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It seems like ages ago, but the story first reached the public on Feb. 7, 2022 — a full 16 months ago. The Washington Post reported that the National Archives and Records Administration had retrieved boxes of documents that Donald Trump stored at Mar-a-Lago that he wasn’t supposed to have taken from the White House.
In the weeks and months that followed, an obvious question became unavoidable: Had the former president broken the law? According to federal prosecutors and grand jurors in Florida, the answer is yes. NBC News reported overnight:
A federal grand jury has indicted Donald Trump on seven criminal charges in connection with his mishandling of more than 100 classified documents that were discovered last year at his Mar-a-Lago resort in Florida, making the twice-impeached former commander-in-chief the first former president to face federal criminal charges.
While the Justice Department has not yet released the indictment, NBC News’ report added that the Republican will face seven charges related to retaining documents and obstructing justice.
A member of Trump’s legal team told CNN that at least one charge relates to the Espionage Act, “several obstruction-based type charges, and then false statement charges.” Asked whether there was also a conspiracy charge, the attorney added, “I believe so.”
While these details will soon come into sharper focus — the former president has apparently received a summons to appear in U.S. district court on Tuesday — Trump took the unusual step of announcing his indictment himself.
As a matter of political strategy, it was an interesting and unexpected move. Trump apparently wanted to try to take control of the story, announcing the indictment on his own terms, at a time of his choosing, sharing the precise message he wanted to share with the public — well before anyone heard a word from federal prosecutors.
In theory, that wasn’t a bad idea. The former president, his lawyers and his political operation could pause, assess the situation, craft their strongest talking points, and tailor their message. Getting out ahead of the news is sometimes the best way to take advantage of a difficult situation.
But in practice, there was a problem: Team Trump apparently couldn’t think of much.
In early evening, the Republican issued a 180-word written statement, followed by a four-minute video message. What he failed to do, however, was present much of a defense. Trump lied about Robert Mueller’s special counsel investigation. He lied about his policy accomplishments. He mischaracterized the Presidential Records Act. He continued to pretend others had done the same thing he did, despite reality. He peddled nonsense about President Joe Biden.
My point is not to draw attention to the fact that Trump said a bunch of things that were plainly and demonstrably untrue. That’s as common as the sunrise. Rather, what matters in this context is that the former president, while breaking the news about his federal indictment, had an opportunity to put his best foot forward, presenting a positive spin on his legal predicament, and sharing the best possible arguments.
It should give Republicans pause that the guy apparently couldn’t think of anything compelling.