Posted on 09/01/2022 8:24:08 PM PDT by SeekAndFind
I’ve been a naysayer on the notion that the Justice Department is trying to make a criminal case against former President Donald Trump based on the Mar-a-Lago raid, at least with respect to the offenses most often touted: mishandling classified documents and illegally retaining government records.
But that has come with a significant caveat: If the evidence of obstruction of justice proved to be convincing, there’s a very good chance the government would indict.
The court filing made by the Justice Department on Tuesday night, in response to Trump’s lawsuit seeking a special master to review materials seized by the FBI, indicates that prosecutors have amassed formidable evidence of obstruction. That’s a game-changer.
As I explained in The Post last week, “The Justice Department typically takes very seriously any tampering with witnesses or evidence.” Moreover, if it turned out that the FBI had damning “proof of attempts to conceal or destroy government records, especially highly classified ones,” that would amount to criminal conduct that is virtually always prosecuted.
Classified information cases are very difficult to do, even without the added complication of a suspect who happens to have been the only official in government with the power to declassify any intelligence. It is hard to prove the case without risking disclosure of the intelligence. And a prosecution centering on unlawful retention of government records has its own complications. Post-Watergate, when Congress enacted the Presidential Records Act, lawmakers did not include criminal enforcement provisions. The Justice Department now believes that gap has been filled by a different statute (sec. 2071), which criminalizes the removal or concealment of government records. Maybe so, but the question would have to be litigated.
(Excerpt) Read more at nypost.com ...
DC Court DC Jury. The jury will be out long enough to take role and then vote to convict. Our country is gone.
He was working with NARA to return the docs in question, so how was that obstruction? And if he has evidence of the DOJ trying to railroad him throughout his presidency, you expect him to turn that evidence over to the ppl coming after him? Lastly, he declassified the docs so they’re no longer classified; therefore, no crime was committed.
Spot on!
Ham sandwich.
Trump is going to be indicted.
IIRC, McCarthy is a neverTrumper.
Could that be coloring his claims?
McCarthy is and always will be a never Trump putz. His legal analysis isn’t worth spit.
I’m beginning to wonder if Trump’s legal eagles are putting together a case to insist on a change of venue, claiming there is no way he can get a fair jury in the District of Columbia. Especially with the press coverage by the usual suspects.
Obstruction doesn’t get the job done. Trump can still be president. The regime wants insurrection.
Fourteenth Amendment Citizenship, Equal Protection, and Other Rights of Citizens
Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
I was wondering how the DOJ could actually use the DC Court? They got the search warrant in Florida, it would seen they would need to use a Florida based grand jury if they plan to prosecute based on evidence obtained from that raid.
turley would be a better source for legal analysis
than mccarthy
F’ the Trump hater/big govt lover Andy McCarthy. He can take his biased opinion and shove it.
If I heard correctly the RATS already have a Federal Grand Jury ready to hear evidence in this case. If that’s true it’s very easy to get an indictment. They will prosecute.
Exactly! The regime, its flying monkeys in the media and social media, and the assistant Democrats all want insurrection because they believe they've found the foolproof silver bullet for Trump.
You are a DISGRACE, Andy!
NeverTrump McCarthy strikes again. When it comes to Trump, McCarthy is wrong probably 70% of the time. Poor track record, influenced by his hatred.
“The boxes contained prodigious amounts of classified information: 700 pages worth, much of it top-secret. Upon beginning to investigate, the FBI developed evidence (still not described) indicating that Trump continued to hoard classified intelligence”
Idiot McCarthy KNOWS they weren’t “classified.” The were MARKED classifed, but were not; Trump declassified it all in one fell swoop by sending them to Mar-a-Lago.
Bfd.
Disingenuous on McCarthy’s part. As usual.
McCarthy is a big fan (rightly so) of the DOJ OLC. Smart, unbiased, legal brainiacs, who’s job is to give semi-binding internal opinions on complex Executive branch legal issues. But apparently, the cabal running this ops against Trump never ran this investigation and raid by the OLC. Why?
Because they knew they would have been shot down, and shut down, before it got out of diapers.
McCarthy, by not bringing up the OLC, is the dog that didn’t bark. He’s blatantly avoiding it.
He knows they absolutely should have run it past them. He knows, too, it would never have gotten 3 steps if they did.
So his NeverTrump bias blinds him.
And this will be their downfall. The left always overshoots the mark. Even now this “insurrection” narrative doesnt seem to be capturing the nations attention. The evidence doesnt work for them and just the other day Joe was bragging about how no one could actually overthrow the govt without “jets”...basically undermining the entire premise of 1/6 as a coup lol.
This will not stop them from focusing on it.
On the other hand , I think why not indict for any and all “crimes” theyve dreamt up . Democrats have no shame and zero self awareness. The stunt could very well cripple their own party but the need to stop Trump has broken them. It consumes them. The nation is failing and this is where they spend their energy. Biden spending every second now condemning half of America. Should work out well for him. /s
Voters will not forget this.
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