Trump doesn’t think he should be charged for any crime at all. But knowing it’s coming his wet-dream is that he can have his trial in his own back yard instead of DC. Down there at and around Mar A Lago there are tons of RWNJ Gopers, many of them full blown MAGAts. Even if they intend to vote for their Gov., or some other Republican in the primary they will rise up in full-blown fury to protect Trump. That means filing charges in FL and holding the trial there isn’t merely inviting the possibility of DOJ losing the case. It’s begging to lose!
What in the $*#& is Garland and/or Smith thinking?
Here’s why I’m ranting. The news today is that someone high up in Trump World gave grand jury testimony today – in Florida. Yesterday there were questions about why this would be happening down there, considering all the stuff about Smith calling back a DC grand jury that’s been on hiatus. Why (yesterday) there were questions being discussed about testimony before a Florida grand jury. Was there a whole new grand jury we didn’t know about looking at some new set of charges? Interesting stuff.
Today I’m hearing something way more disturbing. I commented yesterday about Trump’s meltdown after his lawyers had their DOJ meeting, and comments that if he couldn’t avoid charges then at least they should be brought down there in FL instead of DC. My comment was that the crimes, both J6 and stealing documents happened in DC. To this non-lawyer that makes things pretty cut and dried.
Yes, Trump has fought returning stuff every step of the way. That means he obstructed justice, engaged in prolonged continuation of the original crime from Mar A Lago down there in FL but the whole thing started in DC and it’s been moving forward in DC. Despite Trump’s attempts to pull a jurisdiction switch via federal judge Eileen “Loose” Cannon. Which got shot down and quickly after DOJ appealed. Unless I’m mistaken one of the issues was “standing” as in FL was the wrong jurisdiction to be fighting in.
Actual lawyers can and should correct me if I’m wrong about that. Or for anything else I’m writing here for that matter.
The venue for a trial can be moved under certain conditions but some matters are so sensational you can’t find a jury of people who haven’t heard or read anything about it. What can be done and IS done is that through careful screening jurors are seated based on the assessment of the court they can set aside anything they’ve heard and objectively judge the case on the evidence admitted in court. But sometimes jurors slip through that shouldn’t. It’s one thing (bad) for even one juror to have decided before even opening arguments that a defendant is guilty. That’s wrong, but it’s mitigated by the fact that in a criminal trial it takes a unanimous vote to convict on any one charge.
However there’s a flip side. A person, just one can make it onto a jury that is determined to acquit no matter what. Even with a defendant like Trump who says “Your damned right I did it. And I’d do it again because I and I alone get to decide what the law is!” Just one juror holding out, even if they tell fellow jurors they don’t care that the evidence proves guilt, they refuse to convict and you have a hung jury. No conviction. Sometimes a case gets retried but often not. When it’s clearly this situation, known as jury nullification the odds of a conviction are even less in a second go-round.
Jury nullification is unlikely in DC. Down in the federal District Court where Trump’s Mar A Lago sits, as in much of FL it’s not only a possibility but a likelihood!
One interesting and distressing tidbit I heard was that the judge overseeing the DC grand jury was asked some questions today. When it came to “getting ready” (all those special preparations we’ve gotten used to in case Trumpkins cause trouble) he said if anything special was going on it was news to him! Add that in with apparently the DC grand jury is STILL on hiatus and yes, it’s disturbing.
A legal pundit laid out options, noting that an argument that might be legally valid is that the Obstruction part happened in FL instead of DC. Basically, even though it was agencies and courts in DC telling Trump “That stuff isn’t yours – give it back” that Trump was in FL when he kept saying NO so FL was the jurisdiction that should handle things. So he said the possibilities are that some charges on the documents could be filed and tried in DC, but that at least some of the Obstruction charges could be filed and tried in the southern District of FL. Or that in the end all the documents charges could be filed in one jurisdiction, DC… or Florida! Worse, speculation is starting that that’s what might actually happen, that Smith (Garland?) might decide to just do all the documents stuff down there in Florida.
EXACTLY what Trump is hoping, even begging for at this point!
I’ve already explained why Trump would want that. It’s his best shot. Oh but it gets worse. Unlike the hugely complex January 6 case the documents case is fairly straightforward and limited in scope. It will make it to trial well before any January 6 case against Trump. And if Trump can fight the documents charges down in HIS back yard, and as is likely at least get a jury nullification result that’s the whole ballgame. He and all of MAGA World, and the entire GOP will rise up and burn down the whole country if DOJ attempts to keep investigating Trump. “Lone Wolfs” will start taking matters into their own hands and it might catch on and become a self-reinforcing terrorism fire that can’t be put out.
I only believe charges will get filed because Garland KNOWS he has no choice. It’s the last thing he wanted to have happen. Like the non-MAGA part of the GOP he wished and hoped that Trump would STFU and go away. Lay low. Let all the mess blow over with some prosecutions such as what we’ve seen to send a message. That was never in the cards. In fact it was a STUPID hope on Garland’s part.
