No one is above the law
by A. Altieri D’Angelo
The world knows, by now, that a U.S. grand jury has determined that former President Trump committed 37 federal offenses related to the illegal transfer and mishandling of over 300 highly classified documents and presidential papers. He is charged with willfully attempting to obstruct the FBI's effort to reclaim classified records (some with the highest security classifications) and its investigation.
Trump and his supporters claim the Justice Department is singling him out to stop his election campaign. That is a false claim; he was indicted for breaking the law.
The misuse of government documents and classified information has been the subject of several major investigations in the past. President Biden is under investigation for possessing such papers after he ceased being Vice President. Having checked his files, former President Pence found a few such documents. He was just recently notified that he is no longer subject to any review. Biden's review continues. But they are not the only senior political figures people to be investigated.
Before President Nixon, there were no rules. Presidents could take what they wanted. But Nixon's involvement with Watergate changed the rules. In 1974, when he resigned from office, President Nixon wanted to take his documents and his infamous tape recordings with him. But Congress refused to allow such a transfer. They passed a law that made Nixon's materials public property in effect, and then Congress passed a more sweeping Presidential Records Act in 1978. The Records Act requires that all presidential records be sent to the National Archives once the President leaves office; no exceptions are allowed.
The failure to follow the Records Act rules is a serious matter. Attorney General Alberto Gonzales (a member of the Bush Administration) had inadvertently kept classified documents in a safe at the Justice Department. It was a violation of the rules and was required to be investigated. He was not charged as it was considered a good-faith mistake.
General Petraeus, one of the most decorated military leaders of the country and, at the time, head of the CIA, was found to have disclosed confidential information to his biographer. He was forced to resign from his CIA position and sentenced to two years probation. The difference between Petraeus and Gonzales was that Petraeus lied; he willfully tried to obstruct the FBI investigation.
Hillary Clinton committed a grave error in keeping U.S. State Department e-mails (60,000 in all but 30,000 dealt with government matters) on an unprotected server in her home. This action ultimately cost her the 2016 election. But she was not charged with a crime. The FBI Director, James Comey, used the following four standards to judge if a crime was committed:
- "Clearly intentional and willful mishandling of classified information"
- "Vast quantities of materials exposed in such a way as to support an inference of intentional misconduct"
- "Indications of disloyalty to the United States"
- "Efforts to obstruct justice"
Director Comey did not find that Clinton willfully mishandled classified information. He did say the Secretary was grossly negligent, but that failure was not a reason to indict her. Clinton did not possess classified e-mails at the time. There was no indication that Clinton was being disloyal. And she did not interfere with or seek to obstruct the investigation.
The Inspector General of the Justice Department and the State Department conducted separate investigations and found that Clinton may have been negligent but did not commit any crimes.
It is important to note that Trump, during the campaign, expended a great deal of time and effort crucifying Clinton over the e-mail scandal. He argued that she should be locked up. He promised to protect classified information once he became President. (Many of Trump’s quotes regarding Hilary Clinton are noted in the Justice Department’s indictment. Ironic, isn't it!).
Former Vice President Pence, as noted, was found to have made a mistake, and no charges will be brought against him. His cooperation during the investigation convinced the Justice Department that he should not be charged with a crime.
President Biden is still under investigation but has acted quickly to work with the FBI.
Former President Trump did not pass the Comey test. He took thousands of classified files (not unclassified e-mails). Trump actively obstructed the FBI investigation. He did not protect the files he took; the files were spread all over his Mar-a-Lago resort and accessible by anyone. He even showed the documents to people not authorized to view them. Trump basically broke all the rules.
Trump's actions go well beyond anything Clinton, Pence, Biden, or others did. (Maybe he should be locked up!)
It is too early to say if Trump will be convicted, but the trial will demonstrate that no one (including Presidents) is above the law.