I no longer have any doubt in my mind. Donald Trump is going to be indicted, and Donald Trump is going to be convicted. And I don’t just mean being indicted by Fulton County, Georgia DA Fani Willis on election fraud charges, possibly state RICO charges, including the 17 GA public officials that are targets, along with Rudy Giuliani and Mark Meadows. I’m talking about being indicted by a US grand jury, and convicted in federal court.
It was today’s hearing in front of Judge Dearie, the Special Master appointed by traffic court judge Aileen Cannon to oversee the dispute over the documents that Trump stole from the US government, and hid in Mar-A-Lago that made it clear. Today’s hearing was a shining example of what The rule of law looks like in this country, and what Trump is going to have to face when he goes to trial.
Trump is an egocentric, delusional, fascistic, narcissist, who sincerely believes himself to be invincible. And from day one of his legal troubles, he has ignored the rule of law, believing that he could win by pure mental superiority and the force of his superior will. His legal team has so far eschewed legitimate legal arguments in favor of It’s true because Trump says so.
To be fair, force of will can occasionally work. In August of 1914, as German forces swarmed into France, the top French general, Marshal Foch refused to accept the inferiority of the French army. He repeatedly issued Stand and fight orders that stalled the Germans, and issued advance and attack orders that caught the Germans off guard. And when the Germans screwed up their advance, Foch rolled up their flank and started a 4 year stalemate that led to Germany’s defeat.
But this isn’t 1914, and Trump sure as shit isn’t Marshal Foch. And the hearing in brooklyn today finally laid bare the central weakness to Trump’s defense, which is basically Trump has no defense! Remember, in the Florida case that now has the Special Master in Brooklyn, the DOJ isn’t prosecuting anyone. The case is Donald Trump vs The United States. and Trump has no case.
Trump is the plaintiff in this lawsuit, which means that he, and not the DOJ has to prove his case with a preponderance of the evidence. And Trump’s legal team as not presented a shred of of evidence of his propriety of the documents, preferring to throw shine on the DOJ’s case, who don’t have to prove anything. And the judge gave them the back of his hand.
The Espionage Act is crystal clear. The unauthorized possession of documents relating to national defense is a federal crime. There is no reference to the classification of the documents, if the government decides that the document deals with national defense, then you’re in the hurt locker. Classification is immaterial, all the government has to aver is that the documents dealt with national defense.
Which doesn’t even take into account the classified and Top Secret documents that the FBI recovered. Trump’s lawyers have steadfastly refused to tell the court that any of the documents were declassified, for one simple reason, They weren’t. And there are no documents more covered by the concept of national defense than the unauthorized possession of Top Secret documents.
But all of that is already known and accepted, it isn’t what made me write this piece. What made me write this piece was Attorney General Merrick Garland’s speech at Ellis Island, swearing in 200 new US citizens. He spoke emotionally about the fqct that the US admitting his grandmother saved her from the holocaust. But then he laid down a marker. He said that Even is a country as polarized as this one, the rule of law must prevail. At least twice he reiterated that No man is above the law.
It is my belief that Merrick Garland has already made up his mind to charge and try Donald Trump. And charges under the Espionage Act would be perfect placekeeper charges to get Trump officially in the federal judicial system while the DOJ and FBI continue to explore his role in the Capitol Insurrection. garland is a DOJ traditionalist, he won’t announce any charges or indictments in the 60 day window to the midterm election, but after that, all bets are off.