But I’m adamant on this point – if DOJ files and tries the stolen documents case down in FL it’s because Garland wants to throw the case rather than deal with being the guy who oversaw Trump being convicted of felonies. We will have to wait and see.
Once again I find myself hoping and saying that I’m not just wrong but dead stupid wrong. But I don’t think I’m crazy to be worried about all this.
Or the Florida grand jury is looking at Trump’s Florida lawyers and employees who committed crimes specifically in Florida. Also not a lawyer but I would assume that filing all the pertinent charges against Trump in Florida would mean that grand jury would have to hear all the witnesses and evidence that the Washington grand jury has already heard. For what it’s worth I have always believed that Garland really badly doesn’t want to charge Trump with anything.
I think you are on the right track as regards employees of Mard a Lago. The charges against TFG will be filed in DC and the pool boy and valet will be charged in FL. It would be unfair to make minimum wage employees travel to DC to be tried for crimes they committed in FL. Of course, this is all speculation, but hopefully we’ll know for sure by the end of the week.
I believe Jack is too smart to put all his work in the hands of a Maga cult member. Merrick will reveal his true self when Jack puts the ball in his court.
because Garland wants to throw the case rather than deal with being the guy who oversaw Trump being convicted of felonies
I believe this is what’s going on. I think Garland is spineless but then, I’m not going to harassed, hunted and possibly murdered by some craven MAG-got.
Smith is running the investigation(s) into the former guy and those who were involved in hiding those docs.
Garland is minding DOJ, and not getting in Smith’s way, AS HE SHOULD.
garland was a desperate attempt to get an s.c. justice seated put forward because he might have been acceptable to enough ‘pubes. That doesn’t make him fit for the s.c. and it most especially doesn’t make him fit to lead D.O.J. We’re seeing now just how out of his depth he is.
You’re failing at your parody attempt.
Garland NEVER EVEN GOT A HEARING, or did that little fact escape your memory? McConnell made it CLEAR that he wasn’t going to allow Obama to put forth ANY nominee “during an election year.” Garland’s record was far better than any of the nominees that GOP presidents have put forth over the last 30 years but McConnell simply was not going to let even a slightly right-of-center nomination proceed (but it’s so hilarious that you could spout “he might have been acceptable to enough ‘pubes” when the Democrats in the Senate wouldn’t have just voted for someone simply because Obama had nominated him–and in the case of Obama’s prior nominees, they were confirmed with GOP votes but, then again, they weren’t needed; also, most of those GOP votes confirming Sotomayor and Kagan were out of the Senate by the time Scalia finally croaked and the GOP hadn’t become any less antagonistic towards Obama between 2010 and 2016).
You clearly know nothing of the law covering presidential documents. Instead of spouting clear and obvious lies that would be spotted by anyone with a braincell let alone a knowledge of the actual laws you are talking about. Maybe you should stop crying like a little bitch and find something you know something about to make a fool yourself with instead.
Do you REALLY want to go there? Did you watch Parlatore spout his lawerly bullsh*t and assume he was telling the truth? I doubt he’d make those same arguments in court because at best objections would be upheld and at worst the judge would slap him down – perhaps even in front of the jury to make sure they didn’t buy into it.
Well dude, I was 92nd percentile on my college boards fifty years ago and I’ve always loved learning. And before I went into the Corps at age 26 my best friend in my little hometown was a lawyer just a couple years older than me. He really wanted me to go to law school and then into practice with him but the point is that in helping him with stuff (lots of updating of his tax law stuff via CCH) he taught me something about understanding of legal language and statutes. Now, I freely admit I’m not an actual lawyer but better than most lay peoploe I can did in and decipher both state and federal laws – the actual statutes. Including 44 U.S.C. Chapter 22 aka The Presidential Records Act.
I could write multiple lengthy posts on this but let me address a couple of broad, LYING themes Parlatore is spreading and which you seem to have swallowed like you would load of Trump’s jizz.
First, ALL Presidential records as defined in the Act belong NOT to a President or former President but to the people of these United States under the supervision of the National Archives and it’s staff assigned to supervise maintenance of and access to records. Let me put it in simpler terms. Presidents eventually establish Presidential Libraries where the bulk of their Presidential Records/Papers are stored. What many don’t know or forget if they ever did that both with respect to some temporary warehousing while a library is being built and afterwards when everything is moved into it it’s NOT the former President and their staff that control all of those records – it’s National Archives staff! So Parlatore wasn’t merely misleading with his schtick about “two years where the President can take/store records anywhere they want and go through them to decide what’s personal and what’s a Presidential record is a flat-out LIE.
It’s true that prior to Trump President’s have prepared for this and found a place near where their Presidential Library will be built/established (sometimes it’s a renovation at say a university building) and since it’s a LOT Of stuff the Archives are grateful to have somewhere to ship all that stuff to and be prepared to both guard it and have staff to organize it and work with the former Prez and his staff to start sorting through it all. Trump didn’t do ANY of that. Despite the Archives reaching out to him repeatedly. That’s actually evidence in and of itself that after the election was certified (the EC met, cast their votes and prepared the Certificates of the count in December as they always do by law) Trump didn’t do jack meaning he had no intention of leaving and letting Biden move into the WH and Oval Office! The point for this discussion however is that Parlatore LIED about normal procedure and custom.
