Former U.S. President Donald Trump was charged this week with 37 criminal counts related to classified documents and national security secrets he allegedly took from the White House. They were stored at his personal property, showed to individuals without clearance, and later concealed during an investigation.

The charges include violations of the Espionage Act, conspiracy to obstruct justice and making false statements to investigators. What’s next?

Trump pleaded not guilty on all charges before a federal magistrate Tuesday, but the case was assigned by a random computerized process to Florida District Court judge, Aileen Cannon, who was appointed by Trump.

It could be a year or more before a trial takes place. Special Counsel Jack Smith has said the trial will be “speedy.”Trump left court Tuesday without conditions or travel restrictions.

No cash bond was required. Trump was barred from communicating with potential witnesses in the case, including some of his employees.

Trump will still be able to run for U.S. president in 2024, despite the 37 charges and other ongoing investigations.Trump can still run and be elected as U.S. president even if he were to be convicted of federal crimes, as there is no part in the U.S. constitution that says he cannot. 

Trump, as a criminal defendant, will not be  required to testify in the trial. Other former U.S. officials have been convicted and have served prison time for similar mishandling of classified documents. Lt. Col Robert Birchum, was recently sentenced in Florida to 3 years in prison for his  mishandling of classified documents.  

Birchum did not face any charges relating to withholding or concealing, as Trump does.Since Trump is a 2024 U.S. presidential candidate, legal experts debate about the potential uncharted territory of what would happen to the charges or any potential conviction, if he were to be elected.

It is possible the Justice Department would drop the case before Trump resumed office, if he were to be elected, as “they have a longstanding policy against prosecuting sitting presidents” according to Georgetown University Law Professor David Super.

The DOJ could potentially deviate from policy in “extraordinary circumstances” with the approval of the U.S. attorney general. But if Trump were elected, he could fire the “lame duck” attorney general under Biden and replace with of his choice of successor, given Senate approval.

If Trump were to be elected as U.S. president after being convicted of a federal crime, it’s not out of the question that he could use his position to pardon himself.  Trump could not pardon himself for state crimes, however.

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