Constitutionalist Lawrence Douglas replies, “The Espionage Act prohibits possession of national security information without authorization.”
1 What Risks Trump Risks for Classified Document Requirements in Mar-a-Lago?
We answer Lawrence Douglas, law professor at Amherst College in Massachusetts. Trump is under investigation for violating three laws: Section 2071 “provides for three years in prison and possible disbarment from office” but whether or not it can in fact prevent Trump’s new candidacy or not is “controversial among experts”; the Espionage Act of 1917 prohibits unauthorized possession of national security information that may harm the US or aid enemies (“10 years in prison; you must not possess such documents intentionally, negligence will suffice”); Section 1519: 20 years in prison for obstructing the investigation.
2 What are the other investigations?
A criminal investigation is ongoing in Georgia into possible vote-interference, beginning with Trump’s infamous phone call to Secretary of State Raffensperger seeking more votes. Trump and his allies like Rudy Giuliani are prosecuted for conspiracy and incitement to voter fraud and willful interference in elections. “However, the intention has to be proven, which means that they clearly knew they hadn’t won.” Another criminal investigation into tax fraud initiated by Manhattan District Attorney Cyrus Vance was instead stayed by his successor, Alvin Bragg. “But it is not impossible – explains Douglas – that new evidence will emerge”. The civil tax fraud investigation by Manhattan Attorney General Letitia James accuses the Trump Organization of inflating the value of real estate to obtain loans and favorable policies from banks and insurance companies. The company should pay a fine to the state in case of debt. The commission conducting the congressional hearings on the Jan. 6 Capitol attack has no power to impeach Trump but can question Attorney General Merrick Garland, who has not moved. The Justice Department has its own parallel investigation that is not limited to the January 6 events but covers the entire attempt to overturn the election.
3 To what extent is the Attorney General (Minister of Justice and Attorney General) independent of the President?
“Technically, the Justice Department is part of the executive branch, the President appoints the Attorney General. On the other hand, the Attorney General is the highest law enforcement officer and as such is accountable not to the President but to enforcement of federal law and the Constitution. Interestingly, in Trump’s case, the threat of a mass resignation at the Justice Department ultimately thwarted his attempt to install Jeffrey Clark as its head. Independence has more to do with norms and institutional culture than with a clear normative separation between the President and the Attorney General’s office.
4 If Trump runs for President, can’t he be impeached?
no The Justice Department doesn’t expect an incumbent president to be indicted, but neither does a candidate. “It would be interesting to see what happens if Trump declares his 2024 candidacy and is impeached. Paradoxically, he could win the elections and be convicted – notes Douglas – Crazy hypotheses, but we have to consider them because of the scenarios that Trump presents to us ».
August 16, 2022 (change August 16, 2022 | 23:22)
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