It's Over, Trump Will Be Indicted

  

Category:  News & Politics

Via:  revillug  •  one month ago  •  68 comments

By:   Brad Moss (The Daily Beast)

It's Over, Trump Will Be Indicted
There is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury.

(1) Trump was in unauthorized possession of national defense information, namely properly marked classified documents.

(2) He was put on notice by the U.S. Government that he was not permitted to retain those documents at Mar-a-Lago.




(3) He continued to maintain possession of the documents (and allegedly undertook efforts to conceal them in different places throughout the property) up until the FBI finally executed a search warrant earlier this month.

S E E D E D   C O N T E N T


Mar-a-Lago Madness

There is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury.

brad-moss_u53v7b.jpg

Brad Moss


Updated Aug. 26, 2022 6:21PM ET / Published Aug. 26, 2022 6:01PM ET GettyImages-1413333546_krxek8

Brandon Bell/Getty Images


I have finally seen enough. Donald Trump will be indicted by a federal grand jury.

You heard me right: I believe Trump will actually be indicted for a criminal offense. Even with all its redactions, the probable cause affidavit published today by the magistrate judge in Florida makes clear to me three essential points:

(1) Trump was in unauthorized possession of national defense information, namely properly marked classified documents.

(2) He was put on notice by the U.S. Government that he was not permitted to retain those documents at Mar-a-Lago.

(3) He continued to maintain possession of the documents (and allegedly undertook efforts to conceal them in different places throughout the property) up until the FBI finally executed a search warrant earlier this month.

That is the ball game, folks. Absent some unforeseen change in factual or legal circumstances, I believe there is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury.

The cruelest irony for Trump is that it never needed to be this way.

Put aside that in the chaos following his election loss Trump's team never undertook the normal procedure for properly sorting through and archiving his presidential records in coordination with the National Archives and Records Administration (NARA). Put aside that properly marked classified records were shipped to Mar-a-Lago and sat there for months until he began turning stuff over to NARA in late 2021.

If he had fully cooperated at that point, and returned all of the records to NARA last year, this likely never would have become a criminal matter. DOJ would have declined to take any action, notwithstanding the existence of the classified records, and it would have been a "no harm, no foul" situation. Just another minor story in the Trump saga of incompetence.

"Just ask Sidney Powell how well it works to try to litigate in court the way you argue on cable news. Hint: it does not go well."

But Trump just could not bring himself to play by the rules. He turned over 15 boxes last January but did not turn over all the records. Political operatives from conservative organizations started whispering into his ear that he had legal precedent on his side to refuse to turn over the classified records to NARA (he did not). His lawyers surprisingly wrote a rather condescending letter to DOJ in May 2022, effectively arguing that even if there were still classified records at Mar-a-Lago the FBI lacked the authority to take any criminal action against Trump given his former status as president. Then, in June 2022 after the FBI executed a subpoena to recover more records at Mar-a-Lago, two Trump lawyers wrote (and one signed) a sworn affidavit reassuring the government there were no more classified records at the property.

We now know that statement was not true. The FBI found multiple more classified records, including some with markings for Top Secret/Sensitive Compartmented Information (TS/SCI) during the search this month, and not just located in the storage room with the other boxes of records. They found records located in different parts of Mar-a-Lago.

Of course, there are various arguments for why a prosecution might not succeed in this situation.

There is the contention by Trump and his allies that he declassified the documents, whether through a "standing order" or more specific verbal action. No evidence has been produced corroborating that assertion, and there certainly is no indication that the classification markings themselves were ever revised to reflect the declassification. The Trump lawyers in May certainly did not provide any such evidence in their letter to DOJ, and they similarly provided no evidence of it in their "motion" filed earlier this week in district court in Florida seeking a Special Master.

And that is before we even consider if the classification status would matter for an Espionage Act prosecution, which only requires that the information relate to the national defense.

There is also the issue of selective political prosecution and supposed bad faith by the government in its decision to pursue the case. This is something that has been mentioned ad nauseum by Trump allies on cable news, and was briefly mentioned in the "motion" filed earlier this week in court. Lacking from those arguments is anything beyond rank speculation. That will not fly in court. Just ask Sidney Powell how well it works to try to litigate in court the way you argue on cable news. Hint: it does not go well.

