Monday, June 12, 2023

Trump’s New Indictment: Can He Outfox the Courts?

 


The US establishment's obsession with indicting Trump is a puzzle wrapped in a mystery. But Trump may dance his way to victory once more, eluding their grasp like a slippery eel, if it goes to trial. A Florida jury would hear the case since that is where the special counsel sought the indictment. In the conservative-learning state, Trump would need only one juror to oppose his conviction for there to be a mistrial.

With the release of a slew of charges by the Department of Justice (DOJ), the end of a protracted investigation into the alleged removal of sensitive information from the White House, Trump finds himself at the epicenter of a legal storm once again. This humiliating distinction is an unusual chapter in American history in which a former president has become entangled in the complicated web of the law. As the curtain rises on this high-stakes story, the country waits with bated breath for the result of this legal crisis that threatens to define Trump's legacy.

The indictment's specifics were revealed in a 49-page document. The claims are breathtaking. Prosecutors claim that Mr Trump placed sensitive information, including those pertaining to national security, in boxes in an egregiously careless and negligent manner. They were discovered scattered throughout the former president's Florida residence, including a shower stall, a restroom, an office, a bedroom, and—most ostentatiously—the stage of a ballroom where receptions and meetings were often held. Mr. Trump's attorneys said that the records were all kept in a storage closet.

The documents were confiscated in August, when FBI agents executed a search warrant at Mar-a-Lago to collect highly top  secret materials that Mr Trump had failed to return despite several demands. The unusual behavior shows that Mr. Trump's arrogance may be to blame for his new pain. An important  defense Mr Trump provided at the time—that as president, he had the authority to declassify the records by fiat—is at odds with an audio tape acquired by prosecutors in 2021, in which he appears to concede that some files in his possession were still secret.  During a conversation with two authors working on a book about an aide, Mr. Trump stated that the fact that he has this type of power completely wins his case, even though the papers are highly confidential, that is, they are top secret.

The Department of Justice has traditionally advised prosecutors to avoid investigating or charging candidates for public office in the run-up to an election, lest they damage public trust in the rule of law. The attorney-general, Merrick Garland, instructed his department in 2022 to be especially mindful of preserving the department's reputation for impartiality, neutrality, and nonpartisanship. As a result, he appointed an independent special counsel, Jack Smith, to handle two investigations involving Mr Trump: his handling of sensitive materials and his role in the January 6th, 2021, Capitol Hill violence.

Mr Smith and the department would be severely embarrassed if a conviction was not obtained. Mr. Trump and his followers argue that the indictment is only the latest incarnation of a "witch-hunt" carried out by a weaponized deep state. Mr. Trump argued that Joe Biden has troves of classified documents from his time as vice president, which is a far more serious breach. Both former Vice President Mike Pence (now a Republican primary contender) and former Secretary of State Hilary Clinton had sensitive materials in their possession while out of office.

Indictment charges include, but are not limited to: keeping classified documents without authorization and possibly sharing them with others; conspiring to obstruct justice by resisting requests to return documents; putting pressure on individuals to refuse to testify against him or to make things up; concealing documents and making false statements. All of these charges carry significant prison sentences. In total, Mr. Smith is accusing Mr. Trump of breaking 37 federal criminal laws, one of which being the Espionage Act, which was passed in 1917 during the first world war.

Those who watched Mr. Trump appear in court in New York less than three months ago on state charges related to his alleged hush-money payments to Stormy Daniels, an adult-film actress who says she had a tryst with him, will find the scene in Miami, where he will be arraigned in court on June 13th, to be very familiar. The arraignment will take place in the same court that Mr. Trump appeared in in New York. The former president will enter a not guilty plea once more, and he will be given bail and released pending a trial date that will be set many months down the road. Because he appointed Aileen Cannon to her position as a federal judge, he will be the first person in the history of the United States to face a criminal process in front of such a court.

The political repercussions are rather foreseeable, despite the unprecedented spectacle of a former president being brought into a federal courtroom. After all, this is not the first time that Mr. Trump has been the subject of a judicial investigation, nor is it the first time that he has been indicted for a crime. The Republican Party looks to be coming together to protect him, much like they did in the past, even if some members of the party are competing with him for the presidential nomination in 2024. The incumbent governor of Florida and one of his most formidable opponents, Ron DeSantis, was driven to speak up in his support.  He stated on his Twitter account that the arming of federal law enforcement posed a grave danger to a nation that values its freedom. Tim Scott, a senator from South Carolina who is also running for nomination, has remarked that the legal system that exists in the United States now is one in which the scales are tilted in a particular direction. These statements were made by both candidates before they were aware of what was contained in the indictment.

