Former U.S. President Donald Trump made numerous false and misleading claims in a speech he delivered Tuesday night following his afternoon arraignment in Miami. Here is a fact check of some of the things he said in the Tuesday night address from his golf club in Bedminster, New Jersey.
Former U.S. President Donald Trump made numerous false and misleading claims in a speech he delivered Tuesday night following his afternoon arraignment in Miami federal court to face charges of illegally retaining classified documents and obstructing the federal investigation into his conduct.
Baron, the former director of litigation at NARA, told CNN in a March 2023 email: "The former President is simply wrong as a matter of law. As of noon on January 20, 2021, when President Biden took office, all presidential records of the Trump Administration came into the legal custody of the Archivist of the United States. Full stop. That means no presidential records ever should have been transferred to Mar-a-Lago, and there was no further talking or negotiating to be had.
He said last year's FBI search of his Mar-a-Lago home was unconstitutional. Investigators snapped a photo of some of the classified documents they found and, in Trump's retelling, the FBI "released the picture illegally to the press." He also claimed Smith's team "lawlessly pierced my attorney-client privilege" by obtaining testimony and written evidence from his former lawyer, Evan Corcoran.Trump is wrong on all three fronts.
In other words, there is no equivalence between Trump's handling of presidential documents and those previous presidents.' In Trump's case, the presidential documents found in haphazard amateur storage at Mar-a-Lago, including documents marked as classified, were in Trump's possession despite numerous attempts by both NARA and the Justice Department to get them back.
Trump said the collapse of the cases against McDonnell and Edwards demonstrates that Smith's prosecutions are unjustified.Trump began the speech with an accusation that President Joe Biden is responsible for his indictment, saying that the president "had his top political opponent arrested on fake and fabricated charges" in the middle of a presidential election.This claim is not supported by any evidence.
Margaret Kwoka, a law professor at The Ohio State University and an expert on information law, said in a Friday email that "any comparison between congressional records and presidential records is an apples-to-oranges comparison. The legal requirements are entirely different between the two." He claimed she had a "deliberate intention" of violating records retention laws and that "there's never been obstruction as grave" as what she did to undermine her own FBI probe in 2015-2016. He also said, "Hillary Clinton broke the law, and she didn't get indicted" because "the FBI and Justice Department protected her," although there isn't any evidence that their decision-making was tainted by politics.
Another big difference is that Trump is facing six obstruction-related charges. Prosecutors say he conspired to defy a grand jury subpoena demanding the return of all classified documents, and that he misled his attorneys who were trying to comply with the subpoena.
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