Tuesday, June 6, 2023

Fiat Justitia Ruat Caelum

For over two years, Donald Trump has been evading accountability for mishandling classified documents while he was president and after leaving office. He has claimed that he is above the law and that the Justice Department is biased against him. He has accused his political opponents of conducting a witch hunt and a hoax. He has tried to obstruct the investigation by refusing to cooperate with the special counsel and pressuring his loyalists to do the same. He has shown no remorse for his actions, which endangered national security and violated his oath of office.

But now, the time of reckoning may be near. According to multiple media reports, federal prosecutors are wrapping up their investigation into whether Trump broke the law by retaining sensitive government materials at his Mar-a-Lago resort and lying about it to investigators. They have convened a grand jury and are expected to make a charging decision soon. If they decide to indict Trump, he will become the first former president in U.S. history to face criminal charges. There’s a first time for everything.

This would be a momentous and unprecedented event but also a necessary and justified one. Trump’s conduct was not only reckless and irresponsible but also criminal. He violated the Presidential Records Act, which requires presidents to preserve and transfer all official records to the National Archives when they leave office. He also violated the Espionage Act, which prohibits anyone from possessing or disclosing classified information without authorization. He exposed U.S. secrets to potential adversaries and compromised U.S. interests and allies.

Trump’s defense that he was entitled to keep the documents as a former president is baseless and self-serving. The law makes no exception for former presidents, who are still bound by their duty to protect national security. Moreover, Trump did not keep the documents for any legitimate purpose but for personal and political gain. He used them to boast about his achievements, solicit supporters’ donations, and undermine his successor.

Trump’s lawyers have reportedly met with Justice Department officials to argue that he should not be charged in the case of the documents. They have complained about perceived misconduct by some prosecutors and have asked for a meeting with Attorney General Merrick Garland. They have also tried to invoke a double standard by comparing Trump’s case to that of former Vice President Mike Pence, who was not charged after a classified document was found in his Indiana home last year.

These arguments are weak and desperate. There is no evidence of prosecutorial misconduct or bias in the investigation, led by a respected and independent special counsel. There is no basis for a meeting with Garland, who has rightly recused himself from any involvement in the case. And there is no comparison between Trump’s case and Pence’s case, which involved a single document that was inadvertently left behind by Pence’s staff and that was promptly returned to the government without any harm or disclosure.

The Justice Department should not be swayed by Trump’s lawyers, political pressure, or interference. It should follow the facts and the law wherever they lead. It should uphold its mission to ensure equal justice under the law for all Americans, regardless of their status or position. And it should hold Trump accountable for his crimes against the nation.

Prosecuting Trump is not political; not prosecuting him would be.

It’s about time Donald Trump faced justice.