In a fascinating article, the Washington Post reported that several of Trump’s lawyers urged him to avoid an indictment by returning all the classified documents. He refused. He chose instead to take the advice of Tom Fitton, head of the conservative group Judicial Watch, who told him he could keep the documents. Fitton is not a lawyer. Early on, in 2021, one of Trump’s lawyers tried to persuade him to negotiate a return, to avoid an indictment. Trump refused.

Since the National Archives first asked for the return of presidential documents in Trump’s possession in February 2021 and until a grand jury issued its indictment this month, Trump was repeatedly stubborn and eschewed opportunities to avoid criminal charges, according to people with knowledge of the case, many of whom spoke on the condition of anonymity to reveal internal details. They note that Trump was not charged for any documents he returned voluntarily.


Interviews with seven Trump advisers with knowledge of the probe indicate he misled his own advisers, telling them the boxes contained only newspaper clippings and clothes. He repeatedly refused to give the documents back, even when some of his longest-serving advisers warned of peril and some flew to Mar-a-Lago to beg him to return them.


When Trump returned 15 boxes early last year — leaving at least 64 more at Mar-a-Lago — he told his own advisers to put out statements to the National Archives and to the public that “everything” had been returned, The Washington Post has previously reported. But he quietly kept more than 100 classified documents….

Trump time and again rejected the advice from lawyers and advisers who urged him to cooperate and instead took the advice of Tom Fitton, the head of the conservative group Judicial Watch, and a range of others who told him he could legally keep the documents and should fight the Justice Department, advisers said. Trump would often cite Fitton to others, and Fitton told some of Trump’s lawyers that Trump could keep the documents, even as they disagreed, the advisers said…

“I think what is lacking is the lawyers saying, ‘I took this to be obstruction,’” said Fitton. “Where is the conspiracy? I don’t understand any of it. I think this is a trap. They had no business asking for the records … and they’ve manufactured an obstruction charge out of that. There are core constitutional issues that the indictment avoids, and the obstruction charge seems weak to me.”


Several other Trump advisers blamed Fitton for convincing Trump that he could keep the documents and repeatedly mentioning the “Clinton socks case” — a reference to tapes Bill Clinton stored in his sock drawer of his secret interviews with historian Taylor Branch that served as the basis of Branch’s 2009 book documenting the Clinton presidency.


Judicial Watch lost a lawsuit in 2012 that demanded the audio recordings be designated as presidential records and that the National Archives take custody of the recordings. A court opinion issued at the time stated that there was no legal mechanism for the Archives to force Clinton to turn over the recordings.


For his part, Fitton said Trump’s lawyers “should have been more aggressive in fighting the subpoenas and fighting for Trump.”


Trump’s unwillingness to give the documents back did not surprise those who knew him well. Former White House chief of staff John F. Kelly said that he was particularly unlikely to heed requests from people or agencies he disliked.


“He’s incapable of admitting wrongdoing. He wanted to keep it, and he says, ‘You’re not going to tell me what to do. I’m the smartest guy in the room,’” Kelly said Tuesday…

Other advisers said the FBI and National Archives wanting the documents so badly made Trump less likely to give them back…

“It’s mine,” Trump said, explaining why he did not want to give the materials back, according to people with knowledge of his comments.

If this sounds like the behavior of a 2-year-old, well, draw your own conclusions.