Yeah.  I said it and I stand by it.  It doesn’t matter if Trump or  his team planned it this way or not.  Either way, the fact Smith still hasn’t filed charges on the Classified Documents case tells me Special Counsel Jack Smith is letting himself get played by Trump.  Chasing every new, shiny “Hey! Chick THIS out!” new lead.  Trying to gather and box up EVERY  SINGLE  DETAIL  and wrap it up in fancy paper & top it off with a perfectly tied bow on top.

It’s not like that’s a new thing for federal prosecutors as a whole.

Does my complaint about Smith seem harsh?  Maybe it is.  Maybe I’m unfair.  Maybe I’m full of crap.  I’ll be the first to admit that Smith and many of those working for him might well be smarter than I am.  Not to toot my own horn (okay, so I am) but I’m pretty smart.  Been told so many times in my life by people with much greater accomplishments who everyone knows is smart.  I’m no dummy.  I’m also not a lawyer, much less an experienced prosecutor.  I do however know a few things about the system because over the decades I’ve paid attention.

So before you decide that maybe I should STFU and trust Smith and the system I’d like you to consider a couple of things.

First let’s talk about Trump and his long, long LONG history of legal issues that go back to when he started work directly for daddy when his pops was the owner/shot caller of the Trump Org.  Few people have been able to get through to Trump and teach him anything.  Unfortunately one of those few people was legendary (for all the wrong reasons) attorney Roy Cohn who was daddy’s guy.  Perhaps seeing a kindred spirit, someone capable of becoming just as vile and despicable as he Cohn took Donny Boy under his wing.  And taught Trump one of the few skills Trump possesses.  The ability to, when facing some legal matter drag it out for-freaking-ever.  To the point where those going after Trump for any reason, civil or criminal would either give up or settle for something far less than the consequences Trump should have suffered.

It’s not like the entire country didn’t get a massive, in our faces lesson on Trump’s ability to drag things out once he became President.  And since.

Here’s the other thing.  Federal prosecutors in general are cautious about filing charges on anyone.  Much more so if that person happens to be rich and/or powerful.  To a certain extent I can understand why.  In most criminal prosecutions whether state or federal the government has far more resources to bring to bear than most defendants.  That imbalance is why it takes a unanimous jury to convict someone.  However, with rich people who can hire a whole team of lawyers and their own investigators things even out.  In fact, in some cases it’s the government that’s overmatched for two reasons.  Discovery, showing the other side your evidence is a one-way street from prosecutors to defendants.  If the defense uncovers something that it will be tough for prosecutors to address if introduced during a trial, there’s no obligation to tell the prosecution!  Add in that requirement of a unanimous vote needed to obtain a conviction and the odds can even shift in the defense’s favor.

One more tidbit: Federal prosecutors tend to face a lot of white-collar or organized crime which means more so than state prosecutors square off against defendants with financial means.  All those high priced (because they are talented) lawyers and better expert witnesses.   That over time has I believe created a culture rooted in caution – of federal prosecutors going overboard in too many cases in trying to make “super sure” they have a solid, even rock solid case if they want to bring charges.  It’s bad for their own careers and bad for DOJ to lose a case.  So I do get it.  At least to a certain degree.

However, fear of losing can’t drive the process or the wheels of justice come off the rails.

I’m someone who believes that’s exactly what’s happened over time.  It’s often said and accurately I believe that there are two systems of justice in this country.  One for the rich (and powerful) and one for the rest of us.  One in which rich/powerful people routinely get away with stuff that prosecutors would nail the rest of us for.  Tell me you don’t know the old saying I mentioned is true.  That the system is biased enough that often (way too often) rich/powerful people don’t even have to beat the rap in court because prosecutors are too fearful of losing to even bring formal charges in the first place!

So we know, we know rich powerful people get benefits from and/or are protected by a system that frankly is all too often more afraid of losing than of ensuring justice and accountability, even for crimes that have massive impact on lots of people.

