If a federal indictment of former President Donald Trump was imminent during the afternoon of June 7, he denied being informed about it.
Throughout the day, numerous news reports were circulating that the Department of Justice (DOJ) had alerted Trump or his lawyers that he would be formally charged in connection with the classified documents found at his Florida residence during an FBI raid last August.
A guest on Bannon’s War Room on June 7, Mike Davis, founder and president of the constitution-defending Article III Project, said he has been arguing since Aug. 8, the date that the FBI raided Trump’s home, “Trump is allowed to have his presidential records” under the Presidential Records Act.
However, he predicted that the DOJ would “ignore the Presidential Records Act, which has no criminal components,” and seek an indictment under the Espionage Act. Davis argues that the Espionage Act, however, does not apply to the president.
Davis predicted that the U.S. Supreme Court would ultimately have to resolve the conflict over the applicability of the Espionage Act after a conviction and appeal. “You might have a convicted presidential candidate who wins back the White House and this has to get resolved by the Supreme Court,” Davis told Bannon.
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