On June 13, Donald Trump was indicted on 37 counts related to mishandling classified material. The decision to indict a former president sets the stage for a government stress test that will likely last past the next presidential election.
This week, Donald Trump was indicted in US federal court for violating the Espionage Act, including 31 counts for willful retention of national defense information, four counts relating to the concealment of the documents, conspiracy to obstruct an investigation, and making a false statement to authorities. Trump’s aid, Walt Nauta, was also indicted. Trump’s attorneys have characterized the indictment as the “weaponization of the criminal justice system,” while Trump claims that he had “every right to these documents.”
That Trump was in possession of classified material is not in dispute, nor is it that the documents should not have been in his possession. Trump’s defense, therefore, hinges on reframing the issue as an unfair political attack. While demonizing the justice system makes it more likely that a jury will let him off, it could weaken institutions set up to run the country. In a democracy, people have to believe the system works for it to continue working, so such a move damages the government as a whole. (Governments have fallen because they lost legitimacy in the eyes of their people.) That no one is above the law is a basic tenet of rule-of-law, but from a practical standpoint, a former president is less likely than an average citizen to be charged for the same crime. (I know a Marine officer given a two-year sentence to Leavenworth for mishandling classified material in a far less egregious manner). To not prosecute in this case, in addition to weakening the rule-of-law, means that handling classified material will be taken less seriously and a lassitude about it will spread throughout the government. In this context, the prosecutor had to ask whether bringing the case forward best served the interest of the country.
Pre-trial proceedings will now begin, where issues such as what evidence is admissible and whether the entire case should be thrown out will be heard. Because this case will likely drag out beyond the 2024 election, a Trump victory in the primary will certainly send this country into untested waters.
Sources:
https://www.cnn.com/2023/06/13/politics/trump-indictment-federal-court-appearance/index.html
https://www.cnn.com/interactive/2023/06/politics/annotated-trump-indictment-dg/
Photo: Bill Clark, CG Roll Call
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