Exhibit A is one Donald John Trump.

So let’s take a look at the Classified Documents case Smith is investigating.  (and investigating, and investigating…)

Here’s what’s in the public record.  Unlike former VP Pence, or Biden even further back who’s staffers didn’t do a thorough enough check and wound up with a handful of classified documents mixed in with stuff that had been moved to private spaces, Trump’s people packed up boxes (a lot of boxes) that contained a LOT of classified documents and other information.  (A certain map we’ve been hearing about for example)  By law, each and every one of these classified documents belong to the federal government.  So does most if not all the other Presidential papers that were mixed into some of those numerous boxes.

I should also note that when taking office Trump and his people were briefed on the proper handling of classified information.  And I can assure you that as soon as the election was called (if not before) the National Archives briefed Trump and his people on what to do to ensure all the Presidential papers were turned over to the Archives.  Including the fact that like other former Presidents once he had a Presidential Library most of it would be transferred there and overseen/managed by National Archives staffers.  Additional briefings would have taken place about National Security related stuff.

Ignorance can’t be used as an excuse.  This is all standard stuff.  Anyway the National Archives learned/realized shortly after Trump had shuffled off to Buffalo Mar A Lago that stuff that should have been turned over wasn’t, and that Trump had taken it down to FL. (And who knows where else?  His Bedminster place?)  They got in touch with Trump and he acknowledged he’d taken a bunch of stuff.  But he said it was his right as President to take whatever he wanted on the way out the door.  The Archives of course disagreed and we were off to the (turtle) races.  Things dragged on for over a year.  It became known to the Archives and within the government that some of what Trump had taken was classified information.

And that he was refusing to give it back.  Including classified stuff.  How the hell it was allowed to drag that way still infuriates me.   And AG Garland’s lack of guts to do something back then is a legal sin for which he will never be able to fully atone.  Eventually though the Archives got serious and prodded the DOJ and FBI to start doing something.  And Trump returned some stuff.  It was doubtful he’d returned it all but it was a start.  And he, via his lawyers were asked to attest in writing that all that was supposed to be turned over had been.

It was immediately clear that wasn’t true.  However instead of sending some Feds into Mar A Lago with steel bracelets (I think “45” etched into them would have been a nice touch) but again, as happens with rich/powerful people Trump got special treatment.   But in the end even No-Guts Garland couldn’t avoid allowing the execution of that way, WAY long overdue search warrant.  And boy did they hit the jackpot!   Some of the over one hundred classified documents recovered were of the very highest level.  Trump’s team had SWORN quite literally in written and verbal form that there were no more classified documents at Mar A Lago. This I must note is just some of what we the public already know!  How much more is there that hasn’t gotten into the public realm?  I’d bet it’s quite a lot.

Anyway, I can understand the feds taking a couple of weeks after the Mar A Lago SEARCH to document all that had transpired and double-checking that since National Security related charges were involved that every classified document was in fact classified when taken.  I’m sure that was done, and as I said within two, or at most three weeks. And STILL no one has been arrested.

WHAT  THE  F**K?

Garland (I think) channeled (mostly out of sight) Senator Susan Collins – being “very concerned” and so on but the bottom line is that while  investigation continued he dithered and floundered and refused to do what would have been done with ANY other person including ANY other former President which is take the already huge amount of evidence of multiple federal felonies and charge Trump.  Months went by before he did what he should have done way over a year before – appoint a Special Counsel to look into Trump’s having taken not just records but classified information with him on the way out the WH door.

Like others, I thought two things.  The first was “About f**king time but better late than never!” and #2, this guy Smith doesn’t play around.  In fact it was encouraging that Smith immediately moved back from the Hague to the states – it was like he’d been given a heads up about his appointment and was prepared when things became official.  Holiday seaons be damned it sure looked like he intended to and did hit the ground running.

