Don’t Take Your Eye Off Jack Smith
S E E D E D C O N T E N T
Manhattan, as always, likes to take the glory. But Washington is where the real power resides.
Donald Trump knows that—there’s a reason he left New York to go into politics. It’s also a good way to think about the news around Trump this week. The eyes of the world will be on Manhattan, where the former president is expected to be arraigned tomorrow morning. But the clearest threat to Trump is quietly still the one posed by the Justice Department’s investigation into his handling of classified documents.
What exactly Manhattan District Attorney Alvin Bragg has on Trump is expected to become public when the indictment is unsealed, which may be tomorrow. The strength of the case, which public evidence suggests relates to the 2016 payment of hush money to the adult-film actor Stormy Daniels, is unclear. Some legal observers worry that the case depends too much on novel or tenuous legal theories. But even if it is strong, it is an odd (and old) footnote to Trump’s worst behavior once he was elected president.
David A. Graham: A guide to the possible indictments of Donald Trump
The documents matter is different. Unlike the DOJ probe into Trump’s attempts to steal the 2020 election (which, like the documents investigation, is being run by Special Counsel Jack Smith) or an investigation into the 2020 election in Fulton County, Georgia, it does not cut straight to Trump’s worst damage to American democracy. Yet absconding with presidential records is a crime that only a high-ranking official like the president could commit. Beyond that, the case has long appeared to be the most straightforward to prosecute, as I explained in January . The law is simple, and the general outline is clear: Trump took the documents, and he refused to give them back when asked.
An eye-opening new report in The Washington Post underscores the strength of the possible case against Trump—and in particular the suggestion that he has tried to obstruct the investigation.
As has now become clear, classified documents do occasionally end up in former officials’ possession, as in other recent cases involving President Joe Biden and former Vice President Mike Pence. Many officials caught with such documents complain that they are victims of overclassification, but the law is the law. Even so, two things set Trump’s situation apart: First, the documents are extremely sensitive, reportedly covering nuclear secrets and programs aimed at China and Iran. Second, when the government asked Trump for the documents, he (unlike Biden and Pence) refused to hand them over. This truculence is why the FBI ended up making an unannounced search in August, which turned up more than 100 documents marked classified.
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According to the new report : “Federal investigators have gathered new and significant evidence that after the subpoena was delivered, Trump looked through the contents of some of the boxes of documents in his home, apparently out of a desire to keep certain things in his possession, the people familiar with the investigation said.”
If true and provable, that would be a major development. Trump has tried to muddy the waters related to the documents. He has argued that the papers he took belonged to him. Questions also exist about who actually moved documents and what Trump knew about what was in them, and he has historically been clever about maintaining a veneer of deniability. But evidence that shows that Trump personally went through the documents after the subpoena would strongly suggest that obstruction had taken place and set the case even further apart from other classified-material probes. No legal theory suggests that the target of a subpoena can pick and choose whether to comply with some parts and not others.
This is just one newspaper report, of course. But it sounds a lot like something Trump would do, doesn’t it? In fact, he has already all but confirmed it. During an interview last month, Fox News’s Sean Hannity tried to inoculate Trump, who instead eagerly incriminated himself .
Read: Process crimes and misdemeanors
“I can’t imagine you ever saying, ‘Bring me some of the boxes that we brought back from the White House. I’d like to look at them,’” Hannity said. “Did you ever do that?”
“I would have the right to do that,” Trump replied. “There’s nothing wrong with—”
“I don’t think you would do it,” Hannity pleaded.
“Well, I don’t have a lot of time, but I would have the right to do that. I would do that,” Trump said. “There would be nothing wrong.”
Hannity, perhaps sensing danger, tried to change the topic, but Trump charged ahead. He noted that the estate of Richard Nixon ended up receiving $18 million in a federal settlement over presidential records. (Left unsaid: that Nixon’s misdeeds were a catalyst for changing the law on records to what exists now.) So Trump has already said he’d do exactly the sort of obstruction suggested, and he’s provided a profit motive.
Smith’s probe has perhaps gotten less attention than the others because, like Robert Mueller before him, he has overseen an investigation with few leaks. Mueller, too, ended up zeroing in on obstruction, and provided clear evidence that Trump had obstructed justice— though he refused to say so plainly or bring charges, citing DOJ guidance against indicting a sitting president. Smith faces no such procedural hurdle.
