The curious case of Donald Trump

Donald Trump seems to be great at turning a silly affair into a legal nightmare for himself. According to the Presidential Records Act, when a US President ends his term, he is required to return government records from the White House to the National Archives and Records Administration (NARA). It took one and a half years for Trump to complete this simple task. Some time in May 2021, NARA's investigators discovered that Trump had not sent all the government records in his possession. NARA knew that at least twelve boxes were missing. They also knew two documents that had previously garnered tremendous media attention during his presidency were missing. One was the "Love Letter" from North Korean President Kim Jong Un, and another was the Hurricane Dorian tracking map that was illegally altered by Trump with a sharpie.

Officials at NARA sent an email to Trump's attorneys asking about the remaining government records. They received 15 boxes. Fourteen were filled with classified documents. Trump's attorney was unable to attest that all documents were returned. NARA referred the case to the Department of Justice (DOJ) which later issued a subpoena to Trump asking for all classified documents. FBI agents and a DOJ attorney retrieved documents as per the subpoena from Trump's attorney at Mar-a-Lago in Palm Beach, Florida. But the DOJ determined that Trump unlawfully continued to hoard additional sensitive documents even though his attorney, Evan Corcoran, gave them a signed letter saying that all documents were returned. The DOJ then requested a magistrate judge to issue a legal search warrant which was granted. With the search warrant in hand, federal agents raided Mar-a-Lago and recovered more classified documents.

In a recent story in Newsweek, Matt Cannon quoted George Conway, a conservative activist, who has argued that being jailed for something "so stupid, pointless and silly" as keeping classified White House documents would be "fitting" for the former president whom he dubbed "a nihilistic moron."

Later, the DOJ convened a grand jury to figure out whether there were any violations of federal law and a need to indict Trump for committing a crime. Trump tried his best to impede this process. The attorney general appointed Jack Smith as special counsel to investigate this case. Smith is reportedly an efficient prosecutor who keeps a low profile but leaves no stone unturned during investigations.

Although it is not needed for prosecuting cases relating to the Espionage Act, a question arose regarding whether Trump had a profit-making motive for hoarding the classified documents. Jack Smith investigated seven countries with whom Trump has business dealings. Federal agents could not find any profit motivation.

Then, what exactly led Trump to obstruct the transfer of sensitive materials? It appears to be his ego – the belief that he can do anything and get away with it. He does not need to follow any rules. He can fire his gun on Fifth Avenue. Nothing would happen to him.

His niece, Mary Trump, a clinical psychologist, gave a fair analysis of her uncle's maladies. She indicated that her famous uncle suffers from narcissistic impulses. Trump has displayed an extraordinary sense of self-importance by claiming that he is a "stable genius" who can command an army better than generals in a war, discover the remedy for Covid-19, end the Russia-Ukraine war in less than a day, and solve economic woes in no time. But we know his record as US president proves the opposite. Another trait of narcissistic personality disorder is a lack of empathy for others, and Trump has shown this characteristic by throwing many of his associates under the bus. The latest example is Kayleigh McEnany, who served Trump as his press secretary. His constant lying and cheating is characteristic of charlatans and con artists. He thinks he deserves entitlement and special treatment. His hoarding of classified documents attests to this narcissistic trait and led him to a legal nightmare.

He has been indicted with seven counts by the US Department of Justice reportedly under the US criminal code Section 793 for espionage and obstruction of justice. According to Section 793, "Gathering, transmitting or losing defense information... shall be fined under this title or imprisoned not more than ten years, or both." This law completely bypasses the question of classification or declassification. The possible defense argument that Trump can declassify documents in his mind or by waving his fingers now stands moot.

In a recent story in Newsweek, Matt Cannon quoted George Conway, a conservative activist, who has argued that being jailed for something "so stupid, pointless and silly" as keeping classified White House documents would be "fitting" for the former president whom he dubbed "a nihilistic moron."

In spite of all these legal issues, Trump reigns supreme in opinion polls among all possible Republican candidates for the presidential election of 2024. In Five Thirty Eight's poll (moving average on June 9), Trump garnered whooping 53.8 percent against DeSantis's 21.3 percent, who is his closest competition.

How can one interpret this strange phenomenon? Trump is already convicted in a civil suit for sexually harassing and defaming a woman. He was arrested in a criminal case for falsifying business expenses relating to hush money payments to a porn star. Now he is indicted for another alleged criminal offence for stealing and hoarding classified documents. But still, he is very popular in the Republican Party.

Is he the re-incarnated Wizard of Oz with modified DNA – a charlatan who can perform a few tricks and conjure up an aura of greatness? It does not matter how many lies he spews, how many crimes he commits, how many women he harasses – he remains the most popular leader of the Republican Party. It is a travesty of common sense.

Several decades of mendacity, cheating, bullying, and getting away with it are finally catching up with Trump. The Mar-a-Lago wizard, perhaps, will be punished in the court of law, but he remains awfully popular among the Republican masses.

Media companies and comedy shows will have a field day on June 13, 2023, when Trump will undergo the process of surrender, arrest, and arraignment at the Federal Courthouse in Miami, Florida. This is the first time a US president or former president will be indicted on a criminal charge.

Dr Mostofa Sarwar, professor emeritus at the University of New Orleans, is former dean and ex-vice-chancellor of Delgado Community College and former commissioner of the governing board of Regional Transit Authority of New Orleans.