Now let’s address the originals vs. copies issue that Parlatore is using to blur the lines of what’s legal and what’s not. He did acknowledge that ORIGINAL copies of records, even the original note from some P.O.S> murderous DICK-tator like those from North Korea or Russia fall under the Presidential records act. As do classified documents. He’s also correct that with official correspondence, notes, memos etc. that originals are the property of the people via the government and not the President, but that COPIES are ok. The problem for Trump is he’s insisted it’s ALL his, originals or not.
Worse, Parlatore implied but carefully in lawyer fashion that COPIES of classified documents are also legal. BULL SH*T!!!! As it happens more decades back than I like to admit I served in the Marines. Had a security clearance. Spent time at the Pentagon and although a grunt was attached to an MP unit because they wanted Marine Grunts to guard the Naval Command Center, as well as the CNO and SecNave spaces. On overnight shifts we’d accompany our Navy Counterparts on “sweeps” of classified office spaces, going down a randomly generated list to make sure they’d been properly locked up for the night, then entering and makigng sure there were no unlocked file cabinets or safes and that no classified documents were on/in desks unsecured too. And I’ve written about procedure when we found such things and the swift & immediate consequences for the offenders.
So, I have actual f**king knowledge and experience with this. Do you?
Let me clue you in some more. Yes, there are circumstances where copies of classified document can be and are made and distributed – BUT they are tracked. Contrary to what Parlatore said with juuuuust enough wiggle room to be able to skirt trouble under oath copy or not a classified document is CLASSIFIED regardless of whether it’s the original or a copy. Trump possessing it after leaving the WH was illegal. Rank does has it’s privileges and one of those is that those VERY high up get cut slack you or I wouldn’t get. If a handful of people (and ex Presidents would sure as hell qualify) realize “oops” that didn’t get handed back in and I need to notify the right people and return it NOW” then all is forgiven. Leaving it sitting around where people without clearance can see it or whip out their phone and take pictures of the pages it rather different. So is sharing the contents with others who don’t hold clearance. Even then, depending on how many documents and their level of classification and whether they contain human sources and methods of gathering some level of slack might be cut, especially if the recipient(s) have some level of access or limited/temporary permission to get general information. Say a biographer approved to do a deep dive on someone. The sitation with David Patraeus comes to mind.
But classified is classified, copy or not.
So dipsh!t – read the link. Consider what Trump not only admits to but is going around bragging about and tell me ONE thing I’m wrong about. Call me all the names you want but I can read and understand federal statutes, have held secutiry clearance and know laws and procedures on that, and because of that I know you are either a liar or a really gullible dumba$$ MAGAt.
When I don’t know for sure, or think there might be stuff I don’t know I admit it. For instance as I’ve indicated when it comes to jurisdiction there might be DOJ guidelines that address issues like crimes that start in one jurisdiction and continue in another, or happen in one place but are fought in part at least in another, or where different crimes pertaining to the same thing span jurisdictions. Forget this case. Imagine instead a big robbery that takes place in a city in one state, and the robber(s) takes the loot to another. There’s evidence they took their loot elsewhere, and they obstruct justice by denying they took it, possess it, or even (say it was rich people who divorced and who got what pricey artwork was an issue) claim they didn’t really steal it because it was theirs all along. Where to file and try a case of robbery can be complicated.
And straightforward as this case is on the surface it turns out it’s more complicated in the sense of what crimes took place in which jurisdiction give rise to options which I put forward in my article. And asked for actual lawyers to weigh in on.
I’m guessing YOU are not a lawyer either as you don’t cite a single law or written DOJ policy to back up your bullsh*t. So, read the f**king law and then and ONLY then come back and provide specifics as to what I’m wrong about.
Good Show!
We’ve come this far and waited this long…let’s see what Jack asks Garland to sign off on. It can’t be much longer for ONE of baby huey’s innumerable crimes to be officially charged.
” if DOJ files and tries the stolen documents case down in FL it’s because Garland wants to throw the case ”
You couldn’t be more wrong.
If the documents case is tried in Fflorida, it will be because Florida is the correct venue under the law, and he wants a conviction to stand. An if they try the case in an incorrect venue, it will be thrown out, and double jeopardy will prevent it being retreied, ever.
Joyce Vance explains it better than I can.
https://joycevance.substack.com/p/today-in-trump
I don’t like the thought of trying it in Florida any better than you do, But i like the thought of Trumpp getting off because the wrong venue was chosen even less.
Denis, I believe the justification for Florida – but certainly not for Cannon to be allowed to preside – is that the “crime of retention” occurred in Florida. I believe that is why Smith is conducting a separate investigation of the Jan 6th events, because the venue will be the District of Columbia. So, one way of the other, Trump will likely be screwed, we hope! If Mark Meadows is going to or has already, plead guilty, then that will go a long way toward convicting Trump in DC.