THE 49-PAGE GRAND JURY indictment, filed last week in Florida by the United States Department of Justice, contains 37 criminal charges against former president Donald Trump. The charges can be summarized into a two-fold accusation: Trump is alleged to have stolen more than 300 classified documents upon leaving the White House in January 2021.
Moreover,
he allegedly schemed with a group of advisors and aides in order to obstruct
efforts by the government to retrieve the stolen documents. Both accusations
are spelled out in stark detail in
the pages of the indictment.
What
remains unanswered, however, is the motive. Why did Trump allegedly take
several hundred classified documents from the White House? Did he select
specific documents to purloin? And, if so, why these specific documents?
Lastly, why did the former president go to such pains to frustrate the
government’s efforts to recover the documents? There has been intense public
speculation about the answers to these questions. Yet the grand jury indictment
does not appear to attempt to establish the possible motive behind the alleged
crime. Nor does it need to. Establishing a motive is not required in order to
demonstrate the need for a trial, or indeed a conviction. Given the high stakes
of this case, however, establishing a motive can provide much-needed clarity in
the public sphere.
Accidental
or Malicious?
It is
important to clarify with precision what the grand jury indictment does not
state: its pages do not contain any suggestion that Trump took possession of
the classified documents in order to share them with specific individuals or
entities, American or foreign. Nor does the indictment suggest that the former
president intended to use the classified information in his possession for
personal financial gain —for instance to promote his investment ventures at
home or abroad, or to gain leverage and win over potential business partners.
So, why did
Trump do it? As The New York Times explained on Sunday, the indictment does
offer some hints of motives, if one reads between the lines. One possible
explanation stems from Trump’s time in the White House, during which he learned
to associate his access to classified information as a paramount perk that came
with being president of the United States. It follows that, retaining access to
classified information was a way for him to maintain control over the office of
the presidency. That strong need intensified even more after January 2021, as
Trump was clearly “not ready to let go of the perks of holding the highest
office in the country”. Indeed, the indictment describes several examples that
reveal the strong sense of ownership that the former president felt about the
classified documents he kept at his private residence at Mar-a-Lago, as well as
his determination to keep them in close proximity to his office and sleeping
quarters.
Tertiary
Motives
A plausible
tertiary motive for Trump’s alleged crimes is the leverage and status that
access to secrets can bestow upon an individual. It is possible that Trump
viewed the classified documents as the apogee of the long list of his material
prizes and trophies —as an important physical legacy of the zenith of his
career. That would also explain why he allegedly fought so determinedly to keep
the documents in his possession, even after he was told in no uncertain terms
by the government that they did not belong to him. Moreover, as The Times
notes, the former president may view his classified document collection as a
way to insure his legacy —for instance as a means of rebutting critics of his
policies and decisions while he was in office, or even as potential “payback
against perceived enemies”.
But these
motives are probably less prominent in Trump’s mind. A strong and deeply held
sense of ownership of government information, no matter their classification
grade, is likely the driving motive behind the alleged crimes. As The
Washington Post noted in an insightful article in 2022, aides to the
former president said that he appeared sincere and genuine about his conviction
that the classified documents “were his, not the government’s”. When he was
advised otherwise by his own aides, he noticeably “gravitated toward lawyers
and advisers who indulged his more pugilistic desires”, according to the paper.
His attitude was not a show. It was sincere. Moreover, there is no reason to
believe that it has subsided since his indictment.
A
Genuine Conviction of Ownership
Trump’s
latest legal woes are rooted in his genuine belief that access to classified
information is something he is owed —not simply because he served as president
of the United States, but because, in his mind, he should still be in the Oval
Office. These deeply entrenched beliefs are unlikely to be abandoned by the
former president, regardless of the cost. More importantly, these same beliefs
are passionately shared by millions of his supporters. The latter are
sufficient in number to wreak havoc in the Republican Party and radically
reshape American politics for years to come. If Trump avoids trial or a prison
sentence, his support base will view such an outcome as a form of noble victory
against the “deep state”. It is therefore likely to be energized, possibly like
never before. Should Trump be jailed or seek political asylum abroad in order
to evade incarceration, the American political landscape will undergo a major
earthquake. Regardless of the outcome of this unprecedented saga, stormy waters
seem to lie ahead.
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