At the time of the Mueller probe, Trump’s defenders took to writing off any instances of obstruction as mere “process crimes,” as though some crimes are somehow not really crimes. Often, prosecutors do bring obstruction charges when the act impedes prosecuting an underlying crime. But in this case, obstruction is not just an effort to avoid prosecution; it’s a perpetuation of the crime itself—keeping the documents. Smith has an opportunity to recognize that and act where the previous special counsel couldn’t or wouldn’t.
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Alternate headline: MAN BITES SELF, DOG DIES
Friday....
Is that when the weekly 'libs had a horrible week' is posted?
LOL
trump found out yesterday afternoon the court ruled his aides are not protected by executive privilege, and a few days earlier, neither are his secret service detail.
and his lawyer for it just recused himself...
Another rat, jumping ship.
trump sure is putting a dent in the number of lawyers still able to practice law in the US...
too bad...
Well, they should have paid attention in their ethics courses.
He's pure as the driven snow I tell ya!
Never done nothin' wrong his whole life!
hopefully he'll pull all of his defective spawn into the shitter with him...
... and the DOJ flushes it.
...slide down a few miles of pipe and then be among his true constituency.
... the essence of maga.
... laying on the floor of the swamp.
Trump called Jack Smith a "lunatic" a few minutes ago.
Why do you listen to what he has to say?
Because he's going to be the GOP candidate for president next year.
Why do you not listen to him?
The idea that Trump will just go away if people just ignore him has been a disaster for this country.
I don't listen to him as I don't support him and don't feel that listening to him is a good use of my time. Trump won't go away until he loses the election.
You wanna be careful there, someone may accuse you of supporting Trump with talk like this... You've accused others of supporting Trump for less..
lol.
Trump won't go away until he loses the election.
Have you been living under a rock since he lost the last election?
Trump wont go away until he dies. If things keep up some people will start praying for it.
He might go away if he loses the 2024 election. If he tries to run in 2028 he will be 82 on election day and would he be willing and able to run a campaign at that point? I believe people are ready for the next generation to come up and start running things.
This indictment from Bragg might just be rocket fuel for his primary campaign and bring him in as the Republican nominee in 2024 but I do not see him as being able to win the general unless Biden is indeed the Democrat nominee. IMO Biden got lucky in 2020 as there were more people who voted against Trump but after the past couple of years Biden won't have that advantage and a lot of people will be critical of him in the next election. Not that I want to see either one of them on the ticket...
Donald Trump, not Joe Biden tried to overthrow the 2020 election and thus the US government.
And yet you suggest there are circumstances under which he would be acceptable for another term. This is THE problem. People like you cannot stop trying to make excuses for keeping this traitor in the political limelight.
Yeah, yeah, yeah, but Biden.
Nope. This is all about trump.
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Over Brandon the Human Fuck Up Machine; and Democrats? You better believe it.
No, the problem is Democrats and the people that support them completely ignoring what a dumpster fire they have turned this country into.
Brandon the Human Fuck Up Machine will not be able to hide in his basement this time. He has an abysmal record that he will not be allowed to hide from. Open border allowing illegal immigrants, drugs, guns, slave/sex trafficking, and terrorists across. Inflation and high fuel prices that won't go away no matter how much Brandon claims otherwise. Throw in crime; Ukraine (hell anything dealing with foreign policy and Brandon fucks it up); and our wonderful two tier justice system.
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Don't let your obsession with Trump get in the way of what I actually said. I've said in the past that I do not support him and cannot vote for him. But if somehow both he and Biden end up as the nominees I do not believe it will be as easy this time for Biden to win based on the past couple of years. Throw in a possible recession and it becomes a rather tough hill for Biden to win. And that's all I said.
Why, you dastardly Trump DEFENDER, you!
Shame, shame!!
LOL!
Get a grip. That level of emotional hyperbole is not going to persuade anyone (at least not in the direction you desire).
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Oh damn.. you got me... LOL
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Thought I'd beat the usual suspects to the punch!
No, actually I've seen this movie before.
He won't ever go away, not until the day he dies.
So now he 'might' go away and not - he 'won't go away until he loses the election.'
I know lots of people wishing for it. The things I've heard people wishing would happen to him I can't quote without getting suspended.
