Margot Cleveland speculates:
NONE of the three criminal statutes used to justify the search require materials to be “classified”…
Espionage Act’s plain language does not require material related to “national defense” to be classified. (Preliminary research confirms my reading but want to dig deeper).
Second criminal provision, also doesn’t distinguish between classified and unclassified.
Nor does the third. And IN FACT the third isn’t concerned about Trump’s possession of it, but his “destruction” of it…
…[I]t would seem that any document that WAS classified at some point between 2017-2021 would be definition be a Presidential Record, and viola a crime to keep.
And Nick Arama of RedState adds [emphasis mine]:
…[Trump] didn’t even remove the items — they were sent to him by the GSA. He likely didn’t even know what was there and was cooperating to give them anything they wanted. So it’s going to be hard to impute any kind of actions to him regarding removal. But the aim ultimately here might be to get an indictment and hang him up, even knowing they would likely lose.
I have no idea whether Cleveland’s speculations are correct, but they are certainly plausible. There is little question in my mind that they are willing to do virtually anything to stop Trump, and that they know they don’t need to make it fair because half the country thinks anything is justified in getting after that devil Trump.
And I bolded Arama’s final sentence there for a reason. Back in June I featured one of Caroline Glick’s articles comparing what was done to stop Netanyahu to what had been done to stop Trump. She didn’t foresee the Mar-A-Lago raid and the current renewed attempts to get Trump; she was focusing on what had already occurred, which was plenty. Here’s an excerpt from what Glick wrote about Russiagate:
One of the keys to understanding the Russiagate conspiracy is that it wasn’t only the FBI that operated as one with the Democratic Party. The media was also a full partner. It was a circular operation. Campaign operatives like Sussman farmed false allegations to the FBI to convince it to open investigations. Then they farmed the same fables to the Washington press corps and used the fact that the FBI was also looking into the allegations to convince the reporters to publish the allegations. They then used the media stories to persuade the FBI to keep investigating.
And again, the investigations went on and morphed into the Mueller probe and 24/7 media drumbeat of prejudicial leaks that paralyzed the Trump presidency. All along, all parties involved knew that the allegations against Trump and his advisers were false and originated from the Clinton campaign and the Democratic Party.
It’s a good summary, but you already know those broad outlines. You may be less familiar with what happened to Netanyahu [emphasis mine]:
Netanyahu is standing trial for bribery and breach of trust. The “breach of trust” charge is a subjective catch-all concept that the prosecutors admit wouldn’t have sufficed on its own to bring Netanyahu to trial. The bribery charge was the key to Netanyahu’s political downfall.
Netanyahu’s trial opened last April. Last May he was ousted from office. To date, some 15 prosecution witnesses have taken the stand, and one by one, they have not merely demolished every aspect of the prosecution’s charges against Netanyahu, they have exposed the full partnership of police investigators and state prosecutions in their joint mission to “get Netanyahu,” that is, to oust him from power, at all costs.
To achieve their political goal, the police descended on Netanyahu’s advisers one by one, and gave them the treatment generally reserved for terrorists and violent criminals. They were dragged from their beds at dawn, in front of their families, and carted off to investigation rooms and flea-ridden jail cells. They were denied food. They were subjected to public humiliation in the media. Their electronic communications were illegally tapped. Their families were threatened. Their livelihoods were destroyed.
And the police didn’t let them go until they gave them something—anything—to incriminate the prime minister of Israel.
Since Netanyahu had committed no crime, then-Attorney General Avichai Mandelblit and State Attorney Shai Nitzan reinvented the bribery statute to claim that lawful actions Netanyahu did undertake were criminal.
Like every politician on the face of the planet, Netanyahu sought positive coverage from news organizations. The prosecution decided that this effort amounted to a solicitation of a bribe. Netanyahu signed regulatory decisions that affected a telecommunications firm owned by his friend. The prosecution decided this was a favor—a payment for positive coverage from his friend’s news website. Unfortunately for the prosecution, Netanyahu received terrible coverage from the website. But no matter, the prosecutors simply updated the definition of bribery. They said Netanyahu received “undo responsiveness” from the website’s management to his requests for better coverage, and that was now the definition of a bribe.
…They invented laws just for him. They defined politics and journalism as criminal enterprises to criminalize Netanyahu’s non-criminal actions—which, it turns out, he didn’t even take. They trampled the very notion of the rule of law in their “ends justify the mean” campaign to force Netanyahu from power.
…Just as was the case with Trump and the US media, so in Netanyahu’s case the Israeli media was a full partner in the plot to overthrow him. Throughout the two-year investigation, the media received a constant stream of illegal, and grossly distorted information from police interrogations which carefully selected reporters breathlessly reported daily on the evening news.
Israel’s prosecutors tied their actions to the elections calendar to tilt the results against Netanyahu. And they succeeded.
As I said, that was written in June. Since then, the trial against Netanyahu imploded – for now – and he may end up in power again after the next election.
I quoted liberally from Glick’s piece for reasons that I hope are obvious. The parallels are all too clear. When she wrote the piece, Russiagate was in the rearview mirror, and Trump had been ousted from office (and whether you think fraud may or may not have been involved in the results of the 2020 election that ousted him, it is unquestionable that Russiagate cost him many votes). Now, of course, the Biden administration’s DOJ and the aforementioned Trump-hating FBI are at it again, and this time they mean to do what was done to Netanyahu. They will use any convoluted and never-before-thought-of legal theory to trap him and make it impossible for him to win.
To do this, as Nick Arama points out, they don’t even need to a case that would ultimately hold up in court. He wrote, “the aim ultimately here might be to get an indictment and hang him up, even knowing they would likely lose.”
‘Tis enough, ’twill serve. And with the right (that is, left) judge and/or jury, they could even convict him of something and send him off to prison.