After FBI search of Trump’s estate, the GOP dangerously closes ranks | Editorial
The Republican reaction is especially perilous because it stokes a political tinderbox that already boiled over during the deadly Jan. 6 insurrection.
It didn’t take long after an FBI search of Donald Trump’s Mar-a-Lago estate for a chorus of Republican officials to turn a serious criminal probe into a reckless and hypocritical political game.
Many in the GOP followed Trump’s talking points by echoing his unfounded rhetoric accusing the Justice Department of “political weaponization.” The most shameless of them all was House Minority Leader Kevin McCarthy (R., Calif.), who, without knowing any facts surrounding the search, declared: “I’ve seen enough.”
McCarthy claimed the Justice Department had “reached an intolerable state of weaponized politicization.” He vowed to hold hearings if the Republicans take control of the House, and then essentially threatened Attorney General Merrick Garland for doing his job: “Attorney General Garland, preserve your documents and clear your calendar.”
McCarthy’s statement is especially dangerous because it stokes a political tinderbox that already boiled over during the deadly Jan. 6, 2021, insurrection, which was incited by Trump, who falsely claimed the 2020 election was stolen. Many Republican officials, including several from Pennsylvania, continue to back the lie.
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McCarthy and other Republican officials know better, but they continue to place politics above patriotism.
Obtaining a federal search warrant is not a simple task. For starters, the process is spelled out in rule books and has been litigated in courts and involves two branches of government. The Justice Department or FBI do not have the power to act unilaterally.
Law enforcement officials must sign a sworn affidavit showing “probable cause” that the search is likely to find evidence of wrongdoing and get approval from a federal judge or magistrate. They must also demonstrate that the evidence they are seeking cannot be obtained through a simple request or a subpoena, and must act quickly because there is a danger that the evidence could be moved, concealed, or destroyed. In turn, judges place specific limitations on the search to guard against a violation of a person’s Fourth Amendment right against unlawful search and seizure.
The same process applies to everyone, but the bar is especially high for an unprecedented search of a former president’s home. This is not some rogue agent acting on his own. The search request was likely approved by Garland and FBI Director Christopher Wray, who was appointed by Trump.
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Trump faces several civil and criminal investigations — in keeping with the thousands of lawsuits he has confronted or initiated during his lifetime. The search of his Palm Beach, Fla., home was reportedly connected to an investigation involving his removal of boxes of classified material when he left the White House. The Washington Post reported in February that some of the boxes Trump took to Florida contained material labeled “top secret” and that some of it was so sensitive it could not be described in public.
Trump has a track record of being reckless with secret information. During his one term as president, he gave the Russian ambassador highly classified information during a visit to the Oval Office. Trump waved classified documents in front of reporters and continued to use his personal cell phone even after being warned that it was vulnerable to foreign surveillance.
Of course, Trump got elected in part by attacking Hillary Clinton for her handling of classified material involving a private email server. His campaign rallies were often highlighted by chants of “Lock her up.”
Following an FBI investigation that upended the 2016 election, Clinton was never charged. McCarthy and many other Republicans fully supported that investigation. Now that the FBI is investigating Trump, the GOP is aghast.
The GOP’s shameless assault on the Justice Department and FBI is a dangerous attack on our democracy and the rule of law. Republican leaders and their media enablers at Fox News and beyond are sowing discord that could lead to further violence. What will it take for Republicans to acknowledge that Trump is destroying their party and making a mockery of democracy?