Democrats are aware that the search of former President Donald Trumps home by the FBI hurt the Party politically. This Aug. 17 headline from The New York Times, referencing the Inflation Reduction Act, says it all: President Takes a Bow, but Spotlight Stays on His Predecessor.
Yet, even with this knowledge, 88 percent of Democrats want Trump charged for fomenting the Jan. 6 attack on the Capitol. Slightly over half of Democrats think he will be.
Undoubtedly, Democrats are also hoping that state criminal investigations into financial improprieties and election interference will lead to prosecutions.
And now there is concrete evidence from the search of his home that Trump broke the law by possessing top secret documents. Since no one is above the law, surely now there must be a criminal case.
Well, the politically good news for Democrats is that no criminal prosecution is likely in any of these areas. There is no indication that the Justice Department is preparing a treason case against Trump, the evidence of election interference in Georgia is ambiguoushe was complaining about illegal voting, after allfinancial cases are notoriously difficult to bring and the classified documents charge is actually legally dubious.
Donald Trump is not going to jail, which improves the chances that Democrats will retain majority control of Congress and the presidency.
To see the problem with a criminal case based on possession of classified documents, it is helpful to remember why the FBI recommended that former Secretary of State Hillary Clinton not be prosecuted for accessing classified materials on her personal, non-secured, email account.
On July 5, 2016, then-FBI Director James Comey shook up the presidential campaign by his announcement that the FBI had discovered on Clintons email server 110 emails in 52 email chains that contained classified information. Eight of those chains contained information that was Top Secret at the time they were sent.
Comey described these results as potential violations of the statutes regarding the handling of classified information.
Nevertheless, Comey recommended to the Justice Department that no criminal charges be brought.
The reason Comey gave was that regardless of what federal law technically provided, all previous prosecutions for mishandling or removing classified information involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.
Comey concluded, We do not see those things here.
Taking these points one at a time and applying them to Trumps actions should lead to the same conclusion of no prosecution.
In terms of intent, it appears that Trump attempted to, and probably believed that he had, declassified some or all of the material he retained. Presidents often do this, informally communicating secret information in order to reassure allies or deter enemies. Trumps failure to follow accepted procedures is not unprecedented. His bungled attempt to declassify suggests he had no wrongful intent.
Even more important, in Trumps case there is only minimal indication of any exposure of secrets. Unlike an unprotected email account that could be hacked by anyone, the documents Trump retained were mostly physically locked up. While wrongful access by others undoubtedly occurred, it was easily monitored.
Clearly, a Trump attorney was inaccurate in telling the Justice Department that all classified documents had been returned to the government after earlier requests.
But it is not easy to make a case of obstruction of justice out of that. The government knew that a great deal of material remained in Trumps possession and also knew of Trumps belief that classified material had been declassified. The Trump team may well have believed that their account was truthful or may have simply been mistaken.
Can the U.S. slide into authoritarianism? Yes. But we can avoid it if we try | Opinion
But if no criminal charges are likely to be filed, why was a search warrant sought and a search conducted? An affidavit in support of a search warrant must allege probable cause that evidence of a crime will be found.
As was true in the case of Clinton, there is a potential crime when classified material is possessed by an individual in circumstances in which that possession is unauthorized by law. So, the warrant was certainly properly sought by the government and granted by a federal judge.
However, the use of a search warrant does not mean that the Justice Department had decided to prosecute. It only means that prosecution would be possible if classified material were found.
In Trumps case, there is every indication that the government concluded after months of fruitless negotiations, that Trump would not voluntarily return everything that should be turned over. The search was the most expeditious way of determining what Trump retained and of gaining possession of what the government believed should not be in private hands. The search was a practical expedient.
That is not a bad faith search. No final decision about prosecution could be made until after the search revealed the facts.
Everyone knows that prosecuting a former president would set a risky precedent in terms of democracy. If you want to see the potential harm, just look at the crisis in Pakistan. The reason we dont prosecute losing candidates is that it turns politics into war in which any action is justified in order to avoid going to prison.