I thought (as did so many others” he inherited a solid case already with the documents and could move on it by early 2023 once fully up to speed on all the evidence.  If not mid to late January then certainly in February.  I was willing to cut slack on the larger, far more complex J6 investigation of Trump and Trump’s close advisors.  However, they are two separate cases and I saw then and still believe moving on the simpler, much more highly focused one (the documents) needed to happen as soon as possible.  There’s nothing in the law that says if a prosecutor is investigating someone on multiple charges, even if those charges fall into different types of crimes the prosecutor has to wait until EVERY crime/charge is ready to present in ONE trial!

Well, early this year has come and gone.  We keep hearing Smith is moving full speed ahead and running down all the leads in the documents case.  And therein lies the problem.  Running down every lead.

Trump, whether as part of an intentional strategy or not keeps creating new leads!  He shoots off his mouth in the Town Hall and what happens?  Legal talking heads check with their sources and report Smith’s people are on it.  He gives yet another interview and shoots off his mouth again?  Same thing.  It  Will  NEVER  Stop.  There will always be new things added to the pile of evidence.  Never will the time come when Smith can say “Well, we’ve gotten every bit of evidence. We’ve analyzed, sorted, collated every bit and double & triple dotted every “I” and crossed every “T” and now we can file charges.  There will never come a point when there is no more evidence that can be gathered.  Never.  Not if hell itself was to freeze over.

It’s time.  In fact it’s way the hell PAST time.

Consider a different scenario that’s played out in organized crime cases.  The feds build a strong case and actually prosecute.  They know that for all they’ve got there’s more, but they know they’ve got more than enough to bring a successful prosecution and hang some hides of felons on their wall.  In fact, they are certain somewhere along the way someone is going to look and see they’ve got the goods and switch sides.  Turn into a prosecution witness in exchange for some kind of break.  And, that when their new witness confesses they might well open up entirely new charges, or prompt the opening of a whole new investigation!

That doesn’t stop prosecutors from filing their charges and prosecuting their original case!

It shouldn’t be stopping Jack Smith now.   Or Merrick Garland if I’m being unkind to Smith and he has asked Garland to sign off on charges and Garland has balked. (Possible)

Long ago when I was on active duty and for a time when on night shifts and with Navy MAs doing security sweeps of classified spaces in the Pentagon for unsecured classified office spaces or unsecured documents I saw such things.  Had I tried to sneak out just ONE single document, especially one marked Top Secret/SCI and gotten caught even trying I’d have been f**ked for life right then and there.  When the sun came up the Old Man would have the paperwork in front of him laying out what I’d done.  My security clearance would have been revoked on the spot.  I’d have been hauled off in handcuffs to the brig.  Quickly tried and convicted at a Special or, if I was stupid enough to contest the charges a General Courts Martial and after serving my sentence been given a Bad Conduct Discharge.  And since conviction by either Special or General Courts Martial carries the same legal effect as a felony conviction I’d have been branded a felon for the rest of my life.

Yes, really high up people have gotten some leniency most of us don’t get.  David Petraeus comes to mind but he didn’t share Top Secret stuff either.  Trump is at a whole different level, both in what he STOLE and what he’s done with it.

So, if you’ve read this far do you think I’m to harsh in my assessment of Jack Smith?  Do you think we should a) give him MORE time to check out the next new proverbial “shiny object” Trump displays, cross-checking it against all the incriminating evidence he’s already got and spend more time dotting I’s and crossing T’s or b) FINALLY charge Trump with the felonies Trump committed?

Again.  Smith knows Trump committed felonies and has plenty of evidence that will stand up in court to prove it.  More than enough admissible evidence was gathered months before Smith was appointed, but the important part is that there is plenty of damning, admissible evidence (including the element of intent) of multiple federal felonies committed by Trump himself.  WE know it.  TRUMP knows it.  Worse, Trump knows we all know it and has been merrily bending over and mooning us with his big fat orange a$$ DARING Smith (and Garland) to do something about it.

