Never in my life did I ever expect to hear of the groundwork being set for an investigation of a President of the United States of America for violation of the Espionage Act.
And yet, this is where we are.
Earlier this past week it was revealed that the Federal Bureau of Investigation, under the auspices of the Deportment of Justice, conducted a court-approved search for classified documents on the Mar-a-Lago premises of former President Donald Trump.
Yep. That's right. Secret documents. Top secret documents. Documents that could compromise the national security of this nation if delivered to the wrong hands.
Trump apparently had these documents illegally removed from the White House during the fading hours of his presidency in 2020. That would be just weeks after the January 6 insurrection at the Capitol, in case you're keeping a timeline.
The seizure of the documents – some marked as secret, others as top secret, and at least one box of files labeled as TS/SCI (Secure Compartmentalized Information), the highest level of classification there is – raises three critical questions:
1. Why did Trump take the archives in the first place? It's illegal.
2. Why did he not return all of them when he was asked to? At least 15 boxes were returned in February, but apparently 11 boxes remained in the basement at Mar-a-Lago. After lengthy negotiations (huh? Why do you need negotiations?) to return the files, Trump then ignored a subpoena to return the documents, thus necessitating the seizure.
3. And, most importantly, what was he planning to do with the documents? Sell them to the highest bidder? Display them on his office walls? Show them to friends over dinner?
Trump's actions and refusal to initially return the documents has put him in legal crosshairs. He could be in violation of the Presidential Records Act (1978) that mandates the preservation of all records.
He also could be in violation of the Espionage Act (1917) which states: "Whoever, lawfully having possession of…any document…relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation…willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it is guilty."
There is speculation that some of those documents contain nuclear secrets. If that is so, then he could be in violation of the Atomic Energy Act (1954).
Good grief.
Almost as a reflexive action, Trump initially denied any wrongdoing after revealing his property was searched by the FBI. Then he claimed President Obama retained sensitive files (false). Then he said the documents were declassified (even if they were, it's still a crime to remove them from the National Archives, no matter what their classification). I guess he's trying to find which excuse sticks best to those food-stained walls where he childishly threw his dinners in fits of pique.
The fact that he kept 11 boxes of files (He implied to the Archives that he has turned in all the boxes, and his lawyers signed off on it. Oh, boy. I hope his lawyers have good lawyers.) now subjects him to obstruction of justice charges. Does that one sound familiar? Echos of obstruction ring all through the Trump administration hallways.
The DOJ apparently learned of these unreturned files through a mole squeaking at Mar-a-Lago. Now the guessing game is wondering just who the informant is. My top two choices are former chief of staff Mark Meadows or top administration advisor Jared Kushner, both of whom have plenty to lose if they themselves are involved in this mess in any way. Stay tuned.
On the surface, the theft of these documents (what else would you call it?) appears to be extremely stupid. Or else it's extremely sinister, which seems more likely.
If there's one thing more disturbing than a president of the United States neglecting his oath of office to preserve, protect and defend the Constitution of the United States, it's a Republican Party that mostly has shielded Trump at every turn. It's how he survived two impeachments. It's how this country came up with an immigration policy to separate 5,000 children from their parents at the Mexican border. It's how we watched a bizarre collection of Republicans celebrating the cutting of taxes from the country's richest Americans. It's why there's denial that Jan. 6 even happened.
It's this is why we're even here.
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