Tug-of-war over secret documents: Is Trump obstructing the judiciary?

The tug-of-war over the confidential documents seized from ex-US President Trump is entering a new round. The further procedure is to be determined at a hearing. Trump insists on a neutral examiner.

A photo is electrifying America: It shows government documents strewn wildly on the floor. The folders with the red border on which “Secret” is written catch the eye: Secret! And the ones with the yellow border that even say “Top Secret”: top secret!

In an extraordinary affair, this is the latest anomaly: the US Department of Justice has released this image. It was taken during the house search in Mar-a-Lago. In addition, the ministry said classified documents were likely “hidden” and “secured”.

With unprecedented openness, the investigators feed the public with interim results; probably also for fear of violent reactions from fanatical Trump supporters. “If Trump is accused of negligent handling of confidential documents,” predicts Republican Senator Lindsey Graham, “then there will be riots in the streets!”

Trump lawyer insists on “Special Master”

Meanwhile, Trump’s lawyers continue to try to sow distrust in the investigative authorities: Last night they submitted another statement to the Justice Department. The core demand: A neutral third party, a so-called “Special Master”, should view the confiscated documents before they could become the subject of an indictment. Law professor John Yoo speculated on CNN that it was purely a delaying tactic.

“You can save a lot of time by switching on a ‘Special Master’,” says Professor Yoo. Today a court in Florida decides whether such a special representative is to be used. The ministry argues that this is superfluous as the screening of the confiscated material has already been completed. Professor John Yoo is amazed that Trump’s lawyers argue almost exclusively for the “Special Master” in their 90-page statement.

“What is completely missing are reactions to the published photo and the securing of around 100 secret documents,” says the lawyer. However, Trump’s line of defense is that he declassified the documents at the end of his presidency and therefore lawfully took them out of the White House.

False claims by Trump

The fact remains that Trump falsely claimed to have returned all government documents from his private home. His former national security adviser, John Bolton, believes that the offense of obstruction of justice could at least be fulfilled.