Fact-check analysisVerified as of September 21, 2025Curated by FactVerify
True

Federal Grand Juries can indict Trump

Federal grand juries can and have indicted former President Donald Trump, as he no longer has the legal immunity that sitting presidents enjoy.

Trump indictment would be unprecedented in US history

Trump indictment would be unprecedented in US history

Source: toronto.citynews.ca

At a glance

Key Evidence

Verified September 21, 2025
The reporting

What the Evidence Shows

The longstanding Justice Department policy prohibits the federal indictment of a sitting president, but this protection does not apply once the president leaves office. Donald Trump, having been out of office for over two years, is subject to federal grand jury indictments. Multiple sources confirm that federal grand juries have convened and returned indictments against Trump, including a notable 37-count indictment related to classified documents found at his Mar-a-Lago estate.

This makes Trump the first former U.S. President to face such federal charges. While some federal grand juries in Washington, D.C.

Have recently declined to indict individuals accused in cases connected to Trump's law enforcement crackdowns, these instances do not contradict the fact that grand juries can indict Trump himself. The rare refusals to indict others reflect local grand jury decisions rather than any legal barrier to indicting Trump. Overall, the evidence clearly shows that federal grand juries have the authority and have exercised it to indict Donald Trump after his presidency.

Primary trail

Verified Sources10

Trump indictment would be unprecedented in US history

toronto.citynews.ca
Open source

D.C. grand jury declines to indict another defendant amid Trump's crime...

nbcnews.com
Open source

Grand juries in Washington, DC decline to indict two accused of threatening to...

foxnews.com
Open source
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