All in all, this case should and in my opinion will result in an indictment. Sure, an indictment does not equal a conviction. Trump is still assumed innocent until proven guilty. There are unknown variables like whether the prosecution would occur in Florida or in D.C. We do not know what evidence Trump might have to substantiate his declassification claim. And we do not know what the courts would say about his various arguments.

Get the popcorn ready either way.

Bradley P. Moss is a Partner and national security attorney at the Washington, D.C. Law Office of Mark S. Zaid, P.C. He can be found on Twitter at @BradMossEsq.


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Revillug
Freshman Guide
1  seeder  Revillug    one month ago

I think Trump will look good in orange.

 
 
 
Drinker of the Wry
Freshman Principal
1.1  Drinker of the Wry  replied to  Revillug @1    one month ago

I’ve never thought that he looked good, but you have your own opinion.

 
 
 
devangelical
Professor Principal
1.2  devangelical  replied to  Revillug @1    one month ago

... with a red tie down to his knees, matching nose, a pair of red clown shoes, and a maga hat.

 
 
 
Drinker of the Wry
Freshman Principal
1.2.1  Drinker of the Wry  replied to  devangelical @1.2    one month ago

I don’t think that you are allowed that in prison.

 
 
 
al Jizzerror
Junior Expert
1.3  al Jizzerror  replied to  Revillug @1    one month ago
Trump will look good in orange.

800

 
 
 
cjcold
Professor Quiet
1.4  cjcold  replied to  Revillug @1    one month ago

Thankfully, Putin and Trump have lost their bid to take over America in the name of fascism.

 
 
 
Texan1211
Professor Principal
1.4.1  Texan1211  replied to  cjcold @1.4    one month ago
Thankfully, Putin and Trump have lost their bid to take over America in the name of fascism.

Seriously, where do ya'll get these wild-ass talking points?

 
 
 
Greg Jones
Professor Guide
1.4.2  Greg Jones  replied to  cjcold @1.4    one month ago
"Thankfully, Putin and Trump have lost their bid to take over America in the name of fascism."

Seriously?!  jrSmiley_86_smiley_image.gif

 
 
 
JohnRussell
Professor Principal
2  JohnRussell    one month ago

I would rather seem him locked up for trying to steal the election. That is the more important matter. 

 
 
 
Revillug
Freshman Guide
2.1  seeder  Revillug  replied to  JohnRussell @2    one month ago

If they are actually going to indict this man they should get it over with.

I can't go through another year of waiting for the Mueller Report, ehh, Garland Indictment.

 
 
 
arkpdx
Professor Participates
2.2  arkpdx  replied to  JohnRussell @2    one month ago

That is something else Clinton got away with

 
 
 
al Jizzerror
Junior Expert
2.2.1  al Jizzerror  replied to  arkpdx @2.2    one month ago

jrSmiley_78_smiley_image.gif

 
 
 
JohnRussell
Professor Principal
2.2.2  JohnRussell  replied to  arkpdx @2.2    one month ago

Do tell. Tell us about how Hillary was president of the United States and tried to get her vice president to declare the electoral votes in 7 states were invalid and not to be counted. 

That did happen, right? 

 
 
 
arkpdx
Professor Participates
2.2.3  arkpdx  replied to  JohnRussell @2.2.2    one month ago

I never said that. I am forever grateful to God or the supreme being of your choice that Trump beat her and she never ever will be president. 

 
 
 
Buzz of the Orient
Professor Principal
3  Buzz of the Orient    one month ago

Wishful thinking.  IMO he will never end up having a conviction stand.  What are the odds of putting together a jury that doesn't have a Trumpsucker who lies about his neutrality and hangs the jury, and failing that, he will appeal all the way up to the SCOTUS that he owns.  I foresee lots of show, but he won't end up being jailed where he belongs.  

 
 
 
Revillug
Freshman Guide
3.1  seeder  Revillug  replied to  Buzz of the Orient @3    one month ago
What are the odds of putting together a jury that doesn't have a Trumpsucker who lies about his neutrality and hangs the jury

Bill Maher made a similar point on his show tonight while he was talking to Rob Reiner and Sen. Amy Klobuchar.

