned over when they were found while Trump did not comply with a grand jury subpoena, leading to a court-authorized FBI raid on his residence. Biden's handling of documents remains under investigation by the DOJ, though it dropped a similar probe last week into former Vice President Mike Pence's handling of documents.

The news comes after reports that prosecutors obtained a recording of Trump admitting he had a classified document about Iran that he was not allowed to show to others and damaging notes from his attorney that were turned over after a judge sided with prosecutors' argument that Trump likely used his services in furtherance of a crime.

"The case is so strong. You cannot imagine his getting away with this," former Watergate prosecutor Jill Wine-Banks told MSNBC on Sunday. "I'm wearing a toast pin today because I think he's toast."

Wine-Banks predicted that the grand jury already heard the recording.

"There's nothing as compelling as hearing a defendant in a criminal case say words that show his criminality," she said. "And these words certainly show that he knew that he hadn't declassified documents that he still retained."

Despite multiple criminal investigations, Trump remains the frontrunner for the 2024 Republican presidential nomination.

"It looks like the Republicans will likely nominate someone who is under serious criminal investigation, is indicted, and who knows where that's going to lead us," former FBI Director Jim Comey told MSNBC on Sunday.


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"I mean, it's this crazy world that Donald Trump has dragged this country into, but he could be wearing an ankle bracelet while accepting the nomination at the Republican convention," Comey said. "You would be rejected if you put it in a script for a show, but you could have a president who is potentially incarcerated when he is elected president."

Any potential trial would likely be delayed by motions and continuances until peak primary season.

"The timing scares me a little bit," former prosecutor Glenn Kirschner told MSNBC.

"What keeps me up at night is the case is still pending against Donald Trump and hasn't gone to trial; Donald wins the White House and now, what?" he said. "He orders his own prosecution dismissed. Now courtesy of the Office of Legal Counsel memo we now cannot prosecute a sitting criminal president. That is the stuff of nightmares and fiction novels."


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.

MORE FROM Igor Derysh


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Aggregate Donald Trump Evan Corcoran Jack Smith Mar-a-lago Politics