Andrew McCarthy thinks it is an open question, and one that will not be decided on the basis of whether he is guilty or not.
Here is what most jeopardizes the former president at the moment: When we are asked to ponder the question of whether Trump is likely to be indicted, the answer no longer calls for an assessment of the evidence. The Justice Department undoubtedly figures it has sufficient evidence to indict and convict. At this point, it is a question of prosecutorial discretion — not can the Justice Department prove the case, but rather is there more downside than upside to filing criminal charges?
....On the other side of the discretion ledger, Trump has two things going for him: Hillary Clinton and 2024.
Clinton could similarly have been charged with mishandling national-defense information, destroying government records, and obstruction in 2016. The FBI conceded that her behavior had been recklessly irresponsible. Yet, the Obama–Biden Justice Department let her off the hook. Even Republicans who have no use for Trump are irate over the double standard: Trump may bring it on himself, but he is hounded while Clinton is insulated; the Capitol rioters may be numbskulls, but the earth is scorched to nail every last one, even those who did nothing more than parade through the rotunda, while the Biden Justice Department coddles radical left-wing lawyers who firebombed a police car and a left-wing rioter who lethally torched a building.
Remember that while this may generally be a small potatoes item blown out of proportion of taking records to his personal residence, it is not under discussion who owns them. The American people own those documents and presidents do not have the right to pretend otherwise.