by Wallace Garneau, America Outloud:
Federal prosecutors probably do have Donald Trump in a federal felony and might be able to throw him in prison for up to five years.
A former President retains access to all classified material generated during their presidency. Each former President retains that access for the rest of their life. However, nobody, including former presidents, has the legal right to store classified materials in unauthorized locations such as a Penn State office, their garage next to their Corvette, Hunter Biden’s apartment, Obama’s estate in Hawaii, the Clinton compound, or Mar-a-Lago.
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It is common for former Presidents to take classified materials with them when they leave, and there are legitimate reasons to do so, such as writing a memoir. Nevertheless, every time a former President or anyone else, like Joe Biden, takes classified materials home, it is illegal. Every time.
However, Bill Clinton, George W. Bush, and Barack Obama are not prosecuted for it. Joe Biden did not retain access to classified material when he left the Vice Presidency. Therefore, unlike Trump, who is only guilty of having classified materials in an unauthorized location, Joe Biden is also guilty of accessing classified information without authorization. Hillary Clinton ran classified materials through an illegal email server that was hacked by anyone who wanted to access it, but she is not facing any consequences for that.
Regardless, using the legal strategy of saying, “Okay – maybe I am guilty of a felony that can lead to up to five years in prison, but you did not prosecute other people,” is a weak defense. It might be a good argument against a strict penalty, but Trump is indeed guilty of a federal felony, and I suspect he will be found guilty if prosecutors can demonstrate that he personally put those materials in Mar-a-Lago (rather than someone working for him doing it).
That is the critical piece. All the other charges Trump is facing (there are seven charges) are process-related, such as obstruction of justice. One cannot charge Trump with obstruction of justice unless there is an underlying violation to obstruct justice with. So, if Trump is guilty of illegally storing classified materials in an unauthorized location, and prosecutors can prove that he did it himself and not someone working for him by mistake without his knowledge, he is guilty and will likely be found guilty.
However, the real question is not whether Trump is guilty. As mentioned earlier, all recent former Presidents have been guilty of this. The REAL question is why Trump is being charged while nobody else is, including the other former Presidents, former Vice Presidents, and a former Secretary of State, who are all guilty of this crime.
The prosecutor may argue “prosecutorial discretion,” but the truth is that Trump is being charged for two reasons and two reasons only:
1 – Republicans are upset about the political nature of this, which helps Trump in the primaries, and
2 – Team Biden hopes to either eliminate Trump from the general election with a conviction or to exploit these legal cases to distract his attention and weaken him in the General Election.
Understand that Team Biden believes Democrats will show up in masses to vote against Donald Trump, whereas, against anyone else, there is absolutely no excitement on that side of the fence. If someone other than Trump were to win the nomination, they are afraid Joe Biden could lose not just traditional swing states, but everywhere. If you only need to flip one or two close states, you can potentially do that by cheating. In an emergency like 2020, Democrats might be able to flip five or six close states, maybe even seven. But how do you flip twenty? And how do you flip swing states when they are not competitive at all?
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