We Must Enforce the Rule of Law While Risking Another Trump Presidency
Democracy becomes meaningless otherwise
Since writing what the Trump Raid tells us, we now know much, much more. None of the damning details about top secret classified documents, nuclear weapons, and a complete disregard for the rule of law has changed anything in conservative circles.
In fact, as David Brooks pointed out, this controversy has injected Trump with new life. It was only last month that Trump polled poorly amongst Republican voters. Half the base wanted him gone.
Now he is more popular, possibly than ever. Trump supporters rallied around Mar-a-Lago late last week to protest the FBI’s search and seizure of classified documents.
There is a significant risk here not only for the Democrats, but for the rule of law. This basic democratic principle states that nobody is above the law, not even former presidents.
Trump knows that his supporters go wild whenever he faces legal or media scrutiny. As long has he frames it (even without evidence) as an attack from the left, from Democrats, from the fake news media, from elites, he can shirk responsibility with his base. More powerfully, he articulates the scrutiny not only as an attack on him, but on YOU, his supporters.
That messaging resonates with a lot of Americans. Unfortunately.
But if the FBI, or any law enforcement body for that matter, fails to enforce the rule of law on someone simply because they are politically insulated, it will no longer mean anything. America will cease to operate as a democracy. The FBI will have to check with political parties or on polling numbers before investigating a politician.
Which is why we must enforce the rule of law, even if it risks another Trump presidency.
Answer this question - why did he take the documents?
There has not been one reasonable explanation. Declassification is a formal process, and as explained below, it’s a losing argument for Trump. His declassification argument still does not explain why the documents left the White House and made their way to Mar-a-Lago.
What did he want the documents for? If you look at Trump through the lens of a mob boss or mafia don, then it’s reasonable to think it’s for blackmail or bribery. Either now or in the near future.
Another explanation is pure vanity. Like any criminal, he may have simply wanted trophies from his time desecrating democratic and constitutional laws and norms. And we know Trump likes trophies. Big league trophies.
Not one Republican, including Trump, has proffered an explanation for this pivotal “why did he do it” question. The reason? Because there are no good reasons.
Even if the documents were declassified, and they likely were not (more on that below), what was Trump’s need to have documents related to nuclear weapons, U.S. national security, and such things as the French President?
If you have a good explanation, enlighten me. I genuinely want to understand.
Most Republicans would prefer to focus on the political hatchet job angle. With no evidence, they have attacked law enforcement, the DOJ, and everyday officers just trying to carry out a search warrant signed by a federal magistrate judge.
Secretly, Republicans are happy inside. Maybe, they think, this will be the end of Trump and we can have the power to carry out his legacy. Without him.
Nobody is happier than Ron DeSantis
The more Trump comes under fire, the more Florida Governor Ron DeSantis can build his case as an alternative to Trump’s 2024 presidential ambitions.
He may make statements like the one above, but inside he is thrilled about the Trump raid. The New Yorker did a great job documenting his fiery ambition and “ends justify the means” approach to becoming the next Republican president.
Too bad his views on the rule of law and the execution of search warrants are terribly inconsistent. Unsurprising.
Republicans today only “back the blue” or support law enforcement when they are not the ones under scrutiny. When Capitol Hill Police fight back and testify against January 6th rioters or when Trump is investigated, the cops must be agents of left wing extremists. Funny how that works.
The DOJ must continue building the case against Trump with cold, hard facts
Attorney General Merrick Garland must keep pressing. He showed incredible fortitude this past week, remaining objective and professional in the face of ugly, unwarranted attacks. He made the right call unsealing the search warrant for the world to see, something Trump could have easily done himself, but was clearly hesitant about doing.
Maybe because it made him sound like “Benedict Donald.”
Garland explained his reasoning for asking for the warrant to be unsealed, and then he stepped away. He let the cold, hard facts speak for themselves. What was taken from Mar-a-Lago. The potential charges at issue.
