This article appeared online at TheNewAmerican.com on Tuesday, August 8, 2022:
The raid by the FBI on Trump’s Florida residence has nothing to do with “national security” or the “National Archives.” It has everything to do with finding something — anything — in those 15 boxes to nail him under a law that, if he is convicted, would prevent him from ever running for president again.
The hubris of Marc Elias — who served as Hillary Clinton’s top lawyer in her failed 2016 presidential campaign and was invested heavily in almost all of the Deep State’s attacks on Trump since then — not only may be his undoing, but also may help propel Trump into the presidency in 2024.
On Monday — 48 years to the day after President Nixon resigned from the presidency — the raid on Mar-a-Lago was followed by rejoicing by Elias on Twitter:
The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics.
This revelation was followed by a screen shot of U.S. Code Title 18, Section 2071, with the following text highlighted:
[Anyone] having the custody of any such record [filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States], proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. [Emphasis added.]
On the surface, it appears that the FBI could either find, or create, evidence that could be used to charge the former president under this law.
But a closer look reveals that Hillary Clinton escaped prosecution under this identical law when she destroyed those highly sensitive personal emails. In fact, then-Attorney General Michael Mukasey sought clarification and found that “disqualification extends only to statutory or appointed offices, but not to any constitutionally-mandated or elected positions.”
Since Trump was elected and not appointed, he could run in 2024 even if he were in jail.
But that is highly unlikely, as Elias noted in a follow-up tweet:
Yes, I recognize the legal challenge that application of this law to a president would garner (since Qualifications are set in the Constitution).
But the idea that a candidate [Trump] would have to litigate this during a [presidential] campaign is in my view a “blockbuster in American politics.”
On the contrary, it could turn out that the raid on Mar-a-Lago was the greatest law-enforcement mistake ever made in American history. It could galvanize Trump’s base and cement into place his reelection in 2024 while destroying what might remain of the FBI’s credibility, possibly leading to its dismantlement and restructuring by Congress.
Trump is the Teflon President, having survived all efforts by the Clinton camp, the Democrat establishment, the administrative agencies (i.e., the Deep State), the NeverTrumpers, the sold-out media, and the RINOs to get rid of him. In announcing the raid on his Florida residence, Trump said:
After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate.
It is prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radical Left Democrats who desperately don’t want me to run for President in 2024.
His announcement that he will run for re-election in 2024 is expected shortly. Until then, this three-minute ad that he released following the raid will suffice.