The NY Case Is Not Trump’s Most Serious Crime

Because of the alleged deficiencies of Donald Trump’s conviction in New York, many Republicans seem to believe that all the accusations against Trump are of the same questionable kind.

However, there are two other cases, one in Florida and one in the District of Columbia, that many Republicans seem to have forgotten. These are far more serious in two respects—first, they involve important federal crimes for which Trump would get a significant jail term if found guilty, and second, they are serious crimes, which, if proven, would show that a Trump presidency could be dangerous for this country.

Both cases have one more element of similarity: because of the characteristic delays of the legal system (aided a bit by Trump’s counsel), it’s unlikely that they will be tried before the election. So US voters will have to decide whether Biden’s obvious deficiencies—or Trump’s—are the most problematic.

There has been a lot published about both Trump cases, but the details are often far down in the articles, and I have discovered many otherwise intelligent people who have not read enough to understand their significance or seriousness.  

The Florida case is about Trump’s handling of top secret documents. They are “top secret” because the US would be seriously damaged if they fell into the hands of our enemies. As President, Trump received these materials to keep him informed, and most presidents are careful to return them after reviewing them. Some Presidents, like Biden, took these documents away from the security of his office and kept them in his home. This was reprehensible, but at least Biden returned these documents when it was discovered that he had them.

Trump, however, did not. When they were discovered at Mar-a-Lago, in some cases where unauthorized people could see them, he did not return them. He hid them from the FBI and failed to comply with a subpoena requiring their return. He also exhibited some of them, as though they were trophies, to people who were not entitled to see them. This demonstrates a shocking lack of interest in national security which could make his presidency a danger to the United States. He was indicted for his actions, but again the case will not be tried before the election.

The other case is—if possible—worse. After he lost the 2020 election, Trump argued, as usual, that the election was “rigged” and “stolen.” There is no evidence of this, and the company that made the film 2000 Mules, which Trump has often cited, recently agreed it was false.

Trump then did something no other losing candidate has ever done; he organized an effort to overturn the election he lost. On January 6, 2021, the date fixed in the Constitution for the counting of valid electoral ballots from the states, he intervened.

Under the Constitution, the Vice President—who is also the President of the Senate—is to open the ballots in the presence of the Senate and see that they are properly counted.

For about a month before January 6, Trump pressed Vice President Pence to set aside and not count the ballots from the states which Trump claimed he had actually won, and to send these ballots back to the state legislatures, many of which were dominated by Republicans.

His plan was to have the legislatures vote for slates of alternative electors that he had organized, electing him President or keeping Joe Biden from having enough electoral votes himself to win. With neither man having a majority, Trump could have claimed he hadn’t lost and was still President. This would have set off a constitutional crisis that would take years to resolve.

Fortunately, Vice President Pence refused to go along with the Trump plan. He did not believe the Vice President had this power under the Constitution. Imagine where we’d be today if Pence hadn’t been made of such fibrous material.

Nevertheless, right up to the key date of January 6, 2021, Trump was telling the crowd he had assembled at the Capitol, “I hope Mike is going to do the right thing.” And after Pence did not follow Trump’s demands, gallows were set up in front of the Capitol with the crowd chanting “Hang Mike Pence.” This . . . in America?

Thereafter, Trump was indicted for attempting to overturn the electoral process, but again delays in the courts have made it highly unlikely that there will be a trial before the election.

Trump’s conviction in New York will not be a mortal blow to his candidacy, but cases against him for violating national security rules on documents—and his effort to overthrow the 2020 election—raise serious questions about whether he can be trusted with the presidency.  

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