Trump in 'really dangerous territory', may have committed 'treason': Kirschner

Former federal prosecutor Glenn Kirschner said Friday that Donald Trump is legally in "really dangerous territory" and that the former president may have committed "treason."

Trump is facing multiple investigations into his efforts to overturn the results of the 2020 election, his business practices and his alleged mishandling of classified government documents. The former president's residence in Florida was raided by the FBI on August 8 when agents tried to recover secret and classified documents that he had allegedly resisted after leaving the White House.

In response to the raid, Trump initially raised the possibility that federal agents had planted the classified materials at his Mar-a-Lago home. He and his team, however, later turned around to say that he had "declassified" the documents. Speaking to MSNBC on Friday, Kirschner noted that whether or not the documents were classified makes no difference to him when looking at the laws the search warrant cites as potentially being violated.

“It is important to note that none of those three crimes require the documents to be classified,” said the legal analyst for MSNBC and NBC News. "So Donald Trump was always complaining, 'I thought these things were declassified,' and magically they were, that's not a defense. No matter".

Above, former President Donald Trump walks toward a vehicle outside Trump Tower in New York City on August 10. Trump is in "really dangerous territory" legally, according to former federal prosecutor Glenn Kirschner on Friday.
STRINGER/AFP via Getty Images

"This is really dangerous territory for Donald Trump," said Kirschner, who also reminded viewers that the former president "launched an armed attack on Capitol Hill to stop the peaceful transfer of presidential power."

"Let's not forget about that little crime that can actually amount to treason," he added.

Trump's team last Friday night released a statement saying the former president had a "standing order" to declassify documents. Trump also said on his Truth Social platform that the materials at Mar-a-Lago were "declassified." However, two of Trump's former chiefs of staff, John Kelly and Mick Mulvaney, told CNN for an article Thursday that no such order existed when they worked as his top adviser.

"Nothing resembling such a dumb order was ever given," Kelly said. "And I can't imagine anyone who worked in the White House after me who would have just shrugged their shoulders and allowed the order to go ahead without dying in the ditch trying to stop it."

Kirschner's comment about an "armed attack" was a reference to January 6, 2021, when hundreds of Trump supporters violently rioted on Capitol Hill. That assault came after the then president told them at a nearby rally to walk to the federal legislative building and "fight like crazy" to save the country from him. Trump lied for several months about the outcome of the 2020 election, claiming that President Joe Biden only won through widespread voter fraud.

Apparently, his supporters were aiming to prevent official certification of Biden's electoral college victory. Members of Congress and Vice President Mike Pence were summoned to certify election results when the attack occurred, and many of Trump's supporters chanted "Hang Mike Pence" during the riots.

Although Trump goes on to say that the last presidential election was "rigged" or "stolen," no evidence has substantiated the allegations. Audits and recounts have consistently reaffirmed the former president's loss to Biden. Dozens of court challenges to the election results have failed, with prominent former Trump administration officials and leading Republicans also rejecting the false claims.

Trump maintains that he and many of his allies have been targeted as part of a broad and far-reaching politically motivated conspiracy, or "witch hunt." The former president said that he has done nothing wrong in relation to any investigation.

news week contacted Trump's press office for comment.

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