ChrisWeigant.com

Friday Talking Points -- Two Down, Two To Go

[ Posted Friday, June 9th, 2023 – 16:20 UTC ]

Program Note: We are pre-empting today's entire Friday Talking Points column because of the historic nature of what has happened yesterday and today. Truth be told, by the time we were finished reading this morning's news, we were exhausted. And the scoops just kept coming as the day wore on. The indictment was unsealed and publicly released. The special counsel made a very brief public statement. The full scope of the case was revealed, and the country is still processing the information. So although there were a few other minor political stories last week, none of them are even in the same ballpark as what is happening in South Florida right now. Which is why all we have to offer up today is a rather free-floating rant on where we as a nation now find ourselves. We will return to this column's regular format next week, but for now we just couldn't focus on anything other than this developing story.

 

For the first time in American history, a former president of the United States has been indicted on federal charges -- 37 individual felonies. That is an extraordinary statement to make, but that's not surprising, since nothing about Donald Trump can ever be called "ordinary."

At first glance, it sounds like a James Bond story: classified top-secret documents, information on nuclear secrets, a Pentagon attack plan against a foreign country. But when you dig a little deeper, it sounds not like Bond but rather Mr. Bean... or perhaps even the Three Stooges.

Trump kept documents containing national secrets scattered all over his resorts -- in bathrooms, in vacant ballrooms -- not for any truly nefarious reason but to look cool and show off to his visitors. That's what the audio tapes indicate, at any rate. Here is Trump passing around the nation's secrets to his buddies, while complaining about Chairman of the Joint Chiefs of Staff General Mark Milley:

Well, with Milley -- uh, let me see that, I'll show you an example. He said that I wanted to attack Iran. Isn't that amazing? I have a big pile of papers; this thing just came up. Look. This was him. They presented me this -- this is off the record, but -- they presented me this. This was him. This was the Defense Department and him.... This wasn't done by me, this was him. All sorts of stuff -- pages long, look. Wait a minute, let's see here. I just found, isn't that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this.... This was done by the military and given to me.

In other words: "Hey, check this out! Isn't this cool?"

This, from a man who demonized his first political opponent for mishandling classified documents by getting his crowds to chant: "Lock her up!" Trump further admits that he knows full well that what he is doing is wrong, which was also caught on tape: "As president, I could have declassified it, but now I can't, you know, this is still a secret." Now, of course, his story is that he magically declassified everything using his presidential mental superpowers, which (by his own taped admission) is nothing more than a big fat lie.

The classification of any of the documents isn't even an issue, legally. It wouldn't matter to the indictment one way or the other whether the documents were still classified or not, in other words, because of the statutes Trump was charged under.

By the book, Trump has now been charged with: 31 counts of willful retention of national defense information. Three counts of withholding or concealing documents in a federal investigation. Two counts of making false statements to law enforcement. And one count of conspiracy to obstruct justice.

This is in addition to the 34 other felonies Trump has been charged with, in New York state. The chickens are coming home to roost, in a big way. And this isn't even the end of the road, either. There were four active criminal investigations of Trump, two of which have not resulted (yet) in charges -- the federal investigation into Trump's culpability for the January 6th insurrection attempt, and charges in Georgia over election interference. That last one could include charges under the state's RICO laws, which are normally used to prosecute mob bosses and other organized crime figures.

Or, if you're keeping score at home: two down, two to go, with the score at 71 felony counts to date.

The charges filed this week are perhaps the easiest ones to prove in court. It's not really all that complicated. Trump took stuff he wasn't entitled to take. The government asked for it all back. Trump stalled for a whole year and then gave some of it back. The government demanded he turn over the rest of it. He turned over a few scraps. The government subpoenaed him. He turned over some more stuff, but not all of it. The government finally got a search warrant and searched his property, where they found a whole bunch more stuff that Trump wasn't supposed to have. And we have now learned that Trump casually passed national secrets around to show off to his cronies.

Those are the facts. Trump, and all his enablers within the Republican Party, are trying to obscure those facts by throwing as much sand into everyone's eyes as they can. Their basic position seems to be: "Laws don't apply to Donald Trump, because he is our Dear Leader." Good luck with that one, in front of a federal jury. The Department of Justice has somehow been "weaponized" because they are attempting to hold Trump accountable for his criminal behavior. This is pretty ironic, since Trump actually tried to weaponize the Justice Department against all his enemies while he was in office. Trump is a victim -- for being held accountable for his illegal actions. Or, to sum up: "WAAAAHHHH!!! No FAIR!"

As mentioned, this case may be the easiest to prove in a court of law. Did Trump have documents which he wasn't allowed to possess? Yes, he did. Did Trump show them to others? Yes, he did. Was Trump asked to return the documents? Yes, several times, several ways, with increasing seriousness. Did Trump refuse to give the documents back and then lie and say he had? Yes and yes. Open and shut.

Trump's legal problems seem to be getting more and more serious and far-reaching as time goes on. The first charges against him concerned hush money paid to an adult film star. These charges deal with classified national secrets. Not yet charged is Trump's involvement in fomenting an insurrection and attempting to strongarm Georgia officials into overturning a free and fair election in his favor.

So yes, this is all unprecedented -- a former president facing federal felony charges. But no president has ever shown such blatant and wide-ranging disrespect of the law and of the U.S. Constitution before. There is one reason we as a nation are where we are today, and that is that Donald Trump did all of this stuff. The wheels of justice grind slowly, but they are finally starting to catch up with him.

