GRAND RAPIDS, Mich. — After former President Donald Trump was charged Tuesday with allegedly mishandling classified documents, an attorney who formerly served the U.S. in the Western District of Michigan, in Grand Rapids, presented a few reasons why the legal unfoldings represented “unprecedented territory.”
First, no other President, past or incumbent, has ever appeared before a federal court to have charges read. Consequently, former US Attorney Patrick A. Miles believes those charges have to be “a tight case.”
“The indictment that came down— I've read, obviously, many indictments during my tenure as U.S. Attorney— this one has so much information and evidence already laid out in there. It’s really pretty amazing. I think the prosecutors in this case knew they had to not be vague and ambiguous and to be crystal clear about why they were charging former President Trump.”
Secondly, Miles notes the judge presiding over Trump’s arraignment was appointed by Trump himself.
READ: Timeline of events leading to Donald Trump's indictment
“That judge would obviously have some allegiance or alignment with, with that former President, maybe a bias. And we saw some rulings by this judge in a civil case that related to the serving of the search warrant at Mar-a-Lago and the review of the documents, and she was impeding the investigation by the grand jury and by the FBI,” Miles commented in an interview with FOX 17.
Also, Trump has been called to the courtroom from the campaign trail. Last November, he announced his intentions to run for the executive office in 2024. This leads to some noticeable exemptions, Miles explains.
“He’s able to travel,” said Miles. “Because he’s a presidential candidate, I think he is getting some special treatment here. But again, the system is working, because he’s still, despite the power that he wants held, the support that he currently holds, he’s still being brought in front of the justice system.”
MORE INFORMATION: What happens during and after Trump's arraignment?
Miles also compared Trump’s case to those of President Biden and former Vice President Mike Pence, who were both recently investigated for mishandling of classified documents, highlighting key differences that he says heightens the severity of his charges.
“To say this was unintentional, this was a mistake, that’s where you have the difference between the Pence documents, the Biden documents, where once they were made aware that they had these documents in their possession, they immediately turned them over.” Miles says.
Trump, on the other hand, refused to hand over the documents, Miles explains, compelling the FBI and then a grand jury to get involved. “Trump was playing games.”
It’s even distinct from the investigation into Hilary Clinton, who was scrutinized for using a private email server while acting as Secretary of State. Among approximately 30,000 emails turned over to the FBI, Clinton had sent about 52 emails containing classified information of varying levels.
Trump had well over 200 documents, Miles said, labeled as classified or above.
According to the official indictment, Trump is facing 37 criminal charges related to his improper handling of classified materials, including storing boxes of sensitive documents at Mar-a-Lago in unsecured spots, such as the ballroom and even a bathroom.
He’s also accused of obstructing government efforts to recover the documents.
“I thought, this is a beyond reckless, careless behavior with secret, top-secret, confidential, classified information,” said Miles. “When you just keep things out in the open, even if they’re in a storage room or in a bathroom or in an office and in a hallway or wherever they might be, but still, it’s a public, essentially.”
At least some of the documents are presumed to include information about nuclear programs and defense programs, which Miles views as a significant factor in his charges.
Trump pleaded not guilty to the indictment. A trial has not yet been scheduled, but the court case will most likely resume at much later date, even as the 2024 election draws closer.
Constitutional law professor Michael McDaniel joined us Wednesday morning to break down some more key takeaways from the Trump arraignment.
