How the Trump indictment puts our country on trial

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Trump acknowledges keeping classified documents caught on tape: Robby Soave says the story is ‘BS'

Reason senior editor Robby Soave and Fox News White House correspondent Kevin Corke join ‘MediaBuzz’ to discuss the media’s reaction to Trump’s classified documents tape.

The anger and the vitriol that have defined our politics since Donald Trump challenged the 2020 election has reached an even more corrosive level.

While the indictment of the former president for obstruction and mishandling classified documents is stunning in its specificity, a whole chunk of the country fervently believes that he is being unfairly persecuted.

"They’re the criminals," Trump said, referring to what he views as a corrupt Justice Department comprised of "thugs" and "sick people," and most notably special counsel Jack Smith, whom Trump branded a "deranged lunatic."

More than just the 45th president is on trial here. Our entire system of justice is being put to the ultimate test, with many Americans shouting past each other in two entirely different conversations.  

DOJ ‘NEEDS TO BE STOPPED BEFORE IT FULLY DESTROYS THE COUNTRY’: MOLLIE HEMMINGWAY

Former President Donald Trump speaks to guests at the 2023 NRA-ILA Leadership Forum on April 14, 2023 in Indianapolis, Indiana. (Scott Olson/Getty Images)

I’m not talking about whether Trump, who retains the presumption of innocence, is convicted or not. It’s how Americans view law and order, whether the DOJ and FBI are populated by warped radicals, or Trump is demonizing them to deflect from the evidence in the indictment.

A new CBS/YouGov poll finds that 80% of Americans – aside from the core Republican voter base – sees a national security risk in Mr. Trump’s handling of classified documents, while just 38% of likely Republican primary voters feel that way.

I felt the online sting of Trump loyalists after discussing all this on my Sunday show, as I said that many are refusing to grapple with the guts of the indictment and instead proclaim that federal prosecutors are incapable of delivering a credible set of criminal charges. That conveniently sidesteps the serious offenses of which Trump is accused, with evidence provided by his own lawyers and aides.

Those who cry Trump hater are apparently unaware that I’ve known the man for 35 years, repeatedly interviewed him and wrote a book saying the media were viscerally unfair to him (and that he relentlessly punched back). I have defended him at times, such as when Manhattan D.A. Alvin Bragg brought that flimsy and partisan case related to hush money payoffs.

Manhattan District Attorney Alvin Bragg attends a briefing in New York City. (Lev Radin/Pacific Press/LightRocket via Getty Images)

But I notice that some conservatives are also appalled by the Florida indictment. Andrew McCarthy, a conservative former federal prosecutor and National Review contributor, told Fox Radio host Guy Benson that "if they can prove half of it, he’s toast." The magazine’s editors called the indictment "damning."

I made a point of reading some key points on the air:

–Trump showed classified documents to two people, including a member of his PAC, a secret map of Country B, while saying he shouldn’t be showing it, but a military operation was not going well there.

–Trump told his now-indicted aide Walt Nauta to move some of the boxes before his lawyer conducted what was then, obviously, an incomplete search.

Trump said, according to the lawyer’s notes about how to deal with the National Archives: "What happens if we just don't respond at all?... Wouldn't it be better if we just told them we don't have anything here?"

Now an indictment is a one-sided set of accusations, and we’ve yet to hear from the defense. But no wonder many Trump supporters don’t want to discuss these charges.

What you hear instead is, what about Hillary Clinton? What about Joe Biden? What about Hunter Biden?

The former Secretary of State’s reckless conduct easily could have been charged in a similar case, though Jim Comey’s investigation – especially his last-minute reopening of it – arguably cost her the election. But if she got a pass seven years ago, does that mean Trump should automatically get a pass?

THE MOST IMPORTANT PART OF THE INDICTMENT IS THE ‘BROADER CONTEXT’: MOLLIE HEMMINGWAY

The president was also irresponsible in taking so many boxes of material from his Senate and VP days, and he has his own special counsel. But since his side notified the authorities and did not dodge subpoenas, it’s a very different case.

And Hunter, who’s been under investigation for years by a Trump-appointed U.S. attorney, should either be charged or have the case closed. There certainly seems from the outside to be evidence of tax evasion as he traded on his father’s name to engage in global buckraking.

Speaker of the House Kevin McCarthy, R-Calif., talks to reporters about a debt ceiling package.  (AP Photo/J. Scott Applewhite)

Meanwhile, Kevin McCarthy said it is "unconscionable for a president to indict the leading candidate opposing him." Trump used similar language. A president doesn’t have the power to indict anyone. And there’s not a shred of evidence that he prodded the Justice Department in any way, and the White House says Biden had no heads-up about the indictment. I know it helps the narrative to declare that Biden was behind this, but he was savvy enough to realize anything less than a hands-off approach would in fact make any charges look partisan. 

Trump, for his part, wasn’t dealing with harmless documents. They involved a secret war plan to attack Iran and an assessment of nuclear capabilities, and Pentagon officials are worried about the fallout. 

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The Washington Post reported last year that some of Trump’s documents at Mar-a-Lago contained nuclear secrets. Trump called that a "hoax" and "a total public relations subterfuge by the FBI & DOJ." Turns out the paper was spot on.

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But the media have lost an enormous amount of credibility in the Trump era, especially on the right. Their attempts to deconstruct the indictment are met with deep-seated suspicion by those who believe their overriding goal is to block his return to the White House. And that’s why this case is the ultimate stress test for our country.