For Americas best lawyers, Trump is radioactive | Dick Polman
This doesnt mean such a prosecution could never be justified. Trump really did try to overturn a lawful election. Maybe that prosecution would be worth it if the matter could be proven beyond a reasonable doubt.
Trump may have engaged in financial wrongs. Maybe prosecution for such non-political crimes could also be warranted if the conduct could be linked to him personally.
But this is not true of a potential prosecution for mishandling secret government material. Here, the precedents do not support criminal charges. Going after Trump for retaining documents would rightly be labeled a political prosecution. It would harm Democrats. But it would also wound the nation.
The Justice Department has probably already concluded the same.
See the original post here:
- Sen. Chris Murphy urges Democrats to follow Tom Suozzi and go on the offensive on the border - NBC News - February 14th, 2024 [February 14th, 2024]
- New Mexico's Democrat-led House rejects proposal for paid family and medical leave - The Seattle Times - February 14th, 2024 [February 14th, 2024]
- Democrats see 2024 blueprint in N.Y. election that centered on immigration - The Washington Post - February 14th, 2024 [February 14th, 2024]
- Democrats cheer New York win as good omen for November. But is it enough to calm anxiety over Biden? - The Associated Press - February 14th, 2024 [February 14th, 2024]
- Leaning Into Migrant Woes, Suozzi Paves Election-Year Path for Democrats - The New York Times - February 14th, 2024 [February 14th, 2024]
- New York Special Election Live Results: Tom Suozzi Wins George Santos's Seat - The New York Times - February 14th, 2024 [February 14th, 2024]
- Democrats win another special election, and 4 more takeaways from New York's House race - ABC News - February 14th, 2024 [February 14th, 2024]
- NY Special Election Winner Tom Suozzi to Fill Santos Seat - Bloomberg - February 14th, 2024 [February 14th, 2024]
- Democrat Suozzi wins special election to replace Santos in New York - NPR - February 14th, 2024 [February 14th, 2024]
- New House lines in New York would boost 2 Democrats and a Republican - POLITICO - February 14th, 2024 [February 14th, 2024]
- Democrats win back George Santos seat in hotly contested election - POLITICO - February 14th, 2024 [February 14th, 2024]
- Democrats and Republicans hold Black History Month celebrations with an eye on November's election - The Associated Press - February 14th, 2024 [February 14th, 2024]
- NY-03 Special: Four Takeaways from Suozzi and Democrats' Decisive Win - The Cook Political Report - February 14th, 2024 [February 14th, 2024]
- New York special election results: The Democrats flipped George Santos' old seat. But here's the real story. - Slate - February 14th, 2024 [February 14th, 2024]
- West Virginia bill defining gender is transphobic and 'political rubbish,' Democrats say - The Associated Press - February 14th, 2024 [February 14th, 2024]
- Biden isn't leaving the 2024 race, but how would Democrats pick a nominee if he did? - ABC News - February 14th, 2024 [February 14th, 2024]
- Proposed TikTok ban dies in Virginias Democratic-controlled House - The Hill - February 14th, 2024 [February 14th, 2024]
- Opinion | Tom Suozzi Makes the Democrats Look Good for a New York Minute - The New York Times - February 14th, 2024 [February 14th, 2024]
- Tom Suozzi buoyed by higher Democratic turnout, decline in GOP voting - Newsday - February 14th, 2024 [February 14th, 2024]
- We asked young Black voters about Biden and the Democrats. Here's what we learned - NPR - February 14th, 2024 [February 14th, 2024]
- New York Special Election: Tom Suozzi Wins House Seat Vacated by George Santos - The New York Times - February 14th, 2024 [February 14th, 2024]
- Democrat Tom Suozzi to replace republican George Santos in U.S. House of Representatives - 13newsnow.com WVEC - February 14th, 2024 [February 14th, 2024]
