BRASILIA, Brazil — Lawyers for former Brazilian President Jair Bolsonaro expressed surprise Thursday by the federal police’s decision to formally accuse him of obstruction of justice just days ahead of the sentencing phase of his trial over an alleged coup plot.

Bolsonaro would face another trial if the attorney-general decides to charge him based on the new accusations.

The federal police investigation unveiled on Wednesday showed Bolsonaro considered seeking political asylum in Argentina last year and that he continued to communicate with allies in recent weeks despite precautionary measures that now force him to be under house arrest.

Justice Alexandre de Moraes, who oversees the case, told Bolsonaro’s lawyers late on Wednesday that they had 48 hours to explain why the former president was not complying with measures established for his house arrest order.

Bolsonaro’s lawyers denied any wrongdoing.

“There was never noncompliance with any precautionary measure previously imposed,” the lawyers said in a statement, in which they added they will clarify Bolsonaro’s recent actions to de Moraes in a timely fashion.

Also on Thursday, one of Bolsonaro’s lawyers said in a TV interview that the former president never seriously considered seeking political asylum in Argentina. Paulo Cunha Bueno told TV GloboNews that Bolsonaro received “every kind of suggestion” as the investigations on him went forward.

“Someone sent him that asylum request in February of 2024. He could have gone, but he did not. He didn’t want it and he was neither in house arrest nor in ankle monitoring. He had every condition to flee and he did not,” Cunha said.

Bolsonaro claimed in a 33-page document to Milei he was being politically persecuted in Brazil, documents obtained by federal police show. Both are staunch supporters of U.S. President Donald Trump, who has recently repeated some of the former president’s claims in his decision to impose 50% tariffs on Brazilian exports.

“I, Jair Messias Bolsonaro, request political asylum from Your Excellency in the Republic of Argentina, under an urgent regime, as I find myself in a situation of political persecution in Brazil and fear for my life,” the former Brazilian leader wrote.

Bolsonaro had his passport seized by Brazil’s Supreme Court in on Feb. 8, 2024. He has repeatedly sought to get it back, including prior to Trump’s inauguration earlier this year. De Moraes rejected all requests as the former president is seen as a flight risk.

Manuel Adorni, spokesperson for Milei, said the Argentine government hasn’t received anything yet. Bolsonaro did not comment about the investigation.

A verdict and sentence in the coup trial will come from a Supreme Court panel of five justices. They are scheduled to announce their rulings between Sept. 2 and 12. The new findings will not be part of that decision.

Prosecutors say Bolsonaro and several of his allies headed a criminal organization that plotted to overturn the election, including plans to kill Lula and de Moraes.

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