Posted on 06/20/2023 10:02:12 AM PDT by SeekAndFind
If former president Donald Trump’s case ever makes it to court, federal prosecutors will use his own words against him — spoken on national TV to Fox News host Bret Baier on Monday. I’m not a lawyer. I don’t even play one on internet video. So when it comes to stories like this one, there are a few people I turn to for sharp analysis and good advice.
On the surface at least, what Trump said could cause him trouble in court.
When Baier asked, “Why not just hand [the documents] over then?” Trump replied, “Because I had boxes — I wanted to go through the boxes and get all my personal things out. I don’t want to hand that over to NARA yet. And I was very busy, as you’ve sort of seen.”
“These boxes were interspersed with all sorts of [personal] things.”
You can read more of the transcript here and decide for yourself.
I’m not here to pass judgment on the many indictments against Trump… except that I can’t let the opportunity entirely go. If we’re going to start prosecuting high-level executive branch people for keeping classified documents they shouldn’t have had, let’s start with Hillary Clinton and Joe Biden, neither of whom, as secretary of state or (then) as vice president, had any legal power to declassify those documents. Trump did, which is maybe a strong mitigating factor.
That out of the way, it’s both easy and proper to dismiss Twitter hot takes like this one from Erick Erickson:
Guys, Trump admitted on TV tonight he withheld documents from the grand jury. Game over, legally. What an idiot.
— Erick Erickson (@EWErickson) June 20, 2023
(Excerpt) Read more at pjmedia.com ...
Emphasis and italics in the original because Ed, who is one of the fairest and most level-headed people I know, isn’t kidding around here.
“The surest way to help the prosecution,” Ed added, “is to go on television and make a damaging admission about the key element of a charge.”
Please note that Ed said “damaging” and not “damning.” The former hurts the defendant’s case. The latter is “Go directly to Jail, do not pass Go, do not collect $200.”
“Skip over the first 31 counts regarding the documents themselves in the indictment and go to counts 32 and 33,” Ed wrote, which involve “conspiracy to obstruct justice and withholding a record from a federal grand jury.” It’s there that Trump did “tacitly agree with the indictment’s allegation in attempting to justify his actions.”
What we have here, then, is a statement on Fox News that almost certainly doesn’t rise to the level of Trump practically convicting himself before his trial even begins but certainly complicates his defense.
Ed is a never trumper and NOT level headed in the slightest.
The answer is NO.
I’ll confess that I cringed when I heard the “too busy” line.
Why did he agree to be interviewed by Bair of all people ?
Irrelevant. Trump said what he said, and it was effectively an admission.
“I’ll confess that I cringed when I heard the “too busy” line.”
If they were locked up in a secure area, who cares?
Why couldn’t he just not talk about the case? Seems like that would be a smart move.
He referred to the national archives not the grand jury.
They are his documents
The only thing that matters as far as I’m concerned is disparate treatment. This is obviously nothing more than an attempt to destroy Trump & any sane judge would have to see that. Still, Trump has always been his own worst enemy when it comes to talking. I’m sure his lawyers have warned him, but he won’t be hindered.
> let’s start with Hillary Clinton and Joe Biden <
Well, yes. But it’s important to note a difference between those two scoundrels and Trump. Hillary chooses her words very carefully. And Biden says next to nothing of importance (his handlers make sure of that).
On the other hand, Trump says whatever comes to mind at the moment. His statements are unfiltered, and honest. That doesn’t mean he’s dumb. It does mean he’s naive.
Wasn’t the grand jury from after the fbi raided his home ?
Just b/c the goose steppers in the FBI ask for something, if you are a former President, this demand is not a high priority to you. These were all covered under the Documents Act. FBI have no authority whatsoever.
Trump has the RIGHT to remain silent. He just doesn’t have the ABILITY to remain silent.
Hillary’s attorneys were allowed...with no supervision and probably no security clearance to delete anything they wanted...under the guise that they were private. I think they deleted something like 33,000 documents.
Desantis is at 14%. Not helping...
The documents, all of them, were his to do anything he pleased, at any point. Only uninformed would think otherwise.
Has nothing to do with the phony charges which cite the Espionage Act and has never ever applied to former Presidents or Vice Presidents until suddenly now after over a century since it existed.
Ditto. Trump has the right to remain silent. He should exercise that right more often.
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