Observations on the Mar-a-Lago Raid
https://www.powerlineblog.com/archives/2022/08/observations-on-the-mir-a-lago-raid.phpThere is much to be said about the FBI’s raid on Donald Trump’s home. I won’t try to say it all here. These are a few observations, based on what we know currently:
* To get a search warrant, you have to identify a crime that has been committed, and explain how evidence you are looking for is relevant to that crime. At this point, we don’t know what purported crime was the basis for the Mar-a-Lago search warrant.
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* The DOJ, in its many press leaks, mostly to its in-house media organ the New York Times, keeps talking about classified information. This is because no penalty attaches to violation of the Presidential Records Act. The Biden administration has to allege the commission of a crime, and that most likely explains its references to classified information.
* I have no idea whether classified information is included in the 15 boxes that Trump has in his basement or not. It wouldn’t be surprising. The serious criminal statutes on classified information relate to passing it on to, say, the Russians or Chinese. As far as we know, there is no suggestion that Trump gave classified information to anyone. He was perfectly entitled to know it and to view it himself; the issue is that he may have taken it to an unauthorized location, i.e., Mar-a-Lago. Until now, this has generally not been considered a serious offense. Sandy Berger is an exception, although he got a slap on the wrist. But in his case, the point was that he stole a document from the Archives, apparently something damaging to the Clinton administration, so as to delete it from the historical record. There is no such suggestion, as far as we know, with regard to Trump.
* Many people have drawn analogies between what Hillary Clinton did and whatever misdeed Trump may now be charged with. I don’t see any comparison. Hillary, while Secretary of State, conducted official business on an illegal, off-the-books server located in her home, apparently for the purpose of evading the Freedom of Information Act. Most notably, the server was insecure, and the Russians, Chinese or others could have, and likely did, intercept her official communications as Secretary of State. Trump, on the other hand, has 15 boxes of documents in his basement. There is no comparison.
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