He also said that in his opinion Trump just took everything he had in the Oval Office with him when he moved out because in Trump's simple brain everything in the office was his. And that led to very important documents being stored in boxes right near where they rent out the golf carts.

Say what you will about Bill Maher but comedians have excellent insight into the ways people's minds work.

 
 
 
Buzz of the Orient
Professor Principal
3.1.1  Buzz of the Orient  replied to  Revillug @3.1    one month ago

"Great minds........etc."

 
 
 
arkpdx
Professor Participates
3.2  arkpdx  replied to  Buzz of the Orient @3    one month ago

Tell me where you will find 12 impartial people that has never heard of him. That is kind of the same problem with Hillary..

 
 
 
Buzz of the Orient
Professor Principal
3.2.1  Buzz of the Orient  replied to  arkpdx @3.2    one month ago

I know.  It's impossible.  In circumstances like that I just don' t know how a jury can be a valid decision-maker.  I assume there is no alternative available, such as a panel of judges.  Import a panel of 3 Canadian judges who have no party loyalties. 

 
 
 
cjcold
Professor Quiet
4  cjcold    one month ago

It's a damn shame that liberals don't tend to be assassins.

[deleted]

 
 
 
Buzz of the Orient
Professor Principal
4.1  Buzz of the Orient  replied to  cjcold @4    one month ago

It might have to be a silver bullet.

 
 
 
cjcold
Professor Quiet
4.1.1  cjcold  replied to  Buzz of the Orient @4.1    one month ago

You give him way too much credit.

Trump is just a small stupid idiot.

 
 
 
arkpdx
Professor Participates
4.1.2  arkpdx  replied to  cjcold @4.1.1    one month ago
Trump is just a small stupid idiot.

Damn! I sure wish you would stop looking in the mirror when you are making comments

 
 
 
Revillug
Freshman Guide
4.2  seeder  Revillug  replied to  cjcold @4    one month ago

Please don't make comments like that. 

It's one thing to vent it is another thing completely to fantasize about the assassination of a former president. The Secret Service sometimes shows up at people's doors for unwise comments on internet forums.

 
 
 
arkpdx
Professor Participates
4.2.1  arkpdx  replied to  Revillug @4.2    one month ago

We can hope. 

 
 
 
cjcold
Professor Quiet
4.2.2  cjcold  replied to  Revillug @4.2    one month ago

I am just one of many who say they wish it but would never go there.

Sure wouldn't want him to become a martyr!

I am one who believes in the rule of law.

Unlike Trump.

 
 
 
Buzz of the Orient
Professor Principal
4.2.3  Buzz of the Orient  replied to  Revillug @4.2    one month ago

Lest we forget....

Assassinated U.S. Presidents

  • Abraham Lincoln  - President Lincoln was shot April 14, 1865 at Ford's Theatre in Washington, D.C. while watching the play Our American Cousin. He died the following morning at a boarding house across from the theater. His assassination occurred five days after General Lee surrendered to General Grant effectively ending the American Civil War. Eleven days after Lincoln's death his assassin John Wilkes Booth was tracked down and shot after refusing to surrender. Several other co-conspirators were later executed.
  • James A. Garfield  - On July 2, 1881 less than four months after being sworn in as President Garfield was shot at the Baltimore and Potomac Railroad Station in Washington, D.C. He died eleven weeks later, on September 19th 1881. His assassin, an insane man named Charles Guiteau, was captured immediately and was eventually hung for his crime.
  • William McKinley  - On Friday, September 6, 1901 McKinley was shot at the Temple of Music at the Pan-American Exposition in Buffalo, New York. He died on September 14, 1901 from gangrene in his wounds. His assassin Leon Czolgosz was an anarchist who felt it was his duty to kill the president who he regarded as a symbol of oppression. Czolgosz was eventually put to death in the electric chair for his crime.
  • John F. Kennedy  - President Kennedy was shot and died on November 22, 1963 in Dallas Texas. Although there is much controversy about the assassination the Warren Commission concluded the assassination was the work of a lone assassin; Lee Harvey Oswald. Oswald shot the president with a high powered rifle from a window in the Texas School Book Depository. Oswald was arrested 70 minutes after the assassination and was himself shot dead at the Dallas Police Headquarters by a nightclub owner named Jack Ruby.

