This is an opinion column.

“As president, I could have declassified, but now I can’t,” Trump said, according to the indictment. “Now I can’t, you know, but this is still a secret.”

The Department of Justice has a recording of Trump boasting to a writer, publisher, and two members of his staff about “highly confidential” and “secret” documents he hasn’t and can’t declassify. Knowing the investigators were poking around, Trump allegedly hid national security information from his own attorneys. The DOJ may be out to get Trump, but the former President’s arrogance is making their job much easier.

Trump is entitled to the presumption of innocence until found guilty beyond a reasonable doubt by a jury of his peers. Nobody is above the law, but no prosecution is above the Constitution. In short, the DOJ must prove its case.

Take the political caterwauling for what it is.

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Republicans believe some of the charges against Trump should reasonably apply to President Joe Biden, former Vice President Mike Pence and just about anyone else improperly possessing national security information.

They have a point.

“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case,” FBI Director James Comey stated in 2016 when he announced that the FBI did not believe the DOJ should charge Hillary Clinton with a crime over her use of a private email server.

Democrats telling Republicans that the main difference is Trump allegedly committed obstruction of justice is beside the point. It’s tantamount to the DOJ saying we don’t enforce the law unless you lie to us.

Calling the DOJ indictment a “sham” or a “witch-hunt” doesn’t cost Republicans anything. I can’t imagine Sen. Tommy Tuberville or Rep. Dale Strong, who have already endorsed Trump’s 2024 presidential bid, doing anything other than wailing away at Biden’s DOJ. Trump supporters across the country aren’t about to admit the gravity of the DOJ’s indictment.

Unfortunately for Trump, none of the political protesting makes a difference worth a hill of beans if the DOJ can prove its case.

Unlike Manhattan District Attorney Alvin Bragg, the DOJ isn’t known for bringing flimsy cases. In fiscal year 2022, the DOJ secured 45,937 guilty pleas and verdicts in federal district courts against 162 not guilty verdicts and 3,097 dismissals. In the Southern District of Florida, DOJ’s track record was 1,091-7-96 for the same period.

In addition to the recording of Trump himself, the DOJ also has Walt Nauta, Trump’s body man, on the hook. Facing a potentially lengthy jail sentence, Nauta has tremendous pressure to cut a deal with prosecutors in exchange for testifying against Trump.

While we’re waiting for the trial details, Republicans should be asking Trump what the hell he was thinking.

He didn’t exactly have a great transition experience with the Biden administration. Trump has been telling the entire country that the DOJ is out to get him. Why on earth would he do anything other than comply with a lawful request to recover documents in his possession?

Trump wasn’t charged with any crimes related to the documents he actually turned over. Mike Pence has been cleared for complying with the documents in his possession. Biden’s handling of documents is still under review, but I’m willing to bet he’s instructed his attorneys to give the DOJ everything they’re requesting.

The whole situation is yet another unforced error in judgement from Trump where Republicans are explaining away his behavior instead of focusing on Biden’s record in office. It’s a distraction that could give the current president another term in office.

Do I want to know why then-Senator Joe Biden apparently took national security information into his personal possession? Absolutely. Do I think Comey reached a legal conclusion about Hillary Clinton’s email server culpability that wasn’t his to make? Yes. Are there other politicians looking in their garages, offices, and cars to dispose of classified documents they should’t have? Probably.

Those realities might make the DOJ’s case easy to dismiss in the court of Republican opinion, but the indictment has real teeth in a court of law in Florida. Yes, prosecutor Jack Smith is out to convict Donald Trump. That’s his job. Trump’s hubris only helps.

Smith is a recovering political attorney with three boys, two dogs, a bearded dragon, and an extremely patient wife. He’s a partner in a media company, a business strategy wonk, and a regular on talk radio. Please direct outrage or agreement to [email protected] or @DCameronSmith on Twitter.