https://www.wsj.com/articles/donald...ice-department-81591082?mod=opinion_lead_pos1
from the wsj:
Blah blah blah
The indictment levels 37 charges against Mr. Trump that are related to his handling of classified documents, including at his Mar-a-Lago club, since he left the White House.
Thirty-one of the counts are for violating the ancient and seldom-enforced Espionage Act for the “willful retention of national defense information.
But it’s striking, and legally notable, that the indictment never mentions the Presidential Records Act (PRA) that allows a President access to documents, both classified and unclassified, once he leaves office. It allows for good-faith negotiation with the National Archives. Yet the indictment assumes that Mr. Trump had no right to take any classified documents.
This doesn’t fit the spirit or letter of the PRA, which was written by Congress to recognize that such documents had previously been the property of former Presidents. 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.
The other counts are related to failing to turn over the documents or obstructing the attempts by the Justice Department and FBI to obtain them. One allegation is that during a meeting with a writer and three others, none of whom held security clearances, Mr. Trump “showed and described a ‘plan of attack’” from the Defense Department. “As president I could have declassified it,” he said on audio tape. “Now I can’t, you know, but this is still a secret.”
The feds also say Mr. Trump tried to cover up his classified stash by “suggesting that his attorney hide or destroy documents,” as well as by telling an aide to move boxes to conceal them from his lawyer and the
As usual, Mr. Trump is his own worst enemy. “This would have gone nowhere,” former Attorney General Bill Barr told
CBS recently, “had the President just returned the documents. But he jerked them around for a year and a half.”
That being said, if prosecutors think that this will absolve them of the political implications of their decision to charge Mr. Trump, they fail to understand what they’ve unleashed.
In the court of public opinion, the first question will be about two standards of justice. Mr. Biden had old classified files stored in his Delaware garage next to his sports car. When that news came out, he didn’t sound too apologetic. “My Corvette’s in a locked garage, OK? So it’s not like they’re sitting out on the street,” Mr. Biden said. AG Garland appointed another special counsel, Robert Hur, to investigate, but Justice isn’t going to indict Mr. Biden.
As for willful, how about the basement email server that Hillary Clinton used as Secretary of State? FBI director James Comey said in 2016 that she and her colleagues “were extremely careless in their handling of very sensitive, highly classified information.” According to him, 113 emails included information that was classified when it was sent or received. Eight were Top Secret. About 2,000 others were later “upclassified” to Confidential. This was the statement Mr. Comey ended by declaring Mrs. Clinton free and clear, since “no reasonable prosecutor would bring such a case.”
This is the inescapable political context of this week’s indictment. The special counsel could have finished his investigation with a report detailing the extent of Mr. Trump’s recklessness and explained what secrets it could have exposed. Instead the Justice Department has taken a perilous path.
The charges are a destructive intervention into the 2024 election, and the potential trial will hang over the race. They also make it more likely that the election will be a referendum on Mr. Trump, rather than on Mr. Biden’s economy and agenda or a GOP alternative. This may be exactly what Democrats intend with their charges.
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