Below we have listed just a few of the failed assassination attempts on US Presidents. Along with these failed actual attempts there have been numerous failed plots that were either stopped or abandoned before an assassination attempt actually took place.

List of Assassination Attempts on U.S. Presidents

  • Andrew Jackson (January 30, 1835) - An insane man attempted to shoot Jackson but his two guns misfired. Jackson beat him with his cane and the man was apprehended.
  • Gerald Ford (September 5, 1975) - Lynette Fromme, who was a follower of Charles Manson, tried to shoot the president but had no bullets in the guns firing chamber. She was quickly apprehended.
  • Gerald Ford (September 22, 1975) - Sara Jane Moore fired two shots at the president in San Francisco California. The first shot narrowly missed its target; as she raised her arm to fire again an ex-marine grabbed her causing her to miss again.
  • Ronald Reagan (March 30, 1981) - Upon returning to his limousine after a speech in Washington DC Reagan was fired upon by John Hinckley Jr. Reagan was hit once with a bullet breaking a rib, and puncturing a lung. Three other men were wounded in the assassination attempt.

LINK->

 
 
 
Revillug
Freshman Guide
4.2.4  seeder  Revillug  replied to  Buzz of the Orient @4.2.3    one month ago
Oswald shot the president with a high powered rifle from a window in the Texas School Book Depository.

Or as I like to put it, "Texas School Books have been helping to make liberals disappear since 1963."

 
 
 
arkpdx
Professor Participates
4.2.5  arkpdx  replied to  cjcold @4.2.2    one month ago
I am one who believes in the rule of law.

Unless a liberal is involved in breaking the law then you don't really give a damn about the law 

 
 
 
arkpdx
Professor Participates
4.3  arkpdx  replied to  cjcold @4    one month ago

It's a damn shame that liberals don't tend to be assassins

They don't? I will bet Seth Ryan, Vince Foster and Jeffery Epstein  and some 50 others would disagree 
 
 
 
cjcold
Professor Quiet
4.3.1  cjcold  replied to  arkpdx @4.3    one month ago

They were all assassinated by far-right wing operatives. That is what Trump does.

Especially Epstein. Trump couldn't have him talking.

 
 
 
Texan1211
Professor Principal
4.3.2  Texan1211  replied to  cjcold @4.3.1    one month ago
They were all assassinated by far-right wing operatives. That is what Trump does.

Since no link was posted, it is safe to assume you made that up.

 
 
 
arkpdx
Professor Participates
4.3.3  arkpdx  replied to  cjcold @4.3.1    one month ago

Trump wasn't on the manifest for Epstein's airplane going to his pedophile island like Bill was

 
 
 
igknorantzrulz
PhD Quiet
4.3.4  igknorantzrulz  replied to  arkpdx @4.3.3    one month ago

No, but Trump WAS listed as a Co-Defendant with Jeffrey Epstein in underage RAPE Charges, but since the young accuser did not show up, case was dropped. Imagine that, some poor teenager VS two very wealthy old White Guys, and then she isn't available....And yea,I know you want to defend our former Raper in Chief, cause it doesn't sound at all like 45. As he has about 20 sexual harrasmemt suits against him,and by his own words," just grabs em by the pussy", so, yea, i'm sure he would never 

 
 
 
arkpdx
Professor Participates
4.3.5  arkpdx  replied to  igknorantzrulz @4.3.4    one month ago
defend our former Raper in Chief 

I am in no way defending Bill Clinton. He settled his lawsuit and paid $850,000 to Paula Jones and was disbarred about for sexual misconduct on Monica Lewinsky

So tell me when did Trump have to pay a fine and/or lose a professional license because of sexual misconduct?

 
 
 
arkpdx
Professor Participates
4.4  arkpdx  replied to  cjcold @4    one month ago

One could say Hillary Clinton but a bucket of water will suffice for that witch

 
 
 
cjcold
Professor Quiet
4.4.1  cjcold  replied to  arkpdx @4.4    one month ago

Hillary has always told the truth.

