New analysis examines DOJ's decision on whether or not to charge Trump in Mar-a-Lago secret documents case
A new analysis is examining the possibility of the U.S. Department of Justice (DOJ) bringing charges against former President Donald Trump in connection with the department's classified documents investigation.
NBC News' Ken Dilanian began with a brief overview of legal circumstances involving former U.S. military command executive assistant, Asia Janay Lavarello who pleaded guilty to taking classified documents from her job.
Hawaii U.S. Attorney Claire Connors weighed in with details about the charges brought against Lavarello. “Government employees authorized to access classified information should face imprisonment if they misuse that authority in violation of criminal law,” said Connors. “Such breaches of national security are serious violations … and we will pursue them.”
Dilanian went on to explain how Lavarello's case is relatively similar to Trump's. "Cases like Lavarello’s are a major part of the calculus for Justice Department officials as they decide whether to move forward with charges against the former president over the classified documents found in his Florida home, current and former Justice Department officials tell NBC News," Dilanian wrote.
"In another example, a prosecutor advising the Mar-a-Lago team, David Raskin, just last week negotiated a felony guilty plea from an FBI analyst in Kansas City, who admitted talking home 386 classified documents over 12 years," he added. "She faces up to 10 years in prison."
The writer also offered his perspective of what might occur in the coming weeks. "A charging decision may be looming as the Mar-a-Lago investigation enters what appears to be a decisive phase. People familiar with the deliberations of Attorney General Merrick Garland and his top aides say the AG does not believe it’s his job to consider the political or social ramifications of indicting a former president, including the potential for violent backlash."
He added, "The main factors in his decision, these people say, are whether the facts and the law support a successful prosecution — and whether anyone else who had done what Trump is accused of doing would have been prosecuted. The sources say Justice Department officials are looking carefully at a cross section of past cases involving the mishandling of classified material."
READ MORE: 'Ultimately irrelevant': DOJ smacks down Donald Trump's excuses for hoarding classified documents
Some legal observers have also expressed concern about the DOJ possibly naming a special prosecutor in the event Trump decides to announce a 2024 presidential bid.
“To me that seems idiotic,” said David Laufman, who led the DOJ’s Counterintelligence and Export Control Section. “It’s precisely in cases like this where so much is on the line for the Department of Justice that it’s critical for DOJ leaders to participate in discussions on whether to approve charges.”
He added, “They should have the opportunities to kick the tires hard and as often as possible, and ultimately they should own the decision to approve or disapprove for the first time in American history potential criminal charges against a former president.
“It’s already baked in that there will be criticism … and the idea that relegating this to a special counsel will somehow mitigate or neutralize criticism from the far-right is ludicrous. Just own it. That’s why you’re in those jobs.”
READ MORE: DOJ investigators believe Trump may have even more government documents: report
