With President Trump’s recent indictment, the weaponized Department of Justice (DOJ) put the two-tier system of justice on blast for the American people to observe. But will it backfire? Will the DOJ’s politically motivated misconduct slam shut the coffin of justice as we know it, destroying America’s faith in the justice system, or will it be their undoing?
Ironically, the indictment itself serves as President Trump’s exoneration. For over two years, we heard endlessly from the legacy media and their leaked stories from DOJ government gangsters that Trump unlawfully took countless classified documents — ones he wasn’t permitted to do so under the law. But when the DOJ finally went to the grand jury to seek charges, they must have forgotten to ask the jurors to return an indictment matching their years-long escapade.
If Trump had so egregiously taken so many classified documents unlawfully, certainly that would be the charge leveled in the indictment. Yet, upon review, the DOJ sought no such charge. Instead, they reached back 105 years to the Espionage Act and what’s known as National Defense Information regarding retention.
Quick histrionics: classified information didn’t exist by statute in the United States until the mid-20th century. Thus, by legal definition, charging President Trump with a statute that predates the creation of classified information, when they could’ve opted to charge him directly, legally precludes the DOJ from saying he took any classified documents. If you are going to shoot your shot, shoot your shot, if you are going to kill the king, kill the king. They not only missed, but their legal arrows are headed back towards their own heads.
Surprisingly, we turn to the Clintons for Trump’s innocence. The DOJ established the legal precedent for prosecution of this same piece of the Espionage Act statute when ‘investigating’ Hillary Clinton. Hillary knowingly sent over 3 dozen emails containing actual classified information on an unsecure home server (two of the people who sent and received classified intelligence were Jake Sullivan and William Burns). Hillary was said not to have the intent necessary for any reasonable prosecutor to bring the case. Sullivan and Burns similarly were not prosecuted. Instead, they received promotions and are now serving as the National Security Director to Biden and the Director of the Central Intelligence Agency.
Now for Bill. The Presidential Records Act protects every past president from prosecution for taking documents from his time in office upon leaving and the courts have decided that protection is ultimate in the “Clinton Sock Case,” where Bill Clinton took secret tapes after leaving office, hid them in his sock drawer and DOJ/NARA sued for their return. The court ruled definitively that the DOJ has no authority to pierce the Presidential Records Act, and those tapes have never been released.
So if Trump illegally had classified documents, charge him for it. But the DOJ did not. If Hillary could not be charged by any reasonable prosecutor (as infamously laid out by then FBI Director, James Comey), neither can Trump. If the courts found Bill to have absolute immunity from prosecution based on the Presidential Records Act, so should Trump.
Layering onto this vindictive system of Jenga justice is historic prosecutorial misconduct. The two lead prosecutors, Special Counsel Jack Smith and his deputy Karen Gilbert, have either been shellacked by a Supreme Court reversal 8-0 in the case of former Governor Bob McDonald or caught unlawfully recording a defense attorney and his team during an ongoing prosecution. Gilbert authorized it and she was about to be severely punished for her gross violations of law and ethics by the federal court in Miami in 2009, when she abruptly resigned.
When asked by the presiding judge under oath if she had sought any approval for this illegal eavesdropping, she said “she thought she had.” Dr. Ali Shaygan, the defendant in that case was acquitted of all 141 felonious counts. And these are the same attorneys that got a D.C. judge to break Trump’s attorney-client privilege. See a pattern?
President Trump and the federal courts now have a unique ability to rectify the two-tier system of justice simply by utilizing the Clintons, Comey and the DOJ’s own contradictory indictment. And let’s not forget Special Counsel Jack who stated last week, “We have one set of laws in this country, and they apply to everyone.” Good, then apply them, and since we know the DOJ won’t, it is up the Judge. These government gangsters have been running roughshod over American justice for far too long. It is ironic that its own demise will be brought on by its very creators. So much for the DOJ staying out of presidential elections.
Kash Patel is a former Federal Public Defender and National Security Prosecutor. He is currently a Senior Advisor to President Trump and the host of Kash’s Corner on Epoch Times.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller.