Trump revives impeachment playbook in fight over documents. It's a riskier bet now
with a foreign leader in December 2019, Trump said he felt the effort to impeach him was “a very sad thing for our country but it seems to be very good for me politically.”him for a second time for inciting the Capitol riot on Jan. 6, 2021, he derided it as “a continuation of the greatest witch hunt in the history of politics.”
“He’s just digging a deeper hole for himself—he’s absolutely not helping himself,” says Randall Eliason, a former federal prosecutor who teaches white-collar criminal law at George Washington University Law School. “A lot of his statements have basically confirmed that he had government documents at Mar-a-Lago, and it doesn’t really matter whether they’re classified or not, because the statutes in question don’t require that they be classified, just that they be official government records.
The FBI executed its search warrant on Mar-a-Lago on Aug. 8. Trump himself made the search public, confirming that it happened and decrying it in a public statement later that day. Two weeks later, Trump filed a motion in federal court to stop the FBI from reviewing the documents collected in the search, demanding a special master to review them to filter out information that may fall under executive privilege.
The more Trump thrashes in court, the more heightened the conflict becomes, making it harder for Attorney General Merrick Garland to sidestep bringing charges against the former President if they decide they have evidence of a crime. The legal maneuvering was raised another notch when Trump’s team moved for the release of the search warrant’s underlying affidavit, which contains information the FBI provided to Judge Bruce Reinhart in U.S. District Court for the Southern District of Florida, when requesting permission to search Mar-a-Lago. Reinhart already rejected prosecutors’ argument that the entire affidavit should be kept under seal to protect sources in the investigation.
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