Biden had nothing to do with Trump's indictment in classified documents probe | Fact check

Sudiksha Kochi, USA TODAY
·3 min read
140

The claim: Biden ordered Trump's indictment

A June 9 Facebook video (direct link, archive link) shows conservative commentator Benny Johnson discussing former President Donald Trump's indictment in the classified documents probe.

"Biden ORDERS Trump Indictment Today!- FBI Surrenders Evidence To GOP - Feds PANIC In DC," reads the video's caption.

The video was viewed more than 2,000 times in less than a week. Similar posts have generated hundreds of interactions on Instagram and Facebook.

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Our rating: False

Legal experts said President Joe Biden does not have the authority to bring criminal charges against anyone. That authority lies with federal prosecutors. In the classified documents probe, Justice Department special counsel Jack Smith made the decision to indict Trump, not Biden.

Legal experts say Biden did not play a role in Trump's indictment

Trump was indicted June 8 by a federal grand jury on several felony charges related to his alleged mishandling of classified documents kept at his Mar-a-Lago estate after he left the White House in 2021, as USA TODAY reported.

But contrary to the post’s claim, Biden had nothing to do with Trump’s indictment, according to Michael Bachner, a former Manhattan assistant district attorney. The video also does not provide evidence of Biden's involvement.

The president does not have the power under the Constitution to charge anyone with a crime, according to Marc Scholl, who served as a criminal prosecutor in New York. Under federal statute, that authority is reserved for federal prosecutors, who must present evidence and convince a grand jury to move forward with an indictment.

Fact check: Trump can run in 2024 even if charged in classified documents case

Attorney General Merrick Garland appointed federal prosecutor Smith in November 2022 as special counsel to oversee Trump’s classified documents probe. After a months-long investigation, Smith made the decision to indict Trump.

There has been nothing in the public record to hint that the White House has tried to influence the investigation of Trump, Scholl said.

When Biden was asked during a June 9 press briefing what he would say to Americans to convince them to trust the independence and fairness of the Justice Department, he stated he had no influence over the department's decision to indict Trump.

White House Principal Deputy Press Secretary Olivia Dalton also told reporters on June 9 that Biden learned of Trump's indictment through news reports and had “no advance knowledge” it was coming.

USA TODAY has debunked other claims related to Trump's classified documents probe, including baseless assertions that Garland stripped Trump's right to run in the 2024 election and that Biden ordered the FBI's search of Trump's Mar-a-Lago estate.

USA TODAY reached out to the social media users who shared the claim for comment but did not immediately receive a response.

Our fact-check sources:

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This article originally appeared on USA TODAY: Jack Smith indicted Trump in classified documents probe | Fact check

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