Speculations are swirling about the possibility of federal prosecutors seeking a grand jury to arrest former President Donald Trump on charges of mishandling secret papers after his tenure. Such a move, if it materializes, would be unprecedented, as it would involve targeting the leading contender of an opposition party’s presidential campaign in the United States. The implications for public trust in democracy and the rule of law would be severe, causing a significant rupture.
However, the allegations against Trump’s mishandling of papers seem tenuous based on the information made public so far. There is no established protocol for declassifying documents, and as president, Trump possessed broad authority in this regard. The sensational rumors suggesting that he took nuclear codes and other sensitive national security information to his Mar-a-Lago estate have been thoroughly debunked. Similarly, obstruction of justice charges appear speculative and could serve as a fallback option for prosecutors.
A clear double standard is evident when comparing Trump’s situation to that of others. Hillary Clinton faced no prosecution for mishandling classified information despite her actions. Instead of turning over relevant documents to the Department of State, she destroyed them and had her staff destroy the phones containing her emails, which were stored on an unauthorized private server at her home. These actions potentially aimed to conceal illicit fundraising activities for the Clinton Foundation.
Even former Vice President Joe Biden, who criticized Trump’s handling of sensitive data as “irresponsible,” has been involved in similar practices. When leaving the Obama administration, he retained sensitive materials, which his son, who had no declassification authority, had access to and stored in his home garage. Allegedly, unapproved file boxes were also kept at the Penn-Biden Center, funded by Chinese sources.
Biden himself took records from his Senate days and placed them in the University of Delaware archives, which remained sealed until the FBI searched them following public complaints. While convicting a sitting president may be an insurmountable task, it is perplexing that President Biden has seemingly evaded prosecution for potentially more serious offenses over the years.
Unlike the raid conducted on Trump’s Mar-a-Lago property, the FBI never stormed Biden’s residence, treating him with the same suspicion. The appointment of a special counsel by Attorney General Merrick Garland to investigate claims against Trump and materials related to Biden highlights the partisan nature of such actions, disregarding larger allegations against the Biden family.
Should Trump face criminal charges, the Republican Party would likely rally around him, which may be precisely what the Biden administration anticipates. However, this would further erode the credibility of the Department of Justice, which never offered an apology for its relentless pursuit of Trump since 2016. Such actions would undermine public confidence in the justice system, extending beyond Trump’s core supporters.
While Democrats insisted that no one is above the law during Trump’s impeachment proceedings, it is essential to remember that the same principle applies universally. The extraordinary indictment of Trump in Manhattan in April and the subsequent abuse, surveillance, and harassment he has faced surpass anything endured by any previous president or presidential candidate. This is not a reflection of Trump’s conduct alone but an outcome of uncharted territory being explored.
Trump’s desire to investigate his main opponent prior to his initial impeachment has seemingly materialized with Biden and Garland’s actions. Despite legitimate concerns about Biden’s potential corruption and its implications for national security, the focus remains on trivial matters, such as missing dinner napkins. Bringing charges against Trump would unleash a Pandora’s Box of destructive emotions and further fracture an already divided landscape.