 

A Comedy of Errors

The last eight years of Trumpism have distorted the Republican Party to such an extent that an onslaught of charges and legal processes may actually assist the former president obtain the nomination, rather than hurting him. It is heretical to suggest that the president may have broken the law and could be fairly prosecuted for it; the price for thinking it aloud still looks to be excommunication. If the party was willing to forgive him for his acts that led to the attack on the Capitol, it is difficult to see what might break the allegiance of his supporters. It is unlikely that a finding of civil culpability for sexual abuse, nor allegations of financial crimes over hush-money payments, could break their loyalty to him.

Keeping highly classified information and deceiving federal officials who wanted to get them is a new level of malfeasance, and it may place Mr. Trump in greater legal risk than the other cases combined. However, the former president's following may be unfazed by any accusations made against their political hero.

It is possible that local prosecutors in Georgia may add conspiring to undermine the election process to the long list of accusations that have been brought against Mr. Trump. Throughout the course of the presidential primary, the candidate will continue to face trials and court dates, which will evoke the compassion of voters and force his opponents within his own party to spend less time attacking him and more time condemning the purported persecution. Due to the fact that the criminal trial in New York is scheduled to begin on March 25th, 2024, it will cast a shadow over the most important first two months of the primary season.

However, there is really little room for debate on the fact that Mr. Trump's most recent and severe legal exposure puts his chances of winning back the White House in jeopardy. Although it is exceedingly doubtful that Mr. Trump will be locked up before November 2024 due to the sluggish speed at which American courts operate, the impending indictments that helped him in the primary would be liabilities in a general election rematch against Mr. Biden. There is no reason for moderate voters who are already turned off by Mr. Trump's behavior in office (and the Republican effort to restrict abortion) to view him as the safer and saner option when he is proposing to rid the deep state of his persecutors.

On the other hand, Trump does have certain plans under his sleeve that have a chance of being successful. It is possible for his legal team to dispute the testimony of witnesses, place blame on third parties, or argue that he was merely following the advice of his legal team and did not mean to infringe the law. Since the special counsel's office seeking the indictment was located in Florida, a jury from that state would hear the case in the event that it went to trial. In order for there to be a mistrial in the state that prioritizes conservatism and education, there just needs to be one juror who is against convicting Trump. There is also the possibility that his legal team will make requests to have the trial delayed until after the election in November 2024. Legal scholars dispute on whether or not Donald Trump may pardon himself if his case is successful.

One thing is for certain: the Trump and US establishment legal circus has arrived in town, and they're putting on a display that even the best acrobats would envy! This spectacle has us all on the edge of our seats, with jaw-dropping twists, mind-boggling debates, and blame-shifting gymnastics that would make a contortionist happy. Who needs Netflix when we've got this never-ending narrative of legal wrangling? Anyone for popcorn? Keep an eye on the center ring, where Trump and the US establishment are juggling truth, justice, and the American way. It's a spectacle more amusing than a bucket of monkeys, and we can't wait to see what wild act they'll come up with next!

 

 

 

 

 

Notes

 

Garver, R. (2023, June 9). Republicans Rally Around Trump After Indictment . Retrieved from VOA News: https://www.voanews.com/a/republicans-rally-around-trump-after-indictment-/7130999.html

Queen, J. (2023, June 10). Analysis: Trump Faces Difficult Odds in Classified-Documents Case. Retrieved from Reuters: https://www.reuters.com/legal/trump-faces-difficult-odds-classified-documents-case-2023-06-10/

The Economist. (2023, June 9). United States of America v Donald J. Trump: Donald Trump is in His Most Serious Legal Trouble Yet. Retrieved from https://www.economist.com/united-states/2023/06/09/donald-trump-is-in-his-most-serious-legal-trouble-yet

The United States Department of Justice. (2022, November 18). Appointment of a Special Counsel. Retrieved from Office of Public Affairs Press Release: https://www.justice.gov/opa/pr/appointment-special-counsel-0

Vlamis, K. (2023, January 15). The Ways Federal Officials From Richard Nixon to Donald Trump — and Now Joe Biden — Have Been Accused of Mishandling Government Records. Retrieved from Business Insider: https://www.businessinsider.com/officials-accused-of-mishandling-records-trump-hillary-clinton-nixon-2022-8

 

 

No comments:

Post a Comment

China’s Fiscal Band-Aid Won’t Stop the Bleeding When Trump’s Tariff Sword Strikes

  China's cautious stimulus is nothing but a financial fig leaf, barely hiding the inevitable collision course it faces with Trump's...