CBS News legal analyst Rikki Klieman and CBS News investigative correspondent Catherine Herridge join “Face the Nation” to discuss what’s in the indictment — and what it means for Trump. [Transcript Here]
Before getting to the video, it’s valuable to see Rikki Klieman representing the interpretation of the media outlook toward the indictment handed down by Special Counsel Jack Smith. It is also valuable to see CBS’s Catherine Herridge represent the defenders of the institutions, from the outside vulgarian personage of Trump.
Klieman buys the Lawfare narrative completely, including the framework of classified documents as opposed to documents containing classified markings. She sells the Lawfare outline as gospel and makes all assertions from that position. Herridge looks at how the bureaucracy responds to Trump, including how the institutions hold power of determination higher than a President of the United States.
Bill Barr said emphatically earlier today, “The documents do not belong to Trump,” continuing with “The documents belong to the government who created them, not the man for whom they were created.” So sayeth the defender of the omnipotent Dept of Justice. This is where a sharp intellectual knife to cut through the chaff and countermeasures is needed, and notice no one brings up the visible and practical deconstruction point.
If the documents did not belong to President Donald J. Trump, then why did the government dump them in the parking lot of the White House and tell him to deal with them?
If the documents belonged to the government, and not to the man for whom they were created, then why did that same government give them to him and force him to take them to a location of his choosing? Can you see the obtuse argument fall apart when simple pragmatic questions are raised?
The institutions are presented, by the sellers of the Lawfare narrative, as higher than the authority of the President of the United States. This is how ridiculous our government has become.
Institutions are not omnipotent entities; they are buildings and networks full of people who facilitate processes that are an outcome of policy. Those buildings and offices are not the government. The elected politicians who we send to Washington DC are not subservient to the processes, norms and morays they determine within the bureaucracy that the politicians are in charge of.
The argument(s) against Donald Trump are akin to a business saying that all work product created during the tenure of employment belongs to the enterprise of the business and not to the employee. If you want to hold that line of thought, fine. However, you then need to reconcile that the business enterprise intentionally gave all the work product to the employee, dumped it in their lap, told them to take it and leave, and then comes back at a later date and says – we now need to review the stuff we forced you to take because some of it might not actually belong to you.
Does this happen anywhere else? Of course not.
The fact that the National Archives and Record Administration refused to take custody of the documents upon the end of the White House tenure, combined with the fact the NARA dumped those documents in the parking lot of the White House for Trump to deal with, is a direct statement the bureaucracy was telling President Trump these are your records. His records – not their records on loan to him.
The Presidential Records Act is the overriding legislative guidance for the flow of work product post-term in office. These are essentially document arguments. The fact that NARA together with the Biden administration would weaponize the disposition of documents, they intentionally forced Trump to take ownership of, speaks to an intent within the bureaucracy that is transparently obvious.
Bill Barr’s entire mindset is based on a belief the institutions are of a higher power than the individuals we elect to control them. In essence, the President of the United States is subservient to the bureaucracy. This is nonsense. This is also why former AG Bill Barr was more concerned about preserving the institutions than stopping the weaponizing activity that flows from them.
President Trump could store his “presidential records” anywhere he wants to; they are his records.
Now, watch Klieman obscure the difference between classified documents and documents containing classified markings. Despite her pontifications to the contrary, the indictment is not based around any classified documents. The classification of the documents is technically and factually moot to the ridiculous point the special counsel is making.