document from Trump’s 4 years in office:

Where things get really, shall we say, elastic is subsection (c). It permits the seizure of “any government and/or Presidential Records created” throughout the four years of Trump’s presidency.

Plainly, this has nothing to do with classified information. It is mainly designed to use the criminal law — the search warrant, an intrusive tactic for retrieving evidence of crimes — to enforce the Presidential Records Act, which is not a criminal statute.

Can DOJ get away with this? Perhaps. Section 2071 is very broad, targeting anyone who “removes” or “destroys” “any” government record. If you are wondering how this did not apply to Hillary Clinton’s removal of tens of thousands of government-related emails and willful destruction of tens of thousands of others, you are not alone. In any event, Rule 41 of the Federal Rules of Criminal Procedure permits the seizure not only of evidence of a crime but also of “items illegally possessed.” It seems clear from the context that this phrase is meant to apply to items derived from criminal activity. Literally, though, it is clearly broader than that.

Since Congress did not choose to attach criminal penalties to violations of the Presidential Records Act, what we see here amounts to the Justice Department fashioning a new crime for Donald Trump. This is not my idea of the even-handed enforcement of the law — no partisan discrimination — that Attorney General Merrick Garland insisted he pursues in his remarks on Thursday. But there will be plenty of time to discuss that.