2-12-2022
Trump’s criminal intent ‘not that hard’ to prove in White House records scandal:
This week the National Archives revealed it was forced to arrange to transport the cartons, which by law are federal property under the Presidential Records Act of 1978.
NARA also revealed it is awaiting Trump to return other undisclosed items. On Wednesday the National Archives
asked the Dept. of Justice to investigate Trump's handling of White House materials.
First, there's the Presidential Records Act, under which "he was not supposed to whisk these boxes of presidential records down
to Mar-a-Lago because they belong to the National Archives,"
said Kirschner, a former federal prosecutor.
"There's a criminal statute for concealment, removal or mutilation of documents."
"There seems to be a good bit of reporting that he mutiliated documents in all sorts of ways, some more creative than others.
That is actually a three-year federal felony, and it comes with a ban — a ban from holding public office in the future."
"And then there's a third federal statute, improper removal and retention of classified materials."
"That's a five-year felony.
So if any of these charges were actually brought against him,
he could be in hot water."
Noting that prosecutors would have to prove that Trump intentionally violated the law, Kirschner said he doesn't think it would be difficult.
"I prosecuted lots of folks. Nobody ever said I intended to commit a crime," he said. "You prove intent by looking at conduct, looking at statements and inferring what was in somebody's mind, that they were acting intentionally and in violation of the law.
And given the pattern of document destruction —
I think former White House press secretary Stephenie Grisham said, 'We had no rules, and Donald Trump obsessively destroyed documents.'
I think that if you look at his conduct over the course of time, if you look at the briefings that he undoubtedly received about how to treat documents, including classified materials, proving intent
is not that hard. Will (Attorney General) Merrick Garland bring those charges? It's anybody's guess."
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