A Whole Bunch of Laws Were Violated by Trump’s Team if Dr. Bornstein’s Story is True

Bornstein says that the individuals who went into his New York office were former Trump bodyguard Keith Schiller, Trump Organization lawyer Alan Garten, and unidentified “large man.” He claimed that they entered his office, took Trump’s charts and lab reports without permission, and left.

Garten declined NBC’s request for comment. The White House and Schiller did not respond. The NYPD also informed Law&Crime that they do not have any complaints on file regarding these allegations.

If the allegations are true, however, they would appear to make out a case for burglary, which is defined as when a person “knowingly enters or remains unlawfully in a building with intent to commit a crime therein.” According to Bornstein’s account, it doesn’t seem like the men had permission to be there, the “crime therein” would be theft of the doctor’s files. Even though they are Trump’s medical records, Trump does not own them, so he can’t just send people to fetch them.

At the very least, it would be larceny for stealing the files, if Bornstein allowed them into his office — which likely allows people to come in off the street — and didn’t specifically tell them to leave.

Then there’s the issue of Trump himself. If he instructed people to carry out a raid like this (the NBC report did not indicate that he did), he could potentially be charged with conspiracy.

The situation is even more complicated given the nature of what was allegedly stolen: private medical records. Such documents are covered by HIPAA, which strictly prohibits the unauthorized release of medical information. Bornstein claims that the men who raided his office did not provide any such release.

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