Trump has never told the truth since he was a small child.

There have been many books written as to this fact.

Trump has always been a bully and a liar for his whole life.

Screw all high school dropouts who believe anything Trump has to say.

 
 
 
Texan1211
Professor Principal
4.4.2  Texan1211  replied to  cjcold @4.4.1    one month ago
Hillary has always told the truth.

I really admire your ability to type that without cracking up.

 
 
 
cjcold
Professor Quiet
4.4.3  cjcold  replied to  cjcold @4.4.1    one month ago

Very few in MAGA ever earned even a high school degree.

The uneducated are Trump's base.

 
 
 
Texan1211
Professor Principal
4.4.4  Texan1211  replied to  cjcold @4.4.3    one month ago
Very few in MAGA ever earned even a high school degree.

Who is IN MAGA? How do they join? Is there an application process or something?

The uneducated are Trump's base.

Best look at the Democratic base. Two groups who have voted reliably Democratic for decades have the two lowest graduation rates.

You know, if actual facts matter at all to you anymore.

 
 
 
Revillug
Freshman Guide
4.4.5  seeder  Revillug  replied to  cjcold @4.4.1    one month ago
Hillary has always told the truth.

I wouldn't go THAT far.

 
 
 
Texan1211
Professor Principal
4.4.6  Texan1211  replied to  Revillug @4.4.5    one month ago
I wouldn't go THAT far.

Very sensible of you.

I bet you have heard her speak before!

 
 
 
arkpdx
Professor Participates
4.4.7  arkpdx  replied to  cjcold @4.4.1    one month ago
Hillary has always told the truth. 

Be honest. You didn't write that with a straight face did you?

 
 
 
arkpdx
Professor Participates
4.4.8  arkpdx  replied to  cjcold @4.4.1    one month ago
There have been many books written as to this fact.

Written by no nothing liberals no doubt

 
 
 
cjcold
Professor Quiet
4.4.9  cjcold  replied to  Texan1211 @4.4.4    one month ago
Democratic for decades have the two lowest graduation rates.

Liberals are 6 more times likely to graduate college than conservatives

Conservatives are ten more times likely to drop out of college than liberals.

 
 
 
Texan1211
Professor Principal
4.4.10  Texan1211  replied to  cjcold @4.4.9    one month ago
Liberals are 6 more times likely to graduate college than conservatives Conservatives are ten more times likely to drop out of college than liberals.

Doesn't really address the fact that two groups who vote overwhelmingly Democratic have two of the lowest graduation rates, but continue to compare apples to oranges.

 
 
 
arkpdx
Professor Participates
4.4.11  arkpdx  replied to  cjcold @4.4.9    one month ago
Conservatives are ten more times likely to drop out of college than liberals.

That's because they find out that college is not the be all and end all in life. They see that the the cost does not always equal a decent wage. They also don't want to be a leech on society. They find that trade schools and working with your hands can be just as rewarding as college

Liberals are 6 more times likely to graduate college than conservatives 

And many of those liberal graduate qualified to be a barista at Starbucks and live in their parents basement if they are lucky. 

Oh! BTW! Say hi to your mom in your way down there 

 
 
 
bugsy
Professor Participates
4.4.12  bugsy  replied to  arkpdx @4.4.11    one month ago
Oh! BTW! Say hi to your mom in your way down there

Damn coffee on my shirt now.

 
 
 
arkpdx
Professor Participates
4.4.13  arkpdx  replied to  bugsy @4.4.12    one month ago

Sorry ( not)

 
 
 
Jack_TX
Senior Quiet
4.4.14  Jack_TX  replied to  cjcold @4.4.1    one month ago
Hillary has always told the truth.

That may be the dumbest thing ever posted on the internet.  WTF?

 
 
 
Drinker of the Wry
Freshman Principal
4.4.15  Drinker of the Wry  replied to  cjcold @4.4.1    one month ago
Hillary has always told the truth.

2016 saw a race between the two biggest liars ever to run for president.