- Who is Tom Suozzi, Democrat in New York's special election - The Washington Post - February 14th, 2024 [February 14th, 2024]
- Democrat Tom Suozzi wins special election to fill George Santos's House seat. Here's why it matters beyond New York. - Yahoo News - February 14th, 2024 [February 14th, 2024]
- Democrat Wins Special Election for George Santos' House Seat Mother Jones - Mother Jones - February 14th, 2024 [February 14th, 2024]
- Not an Ordinary Special Election, and Yet a Typical Result - The New York Times - February 14th, 2024 [February 14th, 2024]
- Trump slams Democrat Nikki Haley on home turf ahead of South Carolina primary: Shes finished - Washington Examiner - February 14th, 2024 [February 14th, 2024]
- Senate Democrat calls GOP hostage-taking in debt ceiling deal making dangerous: This cannot be the norm - The Hill - May 30th, 2023 [May 30th, 2023]
- Scoop: Dems told to say debt ceiling bill rejects GOP's "extreme demands" - Axios - May 30th, 2023 [May 30th, 2023]
- Debt Ceiling Is First Big Test for Hakeem Jeffries, the Top House Democrat - The New York Times - May 30th, 2023 [May 30th, 2023]
- Does the debt deal have enough GOP support? This Democratic senator says he's worried. - POLITICO - May 30th, 2023 [May 30th, 2023]
- Delbert the Democrat and his friends in the liberal media - leader-call.com - May 30th, 2023 [May 30th, 2023]
- Why I believe RFK Jr. will be the 2024 Democratic nominee - The Hill - May 30th, 2023 [May 30th, 2023]
- Republican blitz on LGBTQ issues exposes fractures among Texas ... - The Texas Tribune - May 30th, 2023 [May 30th, 2023]
- Texas Passes Bills Targeting Elections in Democratic Stronghold - The New York Times - May 30th, 2023 [May 30th, 2023]
- The Rise of Religious 'Nones' Won't Save Democrats - New York Magazine - May 30th, 2023 [May 30th, 2023]
- Democrats trade insults over bill at committee meeting - Spectrum News NY1 - May 30th, 2023 [May 30th, 2023]
- Kentucky Democrat Who Lost Bid to Unseat McConnell Fined $10K ... - Heritage.org - May 30th, 2023 [May 30th, 2023]
- Mississippi Democrats improperly excluded candidate for governor ... - The Associated Press - May 30th, 2023 [May 30th, 2023]
- Asian voters in the U.S. tend to be Democratic, but Vietnamese ... - Pew Research Center - May 30th, 2023 [May 30th, 2023]
- Gilbert, Mesa lawmakers unimpressed with Democrat's reason for ... - Daily Independent - May 30th, 2023 [May 30th, 2023]
- Former Republican and Democratic Governors from Alabama ... - Death Penalty Information Center - May 30th, 2023 [May 30th, 2023]
- 3 Tennessee Democrats face removal from office in Thursday vote after gun control protest on state House floor - CNN - April 6th, 2023 [April 6th, 2023]
- Democrat or Republican: The Official Differences | Merriam-Webster - March 31st, 2023 [March 31st, 2023]
- Truck driver who upset top N.J. Democrat in 2021 faces GOP primary challenge in big election year - NJ.com - March 31st, 2023 [March 31st, 2023]
- A top Democrats radical plan to deal with Trumps worst judge and protect abortion rights - Vox.com - February 20th, 2023 [February 20th, 2023]
- About the Democratic Party - Democrats - February 7th, 2023 [February 7th, 2023]
- Democratic Party (United States) - Simple English Wikipedia, the free ... - February 2nd, 2023 [February 2nd, 2023]
- Democrat NYC Mayor Adams calls on federal government to play more proactive role to secure border - Fox News - January 17th, 2023 [January 17th, 2023]
- Democratic Rep. Jamie Raskin announces he has 'serious but curable form of cancer' - CNN - December 28th, 2022 [December 28th, 2022]
- Sen. Sinema's switch to Independent will not impact Democrats' control of the chamber, representatives say - CNBC - December 12th, 2022 [December 12th, 2022]
