检察官在指控中称49页的起诉书前总统唐纳德·特朗普他故意保留包含核项目等敏感国防信息的文件，然后试图阻挠调查人员找到这些文件。
“起诉书写得非常清楚，”前水门事件检察官尼克·阿克曼告诉美国广播公司新闻。“指控非常具体，他们通过每一项指控，重点关注特朗普的知识、意图和参与。整个画面的整体是致命的。”
分解指控
起诉书包括对特朗普的31项指控，罪名是未经授权拥有和故意保留国防文件，这些指控属于《间谍法》的范畴。
“这是一个很少被指控的行为，”前联邦检察官Neama Rahmani告诉ABC新闻。
美国前助理检察官凯文·奥布莱恩(Kevin O'Brien)表示，为了让检察官对这些指控定罪，他们需要证明特朗普知道或有理由相信这些材料可能会被用来损害美国的利益。
尽管特朗普声称没有证据表明他解密了所有材料，但法律专家告诉美国广播公司新闻检察官不需要证明文件是机密的。“分类系统真的与起诉无关，”奥布莱恩说。
其余六项指控，包括阴谋妨碍司法公正和发表虚假声明，涉及特朗普涉嫌试图阻碍调查人员。
“如果只是因为他有这些东西，他把它翻了过来，这里就永远不会有问题，”阿克曼说。“但他拥有它，他竭尽全力确保他保持它。”
对特朗普的其他指控是阴谋妨碍司法公正;扣留与国防有关的文件;腐败地隐藏与国防有关的文件;在联邦调查中隐藏文件;策划向执法机关隐瞒相关信息或证据的;并向执法部门作出虚假陈述或陈述。
根据《间谍法》提出的31项指控，每项罪名最高可判处10年监禁。每项妨碍指控最高可判20年徒刑，作虚假陈述最高可判5年徒刑。
但专家表示，特朗普如果被判有罪，将面临较轻的处罚。
纽约前联邦检察官、现任辩护律师莎拉·克里索夫(Sarah Krissoff)告诉美国广播公司新闻(ABC News)，预计实际刑期会少得多。
起诉书中没有提到《总统记录法案》。特朗普已经虚假索赔他他对文件的保留是受法律保护的，而不是刑事法规。
动机未提及
检察官仍然没有断言特朗普为什么拿走这些文件并试图保留它们。
“我们从这份起诉书中没有得到的一件事是动机，”阿克曼说。“他为什么要这么做?为什么他如此不顾一切地要拿走那些文件，并尽一切可能保存它们?”
这包括特朗普打算对他们做什么。
起诉书详细列举了特朗普涉嫌与他人分享机密信息的两个例子，一次是向一名作家和出版商，另一次是向一个政治行动委员会的代表。
但检察官在起诉书中没有提供证据，他们认为特朗普向外国政府或其他实体传播信息，意图伤害美国，尽管特别律师要求提供文件与多个国家的潜在业务往来有关。
阿克曼说，一种可能的解释是政治“报复”他强调了起诉书的一个方面，据称特朗普分享了一份攻击伊朗的军事计划，他称这份文件“完全赢得了我的案子”。一份文字记录似乎表明，特朗普对他所说的参谋长联席会议主席马克·米利(Mark Milley)的评论感到愤怒，特朗普希望予以打击。
“但动机不是任何犯罪的一个要素，所以这不是他们必须在起诉书中提出的东西，”阿克曼说。
专家表示，审判时可能会披露更多信息。
“我认为有更多的发现他的动机是什么，他做了什么，有多少文件处于危险之中，”奥布莱恩说。“我认为我们还不知道所有的答案。”
Legal experts break down Trump indictment and unanswered questions
Prosecutors allege in the 49-page indictment of former President Donald Trump that he willfully retained documents containing sensitive defense information regarding nuclear programs and more, then tried to obstruct investigators trying to locate them.
"The indictment is very well spelled out," Nick Akerman, a former Watergate prosecutor, told ABC News. "The charges are very specific, they go through every single one focusing on Trump's knowledge, his intent and his involvement. The totality of the entire picture is damning."
Breaking down the charges
The indictment includes 31 counts against Trump for the unauthorized possession and willful retention of national defense documents, charges that fall under the Espionage Act.
"This is a rarely charged act," Neama Rahmani, a former federal prosecutor, told ABC News.
In order for prosecutors to get a conviction on these charges, they need to show Trump knew or had reason to believe the material could be used against the interests of the United States, according to a former assistant U.S. attorney Kevin O'Brien.
But while Trump has claimed without evidence that he declassified all the material, legal experts tell ABC News prosecutors would not need to prove the documents were classified. "The classification system really has nothing to do with the indictment," O'Brien said.
The six remaining counts, including conspiracy to obstruct justice and making false statements, involve Trump's alleged attempts to hinder investigators.
"If it had just been the fact that he had this stuff and he turned it over, there would never have been an issue here," Akerman said. "But he had it and he went all out to make sure he kept it."
The other charges against Trump are conspiracy to obstruct justice; withholding a document related to national defense; corruptly concealing a document elated to national defense; concealing a document in a federal investigation; scheming to conceal relevant information or evidence from law enforcement; and making false statements or representations to law enforcement.
The 31 counts brought under the Espionage Act are punishable by up to 10 years in prison per offense. The obstruction charges carries a maximum penalty of 20 years each, and the penalty for making false statements comes with a maximum prison sentence of five years.
But experts said Trump, if convicted, would face lower penalties.
"The expectation would be that the actual sentence would be much less," Sarah Krissoff, a former federal prosecutor in New York and current defense attorney, told ABC News.
Absent from the indictment is any mention of the Presidential Record Act. Trump has falsely claimed he his retention of the documents is protected under the law, which is not a criminal statute.
Motive not mentioned
Still not asserted by prosecutors is why Trump took the documents and tried to keep them.
"The one thing that we do not get from this indictment is a picture of the motive," Akerman said. "Why did he do it? Why was he so hell bent on taking those documents and doing everything he could to keep them?"
That includes what Trump intended to do with them.
The indictment detailed two instances where Trump allegedly shared classified information with others, once to a writer and publisher and another time to a representative of a political action committee.
But prosecutors in the indictment provided no evidence they believe Trump disseminated the information to a foreign government or other entity with the intent to harm the U.S., though the special counsel had requested documents from the Trump Organization related to potential business dealings with multiple foreign countries.
One possible explanation, Akerman said, was for political "retribution." He highlighted one aspect of the indictment in which Trump is allegedly sharing a military plan on attacking Iran, which he referred to as a document that "totally wins my case." A transcript appears to suggest that Trump was angry about what he said were comments from Joint Chiefs Chairman Mark Milley that Trump wanted to strike.
"But motive is not an element of any of the crimes, so it's not something they necessarily have to put in the indictment," Akerman said.
Experts said more could be revealed at trial.
"I think there's more to discover what his motives were and what he did and how many documents are at stake," O'Brien said. "I don't think we know all the answers yet."
