WEST PALM BEACH, Fla. — A federal grand jury is meeting in Miami about the investigation into whether former President Donald Trump unlawfully held and then mishandled classified documents.
While this is happening, Trump is fuming on social media.
"No one has told me I'm being indicted, and I shouldn't be because I've done NOTHING wrong, but I have assumed for years that I am a target of the WEAPONIZED DOJ & FBI," Trump said on his Truth Social site.
All of this became public last summer after the FBI searched Mar-a-Lago, hunting for classified documents that it said Trump refused to hand over to the government.
So, what is the litmus test for an indictment to happen?
WPTV asked that question to Mark Schnapp, a former federal prosecutor turned defense attorney.
"That the documents were unlawfully retained and that there was an effort to hide the documents and not produce what was required by the subpoena," Schnapp said.
Trump's possible defense could be that he had the right to hold classified documents. Schnapp posed another possible defense that the former president may use.
"I think his threshold argument is that when he left the White House other people packed them up, and he didn't pick and choose what was there," Schnapp said.
What are the political ramifications if Trump is indicted?
"I think for Donald Trump's opponents, they are going to see this as an opportunity," NewsChannel 5 political analyst Brian Crowley said. "They are going to say enough with the drama. We don't need this anymore. Donald Trump should deal with his legal problems. Let's move on and elect a president from the Republican Party. Let's nominate someone who doesn't have all this drama."
Crowley also noted that Trump's significant base of support will rally around him. The question is would that be enough to secure the GOP nomination? The legal and political drama is underway.