Judge Michael Luttig: There is not an Attorney General of either party who would not have brought today’s charges against the former president. He has dared, taunted, provoked, and goaded DOJ to prosecute him from the moment it was learned that he had taken these national security documents. On any given day for the past 18 months — doubtless up to and including the day before the indictment was returned — the former president could have avoided and prevented this prosecution. He would never have been indicted for taking these documents. But for whatever reason, he decided that he would rather be indicted and prosecuted. After a year and a half, he finally succeeded in forcing Jack Smith’s appropriately reluctant hand, having left the Department no choice but to bring these charges lest the former president make a mockery of the Constitution and the Rule of Law. I’m actually pretty sure that ship sailed when they had to issue a warrant to get the rest of the documents. After all, they didn’t charge him for any of the documents he returned, even under a subpoena. Until that warrant was issued they would have let it all go, as galling as that would have been. But he has never once in his life admitted that he did something wrong and he couldn’t do it here. He assumed that he could finesse his way through it — and he still does. And who knows? Maybe he can.