The headlines are damning: Trump had national security documents or classified documents or nuclear secret documents in his possession, a clear criminal violation. One former CIA head even put out a tweet effectively saying that Trump should be executed for treason. Everyone who believes Trump committed a criminal act is wrong. These claims completely misunderstand the nature of Trump’s (indeed of every president’s) plenary power and how it plays out with respect to documents and classified information.
The left is ecstatic. The Washington Post hollered, “Trump warrant papers list 11 sets of classified documents seized.” The Atlantic assured readers that […]