Analysis: Trump may find it useful to sabotage his legal defense if it aids his political campaign.
As he was rolling along in the comments he offered outside his golf club in Bedminster, N.J., on Tuesday evening, former federal prosecutor Andrew Weissmann noticed something.“Whatever documents the president decides to take with him, he has the right to do so,” Trump said in his speech. “It’s an absolute right. This is the law. And that is something that people have now seen.”
“When you are charged with the illegal retention, the illegal possession of the documents,” Weissmann, “it is not a good idea to say, ‘Hey, you want to know why I took these? Because I could.’ That is not a defense to that charge. That is an admission to the charge.” That’s because there’s another way in which this entirely unprecedented situation is unprecedented: Trump’s freedom may be contingent not on the success of his trial but of his campaign.
“The Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties,” it concluded, “and would thus violate the constitutional separation of powers.”
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