The Trump indictment.
"The United States has prosecuted dozens of former governors, cabinet members and lawmakers. These prosecutions are essential in reaffirming the principle that no one — and especially no political leader — is above the law."
"This is far graver than the previous indictment by a rogue New York prosecutor, and it will roil the 2024 election and U.S. politics for years to come," the board said. It is "striking" and "legally notable" that the indictment never mentions the Presidential Records Act (PRA), which "allows a President access to documents, both classified and unclassified, once he leaves office... The indictment assumes that Mr. Trump had no right to take any classified documents," the board said, which doesn't fit the spirit or letter of the PRA. "If the Espionage Act means Presidents can’t retain any classified documents, then the PRA is all but meaningless. This will be part of Mr. Trump’s defense."
In particular, Special Counsel Jack Smith hits a few key points: "First, that Trump handled the classified material exceptionally sloppily and haphazardly, including stashing documents in a shower, a bedroom, and—as depicted in a striking photo—onstage in a ballroom that frequently held events,” Graham said. "Second, that Trump was personally involved in discussions about the documents, and in directing their repeated relocation. Third, that Trump was well aware of both the laws around classified documents and the fact that these particular documents were not declassified. Fourth, that Trump was personally involved in schemes to hide the documents not only from the federal government but even from his own attorneys. The indictment carefully lays out its case with pictures, texts, and surveillance footage."
Nuclear and military secrets among the documents? Check. Knew the documents were classified, and confessed he hadn't declassified them? Check. Instructed lawyers to lie and conceal the documents' existence? Check. Showed off classified information to people without clearance? Check. Kept them in insecure locations? Check.
"However cavalier he was with classified files, Mr. Trump did not accept a bribe or betray secrets to Russia," the board said. Is that the standard? That a president can only be charged if he's found selling state secrets to Russia post-presidency? No thank you. Not in a country where people spend years and years in prison for markedly less than what Trump did.
As lawyer and conservative columnist David French noted (under "What the right is saying"), this is the "Comey test." This was the standard he set. Based on the indictment, the allegations against Trump very obviously meet that standard. The Justice Department is alleging his conduct was willful and that he obstructed justice.This was also the standard Trump himself set. Nobody is really talking about this for some reason, but please remember that Trump spent his entire 2016 campaign demanding Clinton go to jail for her email server. "Lock her up" became a rallying cry at his campaign rallies, and some of Trump's own quotes about the need to protect classified information were helpfully collected in the indictment (again, this was a cornerstone of his 2016 campaign)
Many Trump allies say that prosecuting Trump will make us a "banana republic." But the rest of the democratic world is actually much better at holding its leaders accountable than we are. If anything, there is a better argument that both Clinton and Trump should have been prosecuted than that Trump shouldn’t be prosecuted because Clinton wasn’t.
France, South Korea, Israel, and Italy have all prosecuted former leaders for alleged crimes. Just this weekend, Scotland arrested its former leader Nicola Sturgeon for financial crimes. Why shouldn't we hold our leaders accountable?
As Barr noted, the documents’ degree of sensitivity was shocking, and Trump could have avoided all of this by simply returning them. Instead, he appears to have obstructed, lied to, and misled investigators over and over. Yes, we have to wait to see what the defense says, but as Barr also said: "If even half of it is true, then he's toast."
it is totally reasonable to prosecute him for what appears to be egregious and unbelievably negligent behavior. Trump has nobody to blame for his actions and decisions here but himself, and we should set the standard, for our future leaders, that this conduct is unacceptable.