Barr lists the factors he hopes will prevent Trump's indictment:
— Steve Reilly (@BySteveReilly) September 7, 2022
"Do you indict a former president? What will that do to the country? What kind of precedent will that set? Will the people really understand that this is not failing to return a library book, that this was serious? https://t.co/lxZGP0oURG
"Let Donald Trump have his special master. If the Mar-a-Lago raid results in a conviction for Trump, it won't be because the government relied on letters from his lawyer or documents covered by 'executive privilege.'" https://t.co/sJkwlEIavF
— The Bulwark (@BulwarkOnline) September 7, 2022
Chris Truax points out the fundamental and glaring problems with the court's order, and argues both that Trump was treated "fairer" than any other defendant would be (like a pro se defendant, IMHLO) and that the DOJ should appeal this crapload. But he concludes here, which is not far off base at all:
On balance, Judge Cannon’s order granting Trump a special master is probably a good thing. If you’re a guilty defendant, the very worst judge you can get is the one who goes out of his or her way to make sure that you get all the due process you are entitled to—and then some. An excess of fairness makes a conviction that much harder to overturn on appeal.
I'll pause here to point out appeals don't prevail because the defendant was cheated of his/her liberty (i.e., they lost to the prosecution). They succeed because the court committed errors in the conduct of the trial, errors that were unfair to the defendant. So "an excess of fairness" makes the verdict damned near bulletproof; which is not what a criminal defendant wants.
And something like this rule also holds for the court of public opinion. If Trump is going to be prosecuted, it is imperative for all sorts of reasons that he be given every opportunity to defend himself. His hardcore supporters will complain about anything short of canonization, much less a criminal prosecution. But there is a critical segment of people who might not follow the detailed twists and turns of Donald Trump’s brushes with the law but want to know that he is being treated fairly.So let Donald Trump have his special master. If the Mar-a-Lago raid results in a conviction for Trump, it won’t be because the government relied on letters from his lawyer or documents covered by “executive privilege.” It will be because Trump looted official government records and kept a stack of top secret documents in his basement.
There's winning in the court of law, and winning in the court of public opinion. On this matter, especially, the victory needs to take place in both courts; and it can.
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