Trump Can’t Be ‘Disqualified’ Over Documents

Through David B Rivkin Jr and Lee A Casey

The warrant federal agents used to search Donald Trump’s Florida home has not been released, but press leaks suggest it is linked to the former president’s alleged misuse of official documents. This has led to speculation that Mr Trump could be prosecuted under a law governing misuse of federal government documents, which includes a provision barring him from federal office. According to this theory, if convicted, Mr. Trump would not be eligible for a second term as President. It will not work. The theory is flawed for both legal and constitutional reasons.

Presidential records have traditionally been considered the personal property of the former President. Congress recognized this in the Presidential Libraries Act of 1955, which “encouraged” — but did not require — ex-presidents to deposit their papers for the benefit of researchers and history. Trump Can’t Be ‘Disqualified’ Over Documents

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