Former DOJ official says Trump is protected from classified documents indictment by the Constitution

October 8, 2023

Gene Hamilton, a former Department of Justice official, argued that former President Donald Trump has multiple trump cards against the classified documents indictment brought against him by President Biden's DOJ.

Hamilton believes that the case being led by Special Counsel Jack Smith is the weakest of the indictments that Trump is facing.

The former DOJ official stated, "You hear a lot of arguments, and you see a lot of arguments on social media, and other commentators have rightly pointed out that under the Presidential Records Act, the President gets to decide which records are his and which ones aren’t."

Trump has repeatedly pointed out that he was entitled to declassify and possess any documents he chose to, thanks to the PRA.

Hamilton further explained, "And I think for that reason, any interpretation or application of the Presidential Records Act that says that ‘Oh, Donald Trump didn’t have authorized possession of these papers, of these records, so therefore he can be prosecuted for mishandling them,’ is faulty, it’s unconstitutional."

However, it seems that Jack Smith and Biden's DOJ aren't concerned with losing this case. Rather, they are merely seeking to damage Trump's presidential campaign and give President Joe Biden an advantage in 2024.