Just always defending the indefensible
Yeah, that just really sunk in - what has he been doing since he LOST THE LAST ELECTION FFS?
I hardly ever read his rants that usually consist of Brandon and the human fuck up machine and TDS. A complete waste of time. Oh, and two-tier Democratic justice system. And endless PD&D.
No doubt we will be seeing federal indictments against Biden for stealing government property and hiding it all over the nation. 🙄
"...continuing to look worse and worse for Donald Trump."
That is if one is willing to take a opinion piece viewpoint from The Atlantic as a fair and non biased source. I won't do that.
... all the way down the rabbit hole.
head first.
they all start to sound like broken records...
No surprise there.
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I'm not so sure about the Jan 6th investigation side of this, not sure they can find anything definitive to charge him with there. I always felt the strongest case would be obstruction around the classified documents.
I concur.
despite the legal activity to retrieve them, trump is still retaining classified documents. when jack smith finds them, again, I want to see trump jailed until a trial date is set for that crime.
I'm not aware of any classified material currently in Trump's possession...
Facts rarely matter when the subject is Trump.
and you don't think they have anything on him for 1/6.
WOW
neither were his lawyers previous to the mar-a-lardo search warrant being executed ...
When was the last time you were at Mar-a-lago?
Maybe it was near the same time the poster was there to verify that Trump still has documents??
I'm willing to wager he does.
the only search warrant that we know of so far is the one trump has been fund raising off...
Morning...fair dinkum...turn the tv on and what do I cop...bloody Trump!!! 😖😖😖
Why on earth we have to broadcast it I have no idea!!...I really don't give a flying fig ..this really is off like a bucket of prawns in the sun...
I need a coffee..it's too much for a koala to bare this hour of the morning...🐨🐨
Not a happy Vegemite.. surely there must be something else going on in the world...wars, earthquakes, tornadoes... hell I will even take COVID over political crud...😵💫😵💫
Much of the media cares mores about profits that integrity.
Morning drinker..fair enough put it on your TV channels etc as it is news..but to make it breaking news headlines here..our tv ex's should be shot...
I would rather watch paint dry.
We had devestating tornadoes last Friday here in Arkansas. I had to take shelter twice at work. That's something as important as trmp, to me anyway
OMG. There have been so many instances of deadly storms and tornadoes across so many states and terrible storms - I believe I've lost track of them - this is early and more severe than usual also regarding Spring storms and weather.
Morning Trouty....my rellie was actually in Arkansas the day it happened. He had just landed in Dallas met his girl friend then drove 5 hours to Arkansas for her to sit an Australian entrance exam.
She is looking to migrate here and it's part of the process. Another one to convert to speaking Aussie in no time..
They weren't in the area where the tornadoes were but it did create some concern down here when they mentioned Arkansas and then we saw it on TV...glad you are ok but the aftermath is truly devastating...lost souls and lost homes....
Now seeing that on TV here is breaking news and enough to stop you in your tracks and watch Mother Nature at her worst..but most fascinating.
We don't need to see some puffed up over stuffed turkey preening himself on our TV screens that has the relevance here of road kill... our TV mob should be fired for shoving it on...
Geez I need a coffee and I am not turning the TV on this morning..
I'm glad you're rellie and his girlfriend are ok.
I'm starting to get the hang of Aussie language just from reading your comments.
This spring has been bad...and it's not over
you've already passed their driving test...
LOL!
it's always fun to ask an aussie what part of britain they're from...
Personally, I'd rather hear about those as well rather than Trump.
yeah, he left a bad taste in a lot of GOP mouths...
but the majority still love him...
... and are used to spitting.
that had to be a horrible sight. the wind blowing 60+mph and all the goobers lining the streets with their pants unzipped...
Even in Australia? Jeez, if you have to put up with deadly spiders, snakes, and drop bears, surely you should get a pass from ever having to hear about Donald Trump except in a comedy routine? I mean, I thought that would be one of the benefits of living down under.
Morning Sandy...yes unfortunately we cop it down here as well...the tyranny of distance has failed us with technology..
Would rather go and clean a crocs teeth, swim with a shark, play with a snake or catch a drop bear than see that..🐨🦘
Nice thing about New Zealand when I lived there was that the only venemous critters were three varieties spiders, none of which whose bites were life threatening. They have sharks and jellyfish but I never went near the water. I loved New Zealand!
...nobody cares.