I say it’s time to stop being wimpy chickensh!ts.  You might well disagree, but I’ve stated my opinion and am sticking to it.  And even if Smith/Garland grown enough spine to do what should have been done long ago, I will never forgive how long it took because incalculable damage has been done to this country for letting things drag out as they have.  But that’s an even longer discussion.

There’s a question in the title pic.  The answer is of course yes.  The better question is if Smith is ready to slap the cuffs on Trump and haul him into federal court to face felony charges.  Sadly, at this point the answer is at best “maybe.”

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6 COMMENTS

  1. I don’t disagree w/your sentiment. However, there are a few things you haven’t considered. First, when Jack was appointed, the documents were still tied up in the southern district of FL with Judge Aileen Cannon. Then, he encountered the problem of TFG using his lawyers to deceive DOJ. DOJ had started, before Jack, to try and pierce attorney/client privilege because either wittingly or unwittingly they had become accomplices. The courts finally granted DOJ’s motion to get the lawyers, without privilege, before the grand jury. That just happened this month. So I am expecting the documents case to be indicted soon. If we get to July 4th w/no indictments, I’ll join everyone banging the drum, demanding action.

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  2. Denis, your fear is based on reality. There will be a tipping point where, if you wait too long, Trump will walk once again. Let’s pray Jack, and more importantly, Merrick Garland, has told the truth. If Trump walks once again, Merrick will be proven to be an ass covering liar. Hey merrick, the jury is also out ON YOU! Remember the lie over the Supreme Court building? Equal Justice Under Law…put up there by lawyers of course. Prove it. Save your goddamn spin and public relations campaign.

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    • Fear is an appropriate word for some of what I’m feeling. In particular because now all of a sudden we have the National Archives putting out stuff like misplacing National Security stuff is much more common than people think. Maybe that’s true and maybe not but even if one or a handful of items are turned back over to the classifying authorities (who lest we forget should be keeping track of their own stuff and after a certain time ask for it back or for justification on why the person that has it hasn’t handed it back over) there’s a huge difference between inadvertant and intentional and Trump & his minions have made it clear the stuff taken was taken intentionally. Still, I couldn’t help but wonder when I heard that today during a news show on MSNBC if Garland quitetly suggested the Archives put out that kind of statement as a way of muddying the waters.

    • And what’s your attitude when a defendant gets off because the prosecution’s case could NOT convince the jury?

      Huh?

      You do a hell of a lot of BS whining about “equal justice” but what you ALWAYS like to ignore is that little prerequisite of a “presumption of innocence” that is SUPPOSED TO BE the very hallmark of “equal justice.” But when it comes to folks who you don’t like, suddenly, you DON’T care about “equal justice”–you’re just about “getting even” and “vengeance” as though that will suddenly make a difference to anything.

      You (and I’m using the personal you, here) cannot complain about how there are “two sets of justice” and then turn around and endorse that very attitude when the accused is someone you don’t like or even outright loathe.

  3. I imagine there is also a problem with a trial concerning classified documents and presenting them in court. However, I am sure they have done that many times and shouldn’t be stymied by such. Maybe we will see one of these days. I want to know when and if they are going after all the traitors in Congress. Bringing down Trump and none of the Jim Jordan’s will not be enough. The states making all these unconstitutional laws such as voting restrictions should be attacked as well. Robert’s be damned. Racism is no more dead than global warming.

  4. My attitude when a prosecutor can’t convince a jury is: AT least they were CHARGED, and tried in a court of law, where the outcome is unknown until the jury decides. If anyone seems to want a predetermined, guaranteed outcome, it appears to be YOU. You seem to argue there isn’t enough evidence in the document case to even CHARGE him. Really? Then empty the jails. Oh, and send some that great stuff you’re smoking my way. Just drop it out of the window in that ivory tower, where every citizen gets years of presumptive innocence, while confessing to the crime, on national TV with boxes and boxes of evidence. Guess jack should wait till after the next coup. That way there will be less or no evidence, and justice will be served. Equally, of course.

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