He needs to continue this approach. In this hyper-polarized environment, he cannot afford to look the least bit biased. Even though there is no evidence the search and seizure he approved was politically motivated. Even though there is no evidence that anyone from the White House or Democratic Party was aware of it in advance. Let alone orchestrated it.
Yet Trump and his supporters will toss around any conspiracy theory until one sticks. From it being a Democratic operation to the FBI planting the evidence, they have no boundaries on their wild, baseless theories.
The more this is politicized, the more likely Trump will win. They don’t need evidence that it was an inside job or Democratic operation. Trump’s base already believes the entire system is rigged. Not only against Trump, but against people like them.
This won’t be easy
The rule of law is at stake, but in the efforts to uphold it, Trump may energize his base and roll to victory in 2024. More than a few Trump supporters were planning for civil war after news of the FBI search and seizure broke. Rallies have been held near Trump properties over the past few days to support Trump.
All the while, nobody knows if he is truly innocent! Nobody.
And from a pure legal perspective, the facts do NOT look great. That’s just being plainly objective, removing my thoughts about Trump the person or politician.
The fact is, it appears Trump lawyers lied to the DOJ and FBI. That never ends well. Trump lawyers said that classified materials had been returned. Given the 11 boxes the FBI removed the other day from Mar-a-Lago - some with classified markings - that obviously was not true.
Also, Trump may think he’s a magician who can wave a magic wand and declassify documents, but that’s simply not true. A president may have broad authority to declassify, but only while they are in office. So it’s not like Trump could declassify anything in 2022.
More importantly, there’s a fairly prescriptive process for declassifying documents. Where is the documentation evidencing that all of these documents were declassified?
This is more than form over substance. Some of the documents the FBI retrieved were of the highest levels of classification. Those typically need to be stored and viewed in a special facility, not at a country club with numerous people walking through its doors (including foreign government officials).
Documents of that sensitivity also usually impact other people, agencies, or national security interests generally. Which is why they need to follow a standard declassification process before they can be declassified.
Finally, even if by some miracle there is evidence these documents were declassified, the laws cited by the DOJ in the search warrant do NOT require them to be classified to carry a charge.
Neither the Espionage Act nor obstruction, for example, require that someone mishandled or disclosed classified information. The Espionage Act makes it illegal for anyone who has information related to national defense to use it “to the injury of the United States” or “to the advantage of any foreign nation.”
Therefore, any information Trump had that meets these conditions could lead to a violation of the Espionage Act. Classified or not.
Some of the documents even reportedly include U.S. intel sources on payroll. This is a whole new level of treachery far beyond the Watergate scandals of the past.
It’s potentially treasonous.
Which is why it is paramount that Merrick Garland uphold the rule of law at all costs here. Even if it leads to Trump winning again. If that happens, we may truly see a civil war anyways.
Garland will need to move fast. If I were Trump, I would announce my 2024 presidential candidacy any day now. Not to make America great again, but to hide under more political cover. To inject more politics into this investigation, making it look even more like it’s politically motivated.
But so long as Merrick Garland stays the course, moves fast, and is clear about the timeline and facts to the American people, the rule of law may just win the day. Holding back for fear of politicizing the investigation or out of fear of political reprisal, gives Trump the same win it does should he overcome an investigation and win the 2024 election.
So we might as well test the limits of American democratic institutions to see if they have any life left.
Elsewhere…
Trump’s Al Capone Moment (TikTok)
The Arrow Sol - a short story about a train that decides the temperature of the world.
China’s Property Crisis Is a Giant Ponzi Scheme - the question is not if it will fail, but when.
What the Trump Raid Tells Us - about the likely charges and Republicans.
Put the Body and Bedroom on the Ballot This November - this is how the Democrats will win the midterms.
Is Climate Change Unsettled? A Book Review - it was an unsettling read, but in a good way.
For more content from Logan Stone, see Polispandit.com and the PolisPandit Podcast.
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