In a way, this was breathtaking. It was the first indictment of a former president by a Justice Department that had once been overseen by the president, and thus the most significant federal indictment in U.S. history.
In other cases it was expected. Once Donald Trump received a formal target letter from the Department, his fate was effectively sealed.
But this was just the latest in a string of recent indications that prosecution is inevitable. The months and months of whether the Biden administration should or intend to indict the 45th and next presidents, and whether the department will reach out for politics, for the good of the republic, or for any other reason. The year-long question was settled with Mr. Athi’s inauguration. General Merrick Garland appointed Jack Smith as special adviser.
Since that point, investigations into the former president’s possession of classified documents have followed the habitual federal path of defendants accused of acts as brazen as President Trump’s over the past two years. Smith pursued this case like any other, which inevitably led to his indictment today.
Almost inevitably, the ministry would also ask the court to impose a severe prison sentence on the former president if he is convicted. Trump’s last chance to try to negotiate a lesser charge ended with his lawyers’ final meeting with law enforcement officials on Monday. Now he is in an enviable position for any other defendant charged with a serious crime.
The move of the unprecedented incident from Washington, DC to Florida was not widely anticipated, but it is likely that it will intensify further. It may sound like a procedural detail, but the defendant is constitutionally entitled to a trial where the crime is alleged to have been committed. Mistaking venue can therefore have consequences as serious as abandoning the case without a chance for a retrial.
So the department made the strategic decision to proceed with the case in the Southern District of Florida, which includes the site of President Trump’s Mar-a-Lago estate and illegal record keeping. And, as we learned of much of the activity there only this week, it looks like a grand jury has been on trial in Florida for weeks. That’s more than enough to absorb the historical testimony on the case that the ministry can provide by telling jurors what happened in the capital.
The location also serves to highlight the most infamous aspects of the case for Trump. His deliberate removal of documents from the White House is almost certainly a crime. Even worse was his brazen and typical President Trump demeanor, who lied to the government and involved others in the cover-up to deny the return.
In fact, the seven reported indictments included: conspiracy to obstruct justiceAccording to The New York Times, this means the department will argue that Trump did not act alone. The identity of one or more co-conspirators is he one of the most important details that can be known when the indictment is opened.
This appears to include an unexpected accusation of witness obstruction, possibly involving President Trump’s loyal valet Walt Nauta. Lying to FBI agents about the existence of classified documents, The ensuing interrogation only made a fuss. He may be a co-witness.
Another important point is that the ministry reportedly included an almost alarmingly serious charge of violating the Espionage Act, further exacerbating the seriousness of the case and the sense of national betrayal. .
In this arena, there is a growing risk that a fervent pro-Trump jury will simply reject Trump’s conviction for any reason. But the judicial system has already reindicted the former president in New York and delivered an unfavorable civil verdict in the E. Jean Carroll case.
Venue issues have been resolved, and trials are likely to be carried out sooner by Florida district courts, which are known to move fairly quickly. Trump could even be convicted by a federal jury before the 2024 election, when he still has overwhelming support for the Republican nomination, but his appeals will likely continue.
In undertaking this prosecution of the former president, the Justice Department has shown the fortitude and dedication necessary to go down in history. And with Smith investigating even more outrageous misconduct by President Trump through January 6, 2021, this first such indictment may not be the last.
Meanwhile, as early as next week, Smith’s attorneys are expected to sit at a table near the jury and announce their appearance on behalf of the public in the US-Trump match. Whatever happens in the coming months, this is a proud moment and a banner achievement for the rule of law in this country.
Hosted by Harry Littman Podcast “Talking Feds”. @Harry Littman
