This morning I wrote an article entitled Potential Earthquake Coming Today in Files Case: Appeals Court Orders Midnight Brief, 6:00 a.m. DoJ Reply. I noted that this kind of speed is unheard of even in a district court case, never mind an appeal:

The DC Circuit is doing something I’ve never seen and doing it under the cover (from the media) of the Manhattan circus. The DC Circuit Court of Appeals is taking up something big that almost has to threaten national security. There is responsible speculation that Jack Smith can prove a prima facie (On its face) case of fraud against Trump with respect to the files and – in theory – prove that Trump used his attorneys to further a crime with those files. The timing also indicates that there is almost surely a national security element to this matter. Nothing else explains the speed.

And now we know that Jack Smith does have a prima facie case of fraud against Trump and perhaps much more. How? Because one of the very few ways to breach the attorney-client privilege is to prove that the client used the attorney to further a crime, whether the attorney was misled, or whether the attorney was in on it. Jack Smith’s team convinced the DC Circuit Court of Appeals that it should be allowed to interrogate Trump’s attorney Evan Corcoran and they may do so in 48 hours.

As I said, 48 hours. They aren’t appealing – an immediate appeal tomorrow – to the SCOTUS because A) They would lose. The SCOTUS wouldn’t even take the case, and B) They need tomorrow to prepare for what Corcoran might say because, remember, this wasn’t Corcoran and Trump saying that he shouldn’t testify. It was Trump alone. Corcoran probably desperately wants to testify as a means to avoid jail. That means Trump’s attorneys have to have a come to Jesus moment with Trump and say: “Tell us now everything he could possibly tell them, or we can’t do you any good.”

In short, we know two things: One, we know that Jack Smith can prove that Trump committed fraud with his attorney. And two, we know that Corcoran likely has the goods, and those goods almost surely involve national security. Corcoran himself may not know what is in the files, but Jack Smith likely does, and that’s why they want the testimony fast, to determine whether they have enough to indict Trump sooner than they thought… in the interests of national security.
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[email protected], @JasonMiciak

 

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9 COMMENTS

  1. To go way out on a limb, could trump be threatening to release highly sensitive intelligence to save his skin? That may be the reason he stole the stuff in the first place, and maybe now he thinks he’s down to the nuclear option.

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    • Only an idiot would do that, as it’s all but admitting your guilt with zero wiggle room. So…fifty fifty odds on that, given who we’re talking about.

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    • There’s no reason to think Trump hasn’t already done so. Or that he let Jared take whatever he wanted knowing Jared would sell it – for a while after the WH Jarvanka was still in what passes for good graces with Trump. And he REALLY wants to fuck his daughter and thought maybe helping out her hubby would help but I digress. We know stuff was copied onto computers and flash drives. Those who did it and might be people Trump would turn to have to be scared as hell that Smith/the DOJ knows who they are and are watching them. Also, in his exile Trump HAD to keep playing bigshot with his dictator pals and probably shared shit just to show off. So that cat’s already out of the bag. Probably.

      And bear in mind the capabilities of the NSA. And that for all the damage he did intelligence networks are coming back online so if Trump tries that, and I think it’s possible he’s floated doing so to foreign entities and we know about it that’s what has prompted the incredible speed with which this is going down. Do it, and he WILL find federal agents including the Head of the Secret Service knocking on the door of Mar A Lago without warning. And hauled off to a jail holding cell. Probably the last flight he’ll ever take on a nice jet. His lawyers including the one who seems to be begging to be allowed to testify and cut a deal for himself have probably told Trump that. Add in a healthy dose of Trump paranoia and that it’s a sure bet he’s known since last week this could all come out it explains a lot.

      I still say we’ll never know the details. Given the national security issues we shouldn’t. However the broad strokes will be enough, at least for me. Your concern is valid, but I don’t think it’s as likely as you seem to think might be the case. Like I said, one Trump trait that gets overlooked is his paranoia. Which in this case is justified. He knows he’s under the microscope and scared as hell, and can’t trust ANYONE around him. Knowing one of his semi-competent lawyers is begging for a cooperation deal will make him more so. And while he might love the idea of a “perp walk” in Manhattan for fundraising purposes, an arrest by the feds for a national security breach is a whole nother kettle of fish. It won’t be fun. And he might not be leaving the courtroom after a short proceeding to hold forth on the courthouse steps either. I can see a gag order that includes a specific warning about Contempt of Court and being dragged right back inside and into a cell for the night. Or longer.

      This is suddenly moving rapidly and might go down before we realize. Like in days. Tick Tock motherfucker!

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      • Tick tock indeed. The suspense is so thick I can hardly stand it! I just hope the ending isn’t a let down like some shows I’ve seen.

  2. Hahaha. tRumph threatens to release highly sensitive material. Really? By the time he releases it, the govt will make sure it’s no longer highly sensitive. And by this time, many more people are beginning to disbelieve everything tRumph says anyway – even more than those of us from NYC always did. Like, “Hey Donnie Two Scoops, how dem PROTESTS for you, my favorites president, comin’ along? It’s Wednesday, wasn’t yesterday Tuesday?”

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  3. A LOT of people are going to owe Merrick Garland an apology when this is over. None of the groundwork started with Smith but Garland is ensuring it will end with him.

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  4. Well,,we,already know he is guilty of ,7 and 8. Possibly 5 and 6. Unfortunately terrorism doesn’t include American militia nuts, nut that anti -KKK law could be useful.

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