Just A Couple Things About The Indictment On This Friday

I could go on forever because this is fascinating and hilarious and sad and troubling but I’m about to go enjoy my Friday as America descends into third world political status so...

In 20 years of practice, including 4 in criminal, I’ve never seen an indictment like this, which isn’t really surprising given the nature of prosecuting a President. Nonetheless, I’ve seen some weird cases but never anything like this. I’ve never seen an indictment that not only references, but really seems built around a conversation including jokes and what ifs between the defendant and his lawyer.

They didn’t just overcharge, they massively overcharged to the extreme. Overcharging is not uncommon, many prosecutors do it. I’ve done it. The reasons are often to coerce a guilty plea but in this case, as in the NY case and soon to be in the GA case and probably in the DC case, it is done primarily for more bites at the apple. I wonder if they are interested in trying to get Trump to reach a plea. It’s difficult to know because these cases against Trump are unique in that they are special, politically motivated, and emotional. They are also quite contrived and involve novel legal theories that are combined with other novel legal theories so the prosecution may be interested in getting Trump to plead guilty to some counts and spend some time in house arrest, pay massive fines, and agree to stay out of politics.

This could go on for years. Trying and defending a President is a monumental task and there will be appeals because such a case, especially this one given it’s specifics, involves fertile ripe grounds for appeal. Even if Trump is found guilty, I imagine he will remain free as his case moves into appellate process and it will probably go to the Supreme Court as it involves one President prosecuting another President and political challenger and numerous areas of concern such as privileges, classified docs, unclassification, etc. Although it would be fascinating to watch the Supreme Court under Roberts deny review lol. It will also be fascinating as the defendant appointed three of the justices. All of this is new territory.

But there are very troubling large aspects of all this for the country:

This is a President (yes it is, Garland is a political hack and so is Smith) prosecuting another President and political challenger. That is troubling for the country in itself.

Moreover, a President is prosecuting another President and his political challenger in a case that the prosecuting President and the former party and fellow Obama Administration Presidential nominee Hillary Clinton could also be accused and prosecuted, but are not. That is very troubling for the country.

I think enormous damage is being done to the integrity, foundation, and reputation of the country for political purposes and I don’t joke about such or take it lightly.

Sorry for being longer than anticipated. Enjoy your weekend.