Trump Most Likely to Be Convicted in This Investigation, Kirschner Predicts

Former federal prosecutor Glenn Kirschner believes that Donald Trump will eventually be convicted—revealing in a Sunday morning interview which ongoing investigation he predicts will result in such unprecedented legal consequences for a former president.

Trump faces a slew of legal battles and investigations, with two of them now being overseen by a special counsel appointed by Attorney General Merrick Garland on November 18. One of those Justice Department probes is looking into whether the former president is criminally liable for the U.S. Capitol riot on January 6, 2021, and his efforts to unconstitutionally overturn President Joe Biden's 2020 election win.

The Justice Department is additionally investigating Trump's alleged mishandling of classified and top secret information by transferring and holding hundreds of documents at his Mar-a-Lago resort home in Florida without following normal procedures. Meanwhile, Georgia's Fulton County District Attorney Fani Willis continues to investigate Trump's efforts to pressure officials in her state to "find" enough votes to flip the presidential election in his favor.

During a segment of MSNBC's The Katie Phang Show, Kirschner was asked Sunday which of these three probes will be the first to lead to a conviction of the former president.

"Donald Trump's going to be convicted first on: Mar-a-Lago documents, January 6 or Fani Willis down in Georgia in Fulton County? What's your pick?" Phang asked the attorney, who works as a legal analyst for MSNBC.

Without hesitation, Kirschner responded: "His Mar-a-Lago documents crimes because that frankly poses an ongoing threat to our nation's security."

Trump reportedly took dozens of boxes containing classified and top secret information to his Florida home when he left the White House last January. The National Archives and Records Administration (NARA) attempted to get the documents back, but Trump reportedly did not cooperate. Eventually, the matter was referred to the Justice Department.

In August, Mar-a-Lago was raided by the FBI, in a decision Garland approved himself. Trump and many of his allies slammed the Justice Department for taking such an unprecedented action against a former president. Critics of Trump conversely contended that such a step was necessary to protect national security.

Although many conservatives have said that the raid on Mar-a-Lago amounts to political persecution or a partisan overreach, Trump's former attorney general, William Barr, has defended the decision publicly.

"People say this was unprecedented, but it's also unprecedented for a president to take all this classified information and put them in a country club," Barr told Fox News in early September. "How long is the government going to try to get that back?"

"They were deceived on the voluntary actions taken. They then went and got a subpoena, they were deceived on that," he added. "The facts are starting to show that they were being jerked around and so how long do they wait?"

More recently, Barr suggested that the Justice Department has enough evidence to indict Trump in the probe.

"Given what's gone on, I think they probably have the evidence that would check the box," he told PBS News in November. "They have the case." The former attorney general added that it is "increasingly more likely" that his former boss will face an indictment.

Notably, even if the the Justice Department or Willis decide to indict Trump, a conviction would not be guaranteed. The former president would have to stand trial and could ultimately be acquitted.

If Trump were indicted, that would mark a first for a former president in U.S. history—meaning such a move would be unprecedented. Some have said that the Justice Department should avoid an indictment regardless of the facts, warning that it would be perceived by many as corrupt and politically motivated.

Trump has repeatedly insisted that he's done nothing wrong in connection with any of the investigations. The former president contends that he faces political persecution from Democrats and some Republicans. He argues that all probes into him, his businesses and his allies are part of a widespread "witch hunt."

Newsweek reached out to Trump's press office for comment.