On Twitter this week, Marc Elias, a top lawyer for the Hillary Clinton 2016 presidential campaign, explained why he believes Donald Trump may be disqualified from making a 2024 run for the White House. On Monday, FBI agents executed a search warrant of Trump’s infamous Mar-A-Lago residence, allegedly seeking classified documents that the twice-impeached president reportedly took from the White House after leaving office in January 2021. This, Elias says, could prevent Trump from running again for several reasons.
According to a senior government official, the FBI raid and search warrant was conducted, Fox News reports, in connection with the National Archives. Elias cited U.S. Code Title 18, Section 2071 in his August 8 tweet, writing, “The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics.” Elias emphasized (and highlighted in a screenshot) that Trump could be barred from seeking any public office again due to the findings, as Trump has hinted at running again and seeking a second term.
A government records case against former President Donald Trump could trigger an unprecedented legal battle over whether the ex-president could be barred from seeking reelection if convicted https://t.co/TgmixexPgo
— The Wall Street Journal (@WSJ) August 9, 2022
Elias focused on the passage of U.S. Code Title 18, Section 2071 that states, “Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.”
In a follow-up tweet, Elias also stressed that there are legal challenges that could make preventing Trump from running again a difficult endeavor. “Yes, I recognize the legal challenge that application of this law to a president would garner (since qualifications are set in Constitution). But the idea that a candidate would have to litigate this is during a campaign is in my view a ‘blockbuster in American politics,’” he said.
The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics. pic.twitter.com/3BdI9NA9Az
— Marc E. Elias (@marceelias) August 9, 2022
Fox News writes that the Presidential Records Act of 1978 requires “presidential administrations to preserve certain documents.” According to the National Archives, the publication pointed out, the presidential records in 15 boxes taken from Mar-a-Lago earlier this year “include documents classified over national security concerns.”
The agency has also referred to the Department of Justice to determine whether Trump violated federal law while handling records.”Because [the National Archives and Records Administration] identified classified information in the boxes, NARA staff has been in communication with the Department of Justice,” then-U.S. archivist David Ferriero wrote in his letter to Congress.
