U.S. v. Donald Trump: What comes after FBI raid?

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Trump needs to be afraid! The Department of Justice is now formally investigating Donald Trump for serious possible, crimes including violating the Espionage Act and obstruction of justice in connection to his unlawful possession of top secret and highly classified materials. During a court-ordered search of his Mar-a-Lago resort and home last week, the FBI retrieved 11 sets of classified documents that, according to some reports, may include information about "nuclear weapons." Donald Trump had more than a year to return these documents and did not do so. One of his attorneys apparently misrepresented the facts when informing the Justice Department that all the classified documents in Donald Trump's possession had been returned in June. This is the first time in American history that a former president has been under criminal investigation, let alone for serious federal crimes. That is to be expected, given that Trump represents a unique and singular danger to American democracy and society. Predictably, Trump has made numerous false or misleading statements about the FBI investigation, claiming that he is innocent, that evidence was "planted" to incriminate him, that his home was "raided" and "under siege" by the FBI and that he is being victimized as part of a "conspiracy" by the "deep state" and other sinister forces who are desperate to stop his return to power. Will Donald Trump finally face something approximating justice for his five decades or more of apparent and aggressive lawlessness, culminating in a criminal presidency and an attempted coup, with the possibility of treason and criminal espionage? Will the American people finally be rid of this meddlesome would be tyrant-king with millions of followers, leader of a neofascist movement that is literally threatening to uproot and destroy American democracy? Do these recent events change everything? Nothing? Something in between? I have no idea what will happen if Trump is prosecuted — still less if he is tried and convicted. But I think there are good reasons to be afraid. Trump followers are already threatening more right-wing terrorism and political violence, potentially on a massive scale if he is punished or faces significant consequences for his crimes. If Donald Trump is indicted — and even more so if he is tried and convicted — those Americans who believe in real democracy and are willing to fight for it will be tested even more. Will they pass or fail that test? We will soon find out, but a happy ending is not guaranteed. The American people must write that next chapter boldly and with courage. If they are not afraid of what that will require, they should be.

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