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Let's Look at the Others on the List: Why All The Other ‘Get Trump’ Cases Are Just As Weak As The Manhattan DA’s
The Federalist ^ | 04/04/2023 | Margot Cleveland

Posted on 04/04/2023 7:10:17 AM PDT by SeekAndFind

The corrupt press’s effort to focus our attention away from Bragg’s actual case tells us they know just how weak that case is.

The grand jury indictment against former president and 2024 contender Donald Trump hasn’t even been unsealed yet. But the corporate press has already moved on, redirecting the public’s focus to the other pending investigations — a subtle acknowledgment that the forthcoming charges by the Manhattan district attorney will be both weak and properly perceived as political persecution. But the Fulton County, Georgia investigation and Special Counsel Jack Smith’s probes of Trump are equally weak.

Later today, Manhattan District Attorney Alvin Bragg will unseal the indictment returned last week by a grand jury against Trump. Selective leaks suggest the former president will be charged with more than 30 criminal counts of business fraud related to hush-money payments to Stormy Daniels.

Since news of the indictment first broke last week, legal pundits have called out Bragg, who ran for prosecutor on a “tough on Trump” platform, for pushing the questionable criminal case against the former president. With all but the hard left and the intransient Never-Trump right viewing the indictment as the political targeting of the former president, the press quickly pivoted to the other still-pending investigations, leaning into the Fulton County D.A.’s investigation and special counsel probes as the real crimes of concern.

While it seems likely Fulton County D.A. Fani Willis, a Democrat, will soon follow Bragg’s lead and indict Trump on state law grounds, that move will only make the targeting of Trump look more political — and pathetic. The media rounds by forewoman Emily Kohrs following the release of portions of the special purpose grand jury report guarantee that result.

Not only did Kohrs come off as unserious, at best, but her public statements confirmed Willis’ criminal targeting of Trump rests on the false premise that Trump had asked the Georgia secretary of state to find him 11,780 votes. Trump, however, did no such thing. The transcript of his call with Brad Raffensperger confirms that fact, no matter how much the corrupt press and prosecutor repeat the lie.

Special Counsel Jack Smith is handling the other two investigations into the former president, one concerning Trump’s conduct related to Jan. 6, 2021, and the second probe focusing on the documents seized from Mar-a-Lago.

Smith will be hard-pressed to concoct a crime Trump committed related to Jan. 6, with the former president’s speech constitutionally protected and his legal theories, even if flawed, insufficient to create criminal liability.

The investigation into Trump’s retention of presidential documents faces problems as well, first because two of the three supposed crimes relied on by the government in the search warrant application crumble upon reflection. 

For instance, in obtaining the warrant to search Mar-a-Lago, the Department of Justice relied on the Espionage Act. But, significantly, the Espionage Act does not prohibit the retention of classified documents. Rather, it prohibits the “unauthorized possession of, access to, or control over” national defense information. To establish a crime, the special counsel would also need to establish Trump had reason to believe the information illegally possessed would harm the United States or help an adversary.

Not only would it be difficult for the special counsel to establish that fact, but here, given Joe Biden’s mishandling of classified documents, indicting Trump for violating the Espionage Act would only confirm the political targeting of the Republican, unless Biden were also indicted.

The search warrant application also suggested a potential violation of Section 2017 of the criminal code, which criminalizes the removal, destruction, or concealing of government records. Section 2017, however, seeks to protect the government’s access to its own records, and merely possessing a copy of a government record is insufficient to create criminal liability.

As I wrote in August, “Yet from the search warrant affidavit and the search warrant, it appears the government sought to recover from Trump hard copies of information it already had within its possession, either through various agencies or the electronic copies maintained by the relevant authorities.” Trump is unlikely, then, to face any liability under Section 2017 either — again, the Biden snafu would make charging Trump, but not Biden, proof of political persecution.

What remains, then, is the obstruction of justice accusation. Here the legacy press thinks it has a winner, as demonstrated by The Washington Post’s article on Sunday claiming the special counsel’s office has “amassed fresh evidence pointing to possible obstruction by former president Donald Trump,” concerning the investigation into the documents seized by the FBI at Trump’s home.

Then, based on unnamed sources, the Post suggests Smith’s team has gathered extensive evidence that could be used to indict Trump for obstruction of justice. The Post takes care to stress that the special counsel’s “emphasis on obstruction marks a key distinction so far between the Mar-a-Lago investigation and a separate Justice Department probe into how a much smaller number of classified documents ended up in an insecure office of President Biden’s, as well as his Delaware home.”

Until Smith’s investigation concludes, it will be impossible to know whether evidence exists that Trump obstructed justice. But the Biden case, rather than distinguishing the Mar-a-Lago situation, actually illustrates the ease with which documents marked classified could be overlooked in a review of documents. Just as Trump’s attorneys missed some classified documents in their search for materials with the markings, so too did Biden’s attorneys.

If that is all the special counsel’s office has against Trump, it will be just as weak as the other cases. More importantly, by that point, the American public will have witnessed the clear witch hunts against the former president, first in Manhattan and then in Georgia. Those criminal cases followed years of the Russia, Russia, Russia hoax and others, while Hillary Clinton and Joe Biden’s mishandling of documents went ignored.

So, no, the other investigations into the former president are no more serious than the Manhattan D.A’s targeting of Trump, but the corrupt press’s effort to focus our attention away from Bragg’s case tells us they know just how weak that case against Trump is.


Margot Cleveland is The Federalist's senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today.

Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time.



TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: alvinbragg; cases; trump
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1 posted on 04/04/2023 7:10:17 AM PDT by SeekAndFind
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To: SeekAndFind

34 counts. All they need is one to stick.


2 posted on 04/04/2023 7:11:41 AM PDT by DIRTYSECRET
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To: DIRTYSECRET

RE: 34 counts.

I am willing to bet all these 34 so-called counts can be consolidated into ONE count. To make it look serious, Bragg simply separated the little down payments made to Stormy Daniels, each one a count of its own.


3 posted on 04/04/2023 7:14:57 AM PDT by SeekAndFind
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To: SeekAndFind
the false premise that Trump had asked the Georgia secretary of state to find him 11,780 votes.

Having been involved in elections, the terminology of "we need to find votes" or "we need to find bad petition signatures" etc is VERY common terminology. There is absolutely no illegal intent using those phrases.

4 posted on 04/04/2023 7:18:15 AM PDT by 1Old Pro
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To: SeekAndFind

Judicial vote steal.


5 posted on 04/04/2023 7:22:35 AM PDT by bray (Order at TheRepublicofTexas.store)
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To: SeekAndFind

As if the law and evidence matters. A packed predisposed jury and a leftist judiciary will rule the day.


6 posted on 04/04/2023 7:22:40 AM PDT by thegagline (Sic semper tyrannis! Goldwater 2024)
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To: SeekAndFind

I’m sure she realizes this is as political prosecution and thus the strength of the case is irrelevant. The goal is to prevent Trump from becoming President again, not to convict him of a crime.

Anyone who thinks it impossible for them to succeed probably thought the Supreme Court was going to throw out the election and install Trump for a second term as well. In other words - out of touch with today’s political reality.

Bragg campaigned on the promise of doing this - ask yourself -why do you think he won?


7 posted on 04/04/2023 7:23:18 AM PDT by bigbob
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To: bigbob

RE: The goal is to prevent Trump from becoming President again, not to convict him of a crime.

BINGO. Anybody with an objective mind knows that ( even liberals ).


8 posted on 04/04/2023 7:24:30 AM PDT by SeekAndFind
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To: SeekAndFind

Let’s go after Byedone!


9 posted on 04/04/2023 7:25:12 AM PDT by HighSierra5 (The only way you know a commie is lying is when they open their pieholes.)
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To: SeekAndFind

They also know if Trump cannot run, there will be no enthusiasm for whomever the GOP chooses in 2024, so the Rats will win in a walk.


10 posted on 04/04/2023 7:25:36 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: SeekAndFind

If it was any other Republican other than Trump that was POTUS, from January ‘17 on, then it would be them that would be treated this way, now! It never should of gotten this bad, in this country. Now, The Left, even, cheats their way to political victory, during each and every election cycle, and they continue to get away with it.


11 posted on 04/04/2023 7:25:54 AM PDT by johnthebaptistmoore (The world continues to be stuck in a "all leftist, all of the time" funk. BUNK THE FUNK!)
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To: johnthebaptistmoore

But there’s no Republican that would have been as popular as Trump with the base, so they had to go after Trump even harder than they would have with anyone else.


12 posted on 04/04/2023 7:27:17 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: SeekAndFind

those doing this... those who believe the lies the left has spewed.. those who gloat... the divide widens and the anger grows.. there will be a day of accountability and Trump will be in the White House again.

you on the left let a poor excuse for human.. guilty of crimes, treason, invasion of the land and harming children.. the justice sides with that kind of corruption because they are corrupt and they don’t want Trump back because they know they will be shown for who they are.. a blight on this land.. and will be fired!


13 posted on 04/04/2023 7:31:57 AM PDT by frnewsjunkie
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To: SeekAndFind

What is overlooked by some is WHY would they go to all the trouble ..YEARS ... to go after a now former President? .. A man who is no match for the great and powerful life long politician Joe the pervert clown king?
Why did they have to make stuff up about Trump?
I mean Trump is a joke, right? And the dims policies are exactly what the majority of America craves? Higher food and fuel prices.. a open border.. Mexican Cartel set up in America...fentanyl.. children be taught perverted sex by strangers.. bank bail out.. college loans payed by tax payers...reparations...global warming.. transinsanity...


14 posted on 04/04/2023 7:36:12 AM PDT by Leep (Hillary will NEVER be president! 😁)
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To: SeekAndFind

They’ve all been politically motivated.


15 posted on 04/04/2023 7:43:19 AM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: SeekAndFind

later


16 posted on 04/04/2023 7:45:27 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: SeekAndFind

later


17 posted on 04/04/2023 7:46:44 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: SeekAndFind

The Georgia investigation is pure crap.

Georgia law states that any resident who moves has six months to report their new address to the Election Division.

Failure to register a new address within six months invalidates your ballot in any subsequent elections.

All Trump did was ask the RINO Secretary of State to enforce Georgia law and check the addresses in one county.

The Republican Secretary of State refused to enforce the voter law because - unspoken - it would have disparate impact on Black voters.

Instead, the Secretary of State would later claim that Trump urged him to commit voter fraud.


18 posted on 04/04/2023 7:47:48 AM PDT by zeestephen (43,000)
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To: SeekAndFind

The tension rests in the venue. Dems are going after Trump in districts where prosecutor judge and jury hate him with undiluted passion. So even weak cases have a percentage chance of survival.


19 posted on 04/04/2023 8:12:55 AM PDT by lurk (u)
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To: SeekAndFind

its about timing

if biden bank records show up in the news again

boom

another Trump indictment


20 posted on 04/04/2023 8:13:46 AM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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