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Home / World

Editorial: FBI raid adds to heat on Trump whether he's eventually indicted or not

NZ Herald
14 Aug, 2022 05:00 PM3 mins to read

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Police stand outside an entrance to former President Donald Trump's Mar-a-Lago estate, last Tuesday in Palm Beach, Florida. Photo / AP

Police stand outside an entrance to former President Donald Trump's Mar-a-Lago estate, last Tuesday in Palm Beach, Florida. Photo / AP

Editorial

EDITORIAL

Revelations about top secret, secret, and confidential documents retrieved by the FBI in a raid on Mar-a-Lago have significantly added to Donald Trump's risk of a criminal investigation.

The FBI search was undertaken with a search and seizure warrant that cites federal laws including the Espionage Act, which has previously been used against information leakers and whistleblowers. It would appear to be a fairly straightforward case to potentially pursue.

Boxes of White House records, which should not have been at Trump's Florida residence after his presidency ended, were removed earlier this year but the documents recovered last week had remained there.

Analysts studying the tea leaves of the warrant have focused on legal sections used for the raid.

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The Justice Department used ones which cover actions such as concealment, removal, destruction, alteration and falsification of documents. The Espionage Act encompasses gathering, transmitting or losing defence information, but ranges from low level to serious offences.

Republicans have accused the Justice Department of political bias and Trump also claimed the papers had been "declassified" while he was in power.

There have been heated rhetoric and threats thrown at law enforcement and an armed man wearing body armour was shot dead by police in Ohio trying to enter an FBI office on Friday. FBI director Christopher Wray had earlier this month told a Senate hearing that violence in the US over divisive domestic issues was "almost a 365-day phenomenon".

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The Mar-a-Lago search is one of several legal ropes coiling around the former Republican president.

The most high-profile one - the question of whether he would face consequences over his role in the January 6, 2021, US Capitol riot - has looked the most unlikely. Any such prosecution of a former president would be unprecedented, and if instigated by the attorney-general ahead of November's Midterm elections would be political dynamite.

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However, Trump's legal jeopardy, which also includes criminal probes into possible election meddling and financial dealings, could combine into a major political setback for him, whether he is charged with anything or not.

At present the raid has reignited resentment among Trump's base. His fans and much of his party still feel compelled to support him as most Republican officials stay in Trumpist lock step.

But that means Trump keeps tying the Republicans into a discredited, highly dubious cult of personality backed by groups pushing policies, such as on abortion, that aren't popular with the majority of voters.

It could well be an ongoing cycle of doom after 2020's election losses. The more entrenched the party is on the fringe, the more a broad group of centrists and independents are left with the Democrats as the reasonable, default option.

The Democrats have their own headwind issues but the party has had a successful couple of weeks, pushing through major legislation, and can argue that no one's above the law.

Trump may still go ahead with a presidential run in 2024, but he would be weighed down with a tremendous amount of baggage.

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Former Trump adviser Sam Nunberg said the FBI raid would help Trump with Republican primary voters. But Trump could be charged with a federal crime linked to the search: "I can promise you that someone under indictment isn't going to get elected president of the United States".

There's also the great irony that Trump's successful 2016 campaign owed a lot to his focus on an FBI probe into his opponent, Hillary Clinton, over whether she mishandled classified information.

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