 
 
 
JBB
Professor Principal
4.4.16  JBB  replied to  Drinker of the Wry @4.4.15    one month ago

Trump and Ted Cruz?

 
 
 
Drinker of the Wry
Freshman Principal
4.4.17  Drinker of the Wry  replied to  JBB @4.4.16    one month ago

Hillary beats Ted any day of the week and twice on Sundays.

 
 
 
JBB
Professor Principal
4.4.18  JBB  replied to  Drinker of the Wry @4.4.17    one month ago

Not really. In fact, you're being preposterous.

 
 
 
Drinker of the Wry
Freshman Principal
4.4.19  Drinker of the Wry  replied to  JBB @4.4.18    one month ago

Really.  You may have an opinion but you have no fact.

 
 
 
Texan1211
Professor Principal
4.5  Texan1211  replied to  cjcold @4    one month ago
It's a damn shame that liberals don't tend to be assassins.

Perfectly understandable, those black guns are pretty scary.

Who else but Trump has ever deserved a bullet in the head?

I am almost positive you could think of at least one person.

It won't be me, but I am a coward.

Okay.

 
 
 
cjcold
Professor Quiet
4.5.1  cjcold  replied to  Texan1211 @4.5    one month ago

A coward for not wanting to go to prison just for shooting a sub 90 IQ fool.

 
 
 
Texan1211
Professor Principal
4.5.2  Texan1211  replied to  cjcold @4.5.1    one month ago
A coward for not wanting to go to prison just for shooting a sub 90 IQ fool.

Hey, I already said okay, you don't need to try to convince me.

 
 
 
arkpdx
Professor Participates
4.5.3  arkpdx  replied to  Texan1211 @4.5    one month ago
Perfectly understandable, those black guns are pretty scary.

They also have more than one moving part. That being the case the average liberal would only hurt themselves 

It won't be me, but I am a coward.

Prerequisite for being a liberal. 

 
 
 
Drinker of the Wry
Freshman Principal
4.5.4  Drinker of the Wry  replied to  cjcold @4.5.1    one month ago
A coward for not wanting to go to prison just for shooting a sub 90 IQ fool.

So you see prison sentences as a deterrent to crime.

 
 
 
Hal A. Lujah
Professor Expert
5  Hal A. Lujah    one month ago

Hopefully Al Capone won’t be the only high profile criminal who dies of syphilis in prison, thanks to a conviction for one of thousands of crimes he assumed he could get away with.

 
 
 
arkpdx
Professor Participates
5.1  arkpdx  replied to  Hal A. Lujah @5    one month ago

You might want to check your gangster history. Al Capone died of a stroke at his mansion in Florida not in prison. 

 
 
 
Hal A. Lujah
Professor Expert
5.1.1  Hal A. Lujah  replied to  arkpdx @5.1    one month ago

He was released from prison because he was dying of syphilis.  That’s the only way Donald Trump should be released from prison.  He can trade in his porn star sex partners for some diseased prison cock.

 
 
 
arkpdx
Professor Participates
5.1.2  arkpdx  replied to  Hal A. Lujah @5.1.1    one month ago
He was released from prison because he was dying of syphilis

No he was released because he served his sentence for tax evasion. He did have neurosyphilis while in prison but penicillin was discovered and he was being treated with it. He died of a stroke in 1947

 
 
 
arkpdx
Professor Participates
5.1.3  arkpdx  replied to  Hal A. Lujah @5.1.1    one month ago
He can trade in his porn star sex partners for some diseased prison cock.

You going to be first in line to get some from him?

 
 
 
bugsy
Professor Participates
5.1.4  bugsy  replied to  arkpdx @5.1.3    one month ago
He can trade in his porn star sex partners f

More than likely he handed down those porn stars to Hunter.

 
 
 
arkpdx
Professor Participates
5.1.5  arkpdx  replied to  bugsy @5.1.4    one month ago

Heck he probably got them from Hunter. 

 
 
 
Greg Jones
Professor Guide
6  Greg Jones    one month ago

Trump won't be indicted or charged with any crime. Any attempt before the midterms will be seen as attempting to influence or interfere with an election.  After the midterms it won't matter.

 
 

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