President Donald Trump has had 37 charges leveled against him in what appears to be a transparently political prosecution. At issue are several documents with classified markings, some marked “Confidential” - the lowest level of classification, and the remainder marked “Secret,” the next lowest classification.

Above these is Top Secret, and the numerous appendations to that, such as SCI (Specially Compartmented Information) or the one I had when I was in the military, Top Secret Cosmic Atomal, which granted me access to nuclear posture and deployment info across all of NATO, of course subject to the need to know. The responsibility one shoulders when holding a security clearance is indeed burdensome.

Aside from all the possible penalties pertaining to misuse or recklessness regarding classified info, there is the unassailable fact that disclosure of this embargoed info may have serious implications for national security. As soldiers, we were frequently counseled on the many ways adversaries of the United States might try to acquire information we had, not just documents, but expertise and knowledge. It was drilled into us all, no matter what, we must maintain awareness of what we say and to whom we say it.

Now, with all that having been said, it’s important to understand the genesis of all this. International espionage is not new, but the establishment of the security classification code is a relatively late addition to America’s defense posture, put in place just after WWII as a countermeasure to Soviet bloc spying. The power behind it stems from the President’s Constitutional designation as Commander-in-Chief of our national armed forces.

In that role, the President exercises what is known as a “plenary” power, which simply means a power without restriction, regulation or qualification. Even more to the point, a plenary power cannot be inhibited, altered, adjusted, modified or directed by either Congress, the Judiciary, any federal agency or other individual or organization. It belongs to the President alone, and his exercise of it isn’t subject to review.

Here’s where carping from others runs directly into an immovable wall. Because of this plenary power, vested in the President by the Constitution, he stands apart from all others. Literally, behavior on the part of ANY other American regarding the handling of classified info that would be considered criminal cannot be seen in the same light when done by the President. He cannot be guilty of the crime, because he cannot COMMIT the crime, because of his unique role in our government.

There is a reason the prosecution is routinely leaking “evidence” to the media. They are trying to poison the jury pool by establishing a narrative that isn’t supported by their case or the law. It’s not about gaining an actual conviction and sentencing - they aren’t stupid, they realize he has committed no crime - it’s all about rendering him toxic in the mind of as many voters as possible.

Most Americans have no idea what a plenary power is. Hell, even our own Nebraska 2nd District Congressman Don Bacon is clueless about it, as evidenced by the false equivalencies he spouted on the weekend tv shows, claiming “we don’t have the right to take home classified materials.”

In that he’s correct. HE doesn’t have that right, because HE’S not a President. But Trump was at the time, so everything he did involving classified documents falls under his plenary power.

Look, this is a smear campaign. Sure, if they could railroad a conviction through a crooked jury and judge, they’ll do it, but that’s a pipe dream for them. They realize the best they can hope for is to call the President a crook enough times that the average, barely-cognizant voter just assumes it must be true.

It’s called election interference, and THAT deserves prosecution.