LARRY KUDLOW: Our justice system is being weaponized to prevent Trump from becoming president again

In case you didn’t see it over the weekend, a Wall Street Journal editorial makes the point that the long and complicated indictment of former President Trump never once mentioned the Presidential Records Act that allows a president access to documents, both classified and unclassified, once he leaves the office.  

And everybody should read that editorial. The Journal goes on to say the indictment assumes Trump had no right to take any classified documents. This assumption is completely false.  

The whole point of this discussion, going all the way back to the insane invasion of Mar-a-Lago last summer, was about discussions and disagreements between Mr. Trump on the one hand and the National Archives on the other.   

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Former President Donald Trump arrives to speak at Mar-a-Lago on Election Day, Nov. 8, 2022, in Palm Beach, Fla. Democrats in Congress have released six years’ worth of former President Donald Trump’s tax returns. (AP Photo/Andrew Harnik / AP Images)

I say this because the Wall Street Journal has been no fan of Donald Trump’s, but, more importantly, they are making a crucial point. This has nothing to do with espionage. Trump didn’t sell or hand over documents to any foreign government. And, as far as showing one of these docs to somebody writing a book, where he probably just waved it in front of them– that is sheer nonsense.   

There’s no criminality to it. Carelessness? Probably. Criminality? No way. You know, sometimes Mr. Trump says things we all wish he wouldn’t say. But it seems to me that becomes hearsay in a court of law. This is a civil court matter, one that could — and should — be successfully negotiated by the National Archives and Mr. Trump. Period. Full stop.  

Now, this was the case with Hillary Clinton’s hidden classified emails. And that action by Jack Smith and Merrick Garland should never have met the standard of pursuit by “a reasonable prosecutor,” as per the late departed James Comey regarding Hillary Clinton. And, then, there’s Joe Biden who has classified documents strewn about and lying around all kinds of places. From Corvettes in garages to University of Pennsylvania think tanks, to Chinatown in Washington, D.C. and who knows where else.  

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And there is a strong suspicion that there are hundreds of boxes not yet found or declared or even opened in the Biden box saga. But here’s the key point about the Biden story: as a Senator and as Vice President, he was not legally empowered to remove any documents from the National Archives. None. He took hundreds, if not thousands, of boxes home that he shouldn’t have ever taken home. That is the law under the Presidential Records Act.   

In other words, Trump was allowed to take stuff home. That was legal. Biden was not allowed to take stuff home. That is illegal. So why has Trump been busted rather than Biden? Well, I’ll tell you. It’s pure politics. It’s a double standard of justice. The weaponization of our legal justice system in order to prevent Donald Trump from becoming president again.  

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Democrats know that in a Trump second term, where he knows now where all the bodies lay, he will clean out the stables of Democratic corruption in the Justice Department, the FBI, the CIA, and throughout the federal bureaucracy. And that he — more than anybody else running for president — has the experience, strength, fortitude, and the fighting-ness to do the job that the far-left Democrats fear the most.