A court-sanctioned search of former President Donald Trump's Mar-a-Lago mansion was alleged by the Justice Department to have resulted from the Capitol riot. criminal proceedings against him.
Ostensibly, the investigation is related to a long-simmering dispute between the former president and the government over President Trump's illegal retention and possible mishandling of classified information. . But don't be fooled.
A few months ago, National Archives officials warned the Department of Justice of possible loss of records and breach of classified information. That's because of the chaotic atmosphere in which the Trump family fled the White House to Florida after the Capitol riots.
Approximately 15 boxes of records were reportedly removed from the White House and shipped to Mar-a-Lago. The National Archives later explained that much of the material should have been kept in government property in accordance with the Presidential Records Act.After extensive negotiations, Trump said he would release some of the materials in January 2022. I agreed to return it. Officials at the National Archives have informed the Justice Department that the returned materials contain classified information.
If true, it raises several issues. had it not been lifted, it would probably have been illegal to continue to keep them in an insecure location. will be It may not be exercised after his presidency. The returned documents were therefore potentially criminal evidence. Additionally, it is believed that Trump did not return everything shipped out of the White House during his hectic January 2021 days, so it is believed that he will continue to store sensitive information in his Mar-a-Lago. I had good reason to suspect that
One of the potential offenses under Section 2071 of the Federal Penal Code is that its penal provisions state that if convicted, the defendant would "lose and retain his or her job." shall be disqualified from doing so.” All offices under US. The ongoing proceedings involving Trump, notably the Justice Department investigation and the House Jan. 6 committee investigation, appear aimed at undermining his ability to run for president again in 2024. Triggers Section 2071 disqualification.
I doubt it. The Justice Department is well aware that the qualifications of a presidential candidate are set in the Constitution. Just because the legislator did not want the executive branch to be controlled by the legislative branch, as in the case where Congress can disqualify an incumbent or potential president simply by passing a law , they may not be changed by law.The president's constitutional qualifications are minimal and must be at least 35 years of age and a natural citizen. Being a felon isn't a disqualification, so even a crime that could be far more serious than mishandling classified information isn't a bar to seeking the presidency.
In addition, the Constitution provides grounds for disqualification from seeking presidential or other federal office. That is, the Senate's conviction of the articles of impeachment voted in the House. Again, what is dictated by the Constitution cannot be changed by mere law. To cause disqualification, Congress would have to impeach and convict Trump. It cannot be done through criminal prosecution.
The Department of Justice apparently used potentially sensitive information as a pretext for obtaining warrants so they could seek out what they were really looking for. For example, a seditious conspiracy to forcibly attack a government installation (which is highly unlikely), a non-violent crime (a conspiracy to count electoral votes at the Joint Congress on January 6th, or conspiracy to deceive the government, etc.).
As previously explained, the Biden Department of Justice's indictment of the former president for such a controversial non-violent crime is unacceptable. i think it's reckless. Especially when it comes to the former president who could be the 2024 Republican nominee. Because such accusations foster the perception that Democrats are using the Justice Department as a political weapon.
Let us, however, assume that Attorney General Merrick Garland is considering bringing such conspiracy charges against Trump. Despite knowing clearly that the 2020 election was not stolen by fraud, it was deliberately deceptive in planning to prevent Congress from counting state-certified votes that would establish a Biden victory.
This is why in recent weeks the Justice Department has aggressively sought evidence from advisers close to Trump. In June, Jeffrey, a former Justice Department attorney who tried to help Trump persuade disputed states of the false premise that the DOJ believed a Biden victory could be rigged. - Executed Clark's search warrant. Constitutional scholar John Eastman is the architect of the unsuccessful legal strategy Trump tried to persuade then-Vice President Mike Pence to discount electoral votes from major states Biden won.
We have issued a subpoena to White House Attorney Pat Cipollone and Pat Cipollone's Deputy Patrick Philbin, who reportedly knew of and opposed Trump's plan to reverse the president's election results.
The Biden Department of Justice is under tremendous pressure from Democrats to indict Trump and is having trouble doing so. But what it's trying to tell is the case of the Capitol riot, not the mishandling of classified documents.
Andrew C. McCarthy is a former federal prosecutor.