- 'People are fed up': As NC Democrats reflect on election missteps, a party shake-up is underway - WRAL News - December 12th, 2022 [December 12th, 2022]
- What is a Democrat? (with pictures) - Historical Index - November 23rd, 2022 [November 23rd, 2022]
- This is the late message some Democrats believe could make a difference in close elections - CNN - November 1st, 2022 [November 1st, 2022]
- Dylan Roberts in his words: The Democrat running for a seat in Senate District 8 promises to focus on living affordability, the environment and rural... - October 25th, 2022 [October 25th, 2022]
- POLITICO Playbook: Where Democrats can find some good news - POLITICO - POLITICO - October 21st, 2022 [October 21st, 2022]
- Kill the babies to curb inflation? Democrats are the real abortion extremists - Washington Examiner - October 21st, 2022 [October 21st, 2022]
- The vote to subpoena Trump shows Democrats have found their fighting spirit - The Guardian US - October 15th, 2022 [October 15th, 2022]
- Cameron Smith: Is the worst Republican better than the best Democrat? - AL.com - October 15th, 2022 [October 15th, 2022]
- Inflation report is bad news for Democrats - The Hill - October 15th, 2022 [October 15th, 2022]
- Democrats try to break through on drug pricing message - The Hill - October 15th, 2022 [October 15th, 2022]
- Meet the Black Republican whos aiming to flip a Democratic held House seat in heavily blue Connecticut - Yahoo News - October 15th, 2022 [October 15th, 2022]
- Democrats Worry They're Being Overshadowed in Arizona's Governor Race - Yahoo News - October 15th, 2022 [October 15th, 2022]
- Democrats suggest shifting weapons from Saudi Arabia to Ukraine - The Guardian US - October 15th, 2022 [October 15th, 2022]
- WATCH: Voters react to Nancy Pelosi claiming Democrats will win midterm elections without Trump on the ballot - Fox News - October 15th, 2022 [October 15th, 2022]
- Former presidential candidate Tulsi Gabbard says she is leaving the Democratic Party - NPR - October 13th, 2022 [October 13th, 2022]
- Oregon could elect a non-Democrat governor for the first time in 40 years - Statesman Journal - October 13th, 2022 [October 13th, 2022]
- 'The Great Realignment': Democrats Leave Party in Droves, and What It Could Mean for GOP in November - CBN.com - October 13th, 2022 [October 13th, 2022]
- Texas Democrat uses edited photo of GOP opponent in campaign ad that makes her appear more aggressive - Washington Examiner - October 13th, 2022 [October 13th, 2022]
- This Democrat Living On Nearly $400,000 Is Frustrated By Inflation - Washington Free Beacon - October 13th, 2022 [October 13th, 2022]
- Why Kansass Democratic Governor Isnt Talking About Abortion But Her GOP Opponent Is - FiveThirtyEight - October 13th, 2022 [October 13th, 2022]
- Can Democrats Win 52 Senate Seats And Kill The Filibuster? - FiveThirtyEight - October 13th, 2022 [October 13th, 2022]
- Ricky Jones: Black men are not the problem for Stacey Abrams and Democrats - Courier Journal - October 13th, 2022 [October 13th, 2022]
- How Democrats are trying to counter a wave of GOP attacks on crime - POLITICO - September 20th, 2022 [September 20th, 2022]
- Why Democrats' midterm optimism could be misguided - The Hill - September 20th, 2022 [September 20th, 2022]
- Will The Polls Overestimate Democrats Again? - FiveThirtyEight - September 20th, 2022 [September 20th, 2022]
- Lauren Boebert's Democratic opponent forgot he was previously registered as a Democrat - Washington Examiner - September 20th, 2022 [September 20th, 2022]
- Democrats' No. 1 fall goal: Try not to 'poke the bear' - POLITICO - September 20th, 2022 [September 20th, 2022]
- Is This When Democrats Finally Learn How to Message? - The New Republic - September 20th, 2022 [September 20th, 2022]
- Meet the Democrat on a Six-Figure Income Who Cant Afford To Buy Her Kids Shoes - Washington Free Beacon - September 20th, 2022 [September 20th, 2022]