Trump Just Gave Prosecutors Proof He Committed Two Crimes: Kirschner

Former federal prosecutor Glenn Kirschner said ex-President Donald Trump not only admitted to one but two crimes in a recent social media post.

Analyzing Trump's Monday post on Truth Social, Kirschner said the former president's remarks revealed that he committed two federal felonies—theft of government documents and obstruction of justice.

"There has been no accountability yet, not one indictment. That's going to change," Kirschner predicted in a video posted to YouTube on Tuesday.

Earlier this month, Jack Smith was named to be the special counsel overseeing two Department of Justice (DOJ) investigations involving Trump: one related to the confidential records found at Mar-a-Lago during this summer's FBI search and the other related to Trump's role in the January 6 Capitol riot.

Kirschner said with Smith as a "without-fear-or-favor kind of prosecutor" and Trump unable to "stop confessing to crimes," indictments against the former president are likely to come soon.

Trump Crimes Kirschner Admission
Former President Donald Trump speaks during an event at his Mar-a-Lago home on November 15 in Palm Beach, Florida. Glenn Kirschner said Trump has admitted to committing both theft of government documents and obstruction of... Getty Images/Joe Raedle

On Monday, Trump asked the DOJ, "When will you invade Bill and Hillary's home in search of the 33,000 emails she deleted AFTER receiving a subpoena from the U.S. Congress?"

"When will you invade the other Presidents' homes in search of documents, which are voluminous, which they took with them, but not nearly so openly and transparently as I did?" he added.

Kirschner said the post directly incriminated Trump for the theft of government records and indirectly implicated the former president on the crime of obstruction of justice.

"Donald Trump alleges that other presidents took documents with them but 'not nearly so openly and transparently as I did.' So, he just admitted that he took the documents openly, transparently and therefore knowingly," Kirschner said, arguing that Trump could have feigned ignorance about the documents following him to his Florida residence instead.

On the second crime, Kirschner said Trump's claim that Hillary Clinton did not produce documents despite receiving a congressional subpoena suggests that he also received a subpoena that he did not comply with.

"Trump essentially asserts, 'Well, yeah, I received the subpoena, and I didn't produce documents. But you didn't go after Hillary Clinton, when she did something that I allege is comparable to what I did,'" Kirschner explained. "Make no mistake about it, friends, that is yet another admission of guilt."

In a string of posts early this week, Trump raged about Smith, claiming that his appointment was proof that the DOJ is being "weaponized" against the former president.

"Jack Smith (nice, soft name, isn't it?), is a political hit man, who is totally compromised, and shouldn't be allowed anywhere near our already highly WEAPONIZED & CORRUPT 'Justice' Department and FBI, which are stuffed with, and listening to, Radical Left 'MONSTERS,' who will cause difficulties for our Country the likes of which we have not seen before," Trump said on Sunday.

Steven Cheung, Trump campaign spokesperson, told Newsweek,"Glenn is a notorious trafficker of wild conspiracy theories and dubious legal analysis. I would expect nothing more from a clout-chasing MSNBC contributor."

Kirschner and other legal experts have dismissed Trump's assertions about Smith, going to bat for the veteran prosecutor's ability to oversee the investigations.

Even Richard Signorelli, a former assistant U.S. attorney for the Southern District of New York who strongly disagrees with Garland's decision to appoint a special master in the DOJ's probes, described Smith as "an otherwise stellar selection."

Update 11/29/2022, 12:07 p.m. ET: This article was updated with a comment from Trump campaign spokesperson Steven Cheung.

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About the writer


Katherine Fung is a Newsweek reporter based in New York City. Her focus is reporting on U.S. and world politics. ... Read more

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