The Latest Trump Indictment: Have Republicans Still Not Reached the Breaking Point?

Donald Trump has now been criminally indicted for the second time this year, with perhaps more to come.^[1]The same prosecutor who brought these charges is also investigating Trump’s actions relating to the January 6 attack on the Capitol, and authorities in Georgia are investigating him for possible … Continue reading  The second indictment, brought by federal Department of Justice Special Counsel Jack Smith, involves Trump’s alleged improper possession and handling of classified documents and obstruction of efforts by federal officials to recover them.

This indictment elicited the usual response from Trump.  He claimed to be totally innocent, once again the victim of a “witch hunt” conducted by a corrupt, even deranged, prosecutor. The reaction of many other prominent Republicans and their media allies was more disturbing, although just as  predictable. They joined Trump in condemning the Justice Department, echoing his claims that the indictment was politically motivated and a case of selective prosecution.

It’s true that Trump has been subjected to arguably partisan and unfounded legal attacks. The Russian collusion accusations that consumed much of his presidency have been thoroughly debunked. And Trump’s first indictment in New York relating to Stormy Daniels hush money payments was greeted by widespread skepticism as legally dubious and politically motivated. However, this second indictment is much harder to downplay.

It’s also true that many prominent officials—including President Biden, Hillary Clinton, and Mike Pence–have been lax (to say the least) in their treatment of classified documents. Moreover, leaking classified information is standard practice in Washington. The key difference here is that, according to the indictment, Trump engaged in obstruction and deceit in rebuffing federal officials seeking the return of classified documents. Paragraph 7 of the indictment alleges that Trump–

• • • suggested that his attorneys falsely claim to the FBI and grand jury that he did not have subpoenaed documents;
    • directed a staffer to conceal the documents;
    • suggested that his attorney hide or destroy the documents; and
    • caused a certification to be submitted to the FBI and grand jury falsely claiming that all subpoenaed documents had been produced while knowing that this was not true.

Even many legal experts on the right recognize that the charges here are fundamentally different and far more serious than previous accusations. (See, e.g., here, here, here, and here.) Bill Barr, Trump’s former attorney general, pulled no punches in a TV interview, observing that if even half the indictment can be proved, Trump is “toast.” He added:

“It’s a very detailed indictment and it’s very, very damning. This idea of presenting Trump as a victim here, a victim of a witch hunt, is ridiculous. Yes, he’s been a victim in the past. Yes, his adversaries have obsessively pursued him with phony claims. And I’ve been at his side, defending against them when he is a victim. But this is much different. He’s not a victim here.”^[2]More recently, Barr authored a comprehensive analysis of the indictment, including a point-by-point rebuttal of arguments seeking to minimize it.

Like anyone else, Trump is entitled to a presumption of innocence. However, Republicans, including several of his competitors for the GOP presidential nomination, were not content simply to make that point. Instead, they chose to join Trump in questioning the legitimacy of the charges. Trump’s supporters generally avoided addressing the facts laid out in the indictment. Rather, they focused on the Justice Department’s failure to pursue prominent Democrats who mishandled classified information.

As noted above, however, the others did not engage in the type of obstruction and lies that Trump is accused of here. Indeed, his alleged behavior in this case is all too typical of and unique to Trump. His long history of serial deception, flouting governmental norms, and showing contempt for the rule of law has already demonstrated his unfitness for public office. Yet most Republican voters as well as many of their elected officials and media boosters still accept Trump as their champion.

Sadly, much of the Republican Party has lost its moral compass and its common sense. While Trump’s latest indictment still may not be enough to dissuade his core supporters, it probably will further alienate the larger public and jeopardize his election prospects even more. Republicans can look forward to another round of election losses in 2024 unless they somehow come to see and acknowledge Trump for what he is and part ways with him.