Monday, October 25, 2021

Trump Is Not Houdini

 “His life has been a series of lessons showing that with aggressive lawyering and a lot of chutzpah, you can achieve almost total immunity,” Norman Eisen, a counsel to the House Judiciary Committee during Trump’s first impeachment, told me.

Most of that is the way criminal laws are written.  If I rob a store to feed my family, I'm a criminal.  If I rob investors and walk away with the money while they get the shit, I'm a canny operator. 

This is really pretty simple stuff.  How many white collar criminals accused of the same crimes Trump allegedly committed, are in jail?  Do you need both hands?  I doubt you need a calculator.

Proving his company committed criminal tax fraud is fairly easy.  Proving which individuals in the company committed criminal tax fraud is very hard.  There are reasons for that, and they don't all have to do with the fundamentals of criminal law.

But constitutional lawyers say Trump has several arguments he can make. He’ll probably try them all.

He'd better hurry.

But winning may not be the point.

“In the end, this is all about delay,” Shaub said.

He has 19 days before it's a moot question, and the first hearing is in November.  He can't appeal a decision the trial court hasn't handed down yet.  Time is running out. Delay is a former congresscritter from Texas, who resigned due to a scandal.

Not much more than that, anymore. Certainly not a legal strategy.

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