The Presidential Records Act may be the least of Donald Trump's legal liabilities after the National Archives recovered official White House documents at Trump's Florida resort, a former federal prosecutor argues.
"The National Archives and Records Administration has asked the Justice Department to examine Donald Trump’s handling of White House records, sparking discussions among federal law enforcement officials about whether they should investigate the former president for a possible crime, according to two people familiar with the matter. The referral from the National Archives came amid recent revelations that officials recovered 15 boxes of materials from the former president’s Mar-a-Lago residence in Florida that were not handed back in to the government as they should have been, and that Trump had turned over other White House records that had been torn up," The Washington Post reported. "Archives officials suspected Trump had possibly violated laws concerning the handling of government documents — including those that might be considered classified — and reached out to the Justice Department, the people familiar with the matter said."
During an appearance on MSNBC, former federal prosecutor Glenn Kirschner said, "the National Archives story is actually a danger zone for Trump in a couple of different ways. Even though the Presidential Records Act is largely toothless, there is a closely related federal statute, 18 U.S. Code § 2071, which provides for criminal penalties for the concealment, removal or mutilation of federal records."
“Not only is that a 3-year federal felony, but importantly anybody who is convicted under that statute is prohibited from holding federal office,” Kirschner added.
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