President Trump’s indictment for retaining classified material after leaving office seems to be much more serious than many of us had assumed. What he is accused of goes way beyond keeping a few papers as souvenirs or records of his accomplishments.
And his legal jeopardy is such that he could go to jail for a long, long time. Apparently, though, he could still serve as president, running the country from prison!
Legal scholar Jonathan Turley is a conservative, a Fox News legal commentator who has previously supported Trump and his legal claims. But he calls this indictment “extremely damning.” He said,
It is an extremely damning indictment. You know, there are indictments that are sometimes called narrative or speaking indictments. These are indictments that are really meant to make a point as to the depth of the evidence. There are some indictments that are just bare bones — this is not. The special counsel knew that there would be a lot of people who were going to allege that the Department of Justice was acting in a biased or politically motivated way.
This is clearly an indictment that was drafted to answer those questions. It’s overwhelming in details. And, you know, the Trump team should not fool itself, these are hits below the waterline. These are witnesses who apparently testified under oath, gave statements to federal investigators, both of which can be criminally charged if they’re false. Those witnesses are directly quoting the president in encouraging others not to look for documents or allegedly to conceal them. It’s damaging. . . .
This is is not an indictment that you can dismiss.
What were these papers stashed in the nooks and crannies of his Mar-a-Lago home, including publicly accessible areas? David Graham in an article on the subject quotes from the indictment:
The classified documents Trump stored in his boxes included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack. The unauthorized disclosure of these classified documents could put at risk the national security of the United States, foreign relations, the safety of the United States military, and human sources and the continued viability of sensitive intelligence collection methods.
That’s serious. Graham sums up the allegations:
In particular, Special Counsel Jack Smith alleges 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. 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.
In sum, the indictment depicts a man who knew that what he was doing was wrong, and went to great lengths to cover it up. Trump knew exactly how bad it would be if the documents were found, and wanted them destroyed or hidden.
The ten counts against him–which involve violations of the Espionage Act (!)–carry sentences altogether of up to 100 years in prison! Another article breaks it down:
Trump is facing four separate counts each carrying a potential prison time of 20 years: conspiracy to obstruct justice; withholding a document or record; corruptly concealing a document or record; and concealing a document in a federal investigation.
One count carries a 10 year sentence: willful retention of national defense information.
And the final two counts have a maximum of five years each: scheme to conceal, and false statements and representations.
Is all of this bogus? May be. Earlier legal attempts to “get Trump” certainly were. Suspicion is in order. But none of those other attempts resulted in indictments. In any event, whether these charges are true or overblown, Trump could go to jail.
Will being indicted for espionage hurt Trump’s comeback attempt as his party’s presidential nominee? I don’t think so. It may even help him.
As with the boy who cried wolf, the many bogus charges make it hard for people to believe new charges, even if they are genuine. And many of his supporters will continue to see this action against Trump as sheer political persecution.
He could certainly run for office from prison. There is already precedent for that, with socialist Eugene Debs and the far-right Lyndon LaRouche having done so.
Could he serve as president from prison? Article II of the Constitution gives these requirements for the person who holds the office of the presidency:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
Citizenship, age, residency–nothing there about serving time for a felony. But a later amendment adds something that could prevent Trump from serving again. The 14th Amendment, section 3, reads as follows:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
In addition to these indictments–and his other indictment for paying hush money to a porn star–Trump is being investigated for interfering with the election in Georgia, for shady business deals in New York, and–by the same special prosecutor who handed down the classified documents indictment–for encouraging the January 6 riots. For that he could be charged with “insurrection,” which would be disqualifying under the 14th Amendment.
Again, whether or not any of these charges have merit, whether or not they are politically motivated, and whether or not they are vindictive, Trump is in big trouble. It’s not hard to imagine a jury convicting him of any of these charges. It is hard, though, imagining the business of the Oval Office being conducted from a jail cell.
Illustration by Jernej Furman via Flickr, Creative Commons 2.0
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