Tuesday, August 16, 2022

Working Out v Working

This is what passes for a "defense" of Donald Trump now. And many people seem to think such nonsense will "work," especially if it is not specifically and repeatedly and absolutely rebutted. But I can't figure out how.

The magistrate in Florida has announced a hearing on the question of unsealing the affidavit that supported the search warrant issued on MAL which the same magistrate issued earlier.  That hearing is not on a motion from Trump or even Trumpworld (and certainly not in response to Trump's overnight "truth").  It's pursuant to a motion from several news organizations who want more information to sell more ad space to more eyeballs (it's August, usually a slow news month).  The DOJ opposes the motion on the grounds of an ongoing investigation, and will, it announced, insist on such a redacted affidavit if it is released that the result will be useless.

I don't think the magistrate is going to be hearing any arguments from Sen. Scott or any other GOP officeholder.  I do think the magistrate is going to consider the issues raised by Steve Doocy; and is also going to err on the side of keeping this material confidential while there is an ongoing criminal investigation.

I'll repeat myself:  Trump has never before found himself on the wrong end of a criminal investigation; not one that could end in his prosecution.  The Mueller investigation was hamstrung by DOJ doctrine against indicting sitting Presidents, a doctrine Mueller had no authority to challenge.  Trump has not skated on investigations this serious before.  I understand there are 3 grand juries investigating him and his businesses.  Criminal investigations tend to run until there is a prosecution.  It seems unlikely all three grand juries will decide Trump is not worth the trouble.

And Trump seems to have some of the dumbest lawyers in the land as his legal counsel.  Much is made of the high-quality legal counsel he had in his first impeachment, but his second impeachment proved he could have trotted his own children into the well of the Senate and come out with the same results in both trials.  He needs OJ's "Dream Team" now, and he needs to follow their advice to the letter.  So far all he's done is prove the case against him again and again, because the only issue that will matter in court is:  was he in possession of government property and classified documents which could endanger national security or the national defense?  And did he have authority to possess those documents and store them in the basement of MAL?

Everything else, including the contents of the affidavit supporting the search warrant, is just frippery.  That affidavit may be evidence in a trial. Right now, as much as he and his supporters clamor for it, it's just another distraction that, in the end, distracts no one.
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