06/15/23

Last week Special Counsel Jack Smith, representing the U.S. Department of Justice, indicted former President Donald Trump in federal district court in Florida.

Let’s be clear:

• The indictment was not part of the Justice Department’s investigation of Trump’s allegedly instigating the mob at the U.S. Capitol on January 6, 2021, as part of a plot to overturn the results of the 2020 presidential election.
• Nor was it related to the District of Columbia attorney general office’s investigation of the same event.
• It was not part of Fulton County, Georgia, District Attorney Fani Willis’ investigation of Trump’s alleged attempt to get Georgia Secretary of State Brad Raffensperger to “find 11,780 votes” in that election in order to make Trump the winner in that state.
• It was not part of Manhattan District Attorney Alvin Bragg’s 34-count felony indictment of Trump for falsifying records in an alleged hush-money scheme involving payoff of pornography personage Stormy Daniels.
• It was not part of New York Attorney General Letitia James’s civil investigation into the Trump Organization’s alleged fraud regarding the value of the company’s assets.
• It was not part of the Westchester County district attorney’s investigation of the Trump Organization in New York State for allegedly misleading local officials about Trump National Golf Club’s value in order to lower its tax bill.
• It was not part of the lawsuit brought by 10 U.S. House members against Trump and others for allegedly trying to prevent Congress from certifying the 2020 electoral votes on Jan. 6, 2021.
• It was not part of the lawsuit brought by U.S. Representative from California, Eric Swalwell, against Trump and others for allegedly violating a federal civil rights law in the attempt to block the electoral vote count.
• It was not part of three separate lawsuits by U.S. Capitol police officers for emotional and physical injuries they sustained during the Jan. 6 attack.
• And of course it was not part of E. Jean Carroll’s defamation lawsuit against Trump when he accused her of lying regarding an alleged sexual attack on her by Trump in a New York City department store. Trump was found liable of the defamation charge and of sexual abuse and ordered to pay Carroll $5 million. After comments Trump made about Carroll following the decision, Carroll sued him for considerably more additional money.

No. Last week’s federal indictment was on 37 felony counts involving Trump’s handling of classified records of which he retained possession after he left office Jan. 20, 2021.

The counts are as follows: 31 counts of willful retention of classified documents, 1 count of conspiracy to obstruct justice, 1 count of withholding a document or record, 1 count of corruptly concealing a document or record, 1 count of concealing a document in a federal investigation, 1 count of scheme to conceal, and 1 count of making false statements and representations.

Currently Trump retains his innocence before the law, unless and until he is proven guilty. Democrats would do well to restrain themselves from unduly piling on until the federal district court trial is completed and the verdict rendered.

And Republicans would do equally well to refrain from automatic claims of Trump’s innocence, or from equating the charges against him with Hillary Clinton’s use of a private server when she was Secretary of State, or President Biden’s and former Vice President Mike Pence’s retention of documents from their previous terms in office.

The investigation of Clinton found her careless with her technical data storage but not guilty of crimes. Biden and Pence returned their documents when requested to do so. What they all did holds no candle to what Trump is accused of.

Many Republicans were and are extremely critical of Clinton’s handling of documents—remember “lock her up?” But so far they have given Trump a pass, and refuse to say what the consequences of his actions should be if he’s found guilty. Can’t have it both ways.

The 37 counts will play out in federal district court, and possibly on up through a court of appeals to the Supreme Court. How the Trump campaign, his Republican opponents, and his faithful supporters handle the situation will say a lot about his party, and ultimately about the American people. ♦