Two down, two to go.

In reaction to the indictment, two of Trump's top lawyers immediately quit. There's a real vote of confidence for you!

Of course, nobody knows how this is all going to play out, considering that Trump is currently the frontrunner for the Republican presidential nomination. Yes, people have indeed previously run for president from a jail cell. But neither Eugene Debs nor Lyndon LaRouche had any prayer of actually winning, so it was kind of a moot point. Trump, however, has been dominating the GOP field so far, and the last time he was indicted his poll numbers actually went up.

The timing of the trial will be key, of course. The case has initially been given to the most Trump-friendly judge in South Florida, but she likely won't be in charge of the case all the way to the end. The Justice Department has already called for a "speedy trial" to happen, so it sounds like they are ready to go. Trump, of course, will file a bazillion motions in an attempt to make the case go away (not likely) or delay it for years (also not likely). One way or another, Trump is going to have to spend some campaign time sitting in some courtrooms.

If Trump is convicted of any of the dozens of felonies he has been charged with, he could face jail time. He may get a light sentence for his first conviction, seeing as how he will be a "first-time offender," but that card can only be played once. Afterwards, Trump will be sentenced as a repeat offender, meaning his sentences might get a lot more severe. Trump has already been charged in New York and now at the federal level. He may face additional federal charges as well as a case in Georgia. Trump is also facing a serious civil case in New York, which may wind up dismantling his namesake company.

This is the man Republican voters want as president. Personally, we never want to hear another Republican utter the phrase "law and order" ever again. They simply have no leg to stand on anymore. They are a party of lawlessness and disrespect for the American system of justice, plain and simple.

It's not just Trump. It is all his enablers within the GOP. Already there are loud cries from prominent Republicans echoing all the whining Trump has been doing on his pet social media platform. "WAAAAAHHHH!!!!" they all cry. "No FAIR!!!" they whine. Even most of the people running against Trump for the GOP nomination are too cowardly to do any different. So far, from what we've read, there are only two prominent Republicans who have refused to join this anguished chorus: Senator Mitt Romney and presidential candidate Asa Hutchinson. Chris Christie may also join that short list, but since he is a former federal prosecutor he is (as of this writing) taking the time to fully read the indictment before he offers his opinion. Other Republicans who are not as prominent may also eventually speak out against what Trump has been charged with. This is not a payoff to a porn star, this is casually passing around the nation's highest secrets to brag and appear cool. That is some serious wrongdoing, and it was caught on tape. This isn't some incredibly intricate legal case, it is a slam dunk.

Hutchinson has already called for Trump to get out of the presidential race. Romney, who previously had pooh-poohed the porn-star felony charges against Trump, was downright scathing, releasing the following statement:

Like all Americans, Mr. Trump is entitled to the presumption of innocence. The government has the burden of proving its charges beyond a reasonable doubt and securing a unanimous verdict by a South Florida jury.

By all appearances, the Justice Department and special counsel have exercised due care, affording Mr. Trump the time and opportunity to avoid charges that would not generally have been afforded to others.

Mr. Trump brought these charges upon himself by not only taking classified documents, but by refusing to simply return them when given numerous opportunities to do so.

These allegations are serious and if proven, would be consistent with his other actions offensive to the national interest, such as withholding defensive weapons from Ukraine for political reasons and failing to defend the Capitol from violent attack and insurrection.

The key phrase: "Mr. Trump brought these charges upon himself." He could easily have avoided all this if he had only done the right thing -- as Joe Biden and Mike Pence both did, when they discovered classified documents in their own papers. All he had to do was give them back and none of this would have happened.

He didn't. Which is precisely what he has now been charged with.

Trump, of course, is proclaiming his innocence. But his argument seems to be: "I declassified everything in my mind" (which doesn't even matter to the charges filed), and: "That stuff was mine, I had every right to keep it!" (which is flat-out false). That's it. That's all he's got. No wonder he keeps losing lawyers. Trump doesn't exactly give them much to work with.

Next Tuesday, we will again see the spectacle of Trump doing a perp walk. This time, however, the breathless door-to-door media chase will be a lot shorter, since it won't involve an airplane flight. Trump will be driven to the Florida courthouse, he will surrender himself, and he will be booked. This could include getting his fingerprints taken and a mug shot. It might even involve Trump being frogmarched in handcuffs, but that is probably too much to hope for. He will have to sit in a federal courtroom and listen to a judge read off all 37 charges against him. He will almost certainly plead "not guilty." Then he'll be released into the wild again, although it would certainly be amusing if he were fitted with an ankle monitor (again, probably too much to hope for), since he could be considered a flight risk (literally -- the man owns his own plane after all).

A trial date might be set during these proceedings. Trump's already facing a trial next spring up in New York, and of course there is the whole presidential campaign as well. There may be some extended discussion between the parties about the classified documents Trump is charged with taking, since some of them have the highest-possible levels of classification. Will they be made public and presented in court? Questions surrounding this issue will likely be the first thing that happens after the arraignment. Even though the special counsel called for a "speedy trial," all of the pre-trial activities are likely to take many months.

Donald Trump is no stranger to the inside of a courtroom. He has reportedly been a part of over 3,500 court cases to date. But these are the first two criminal cases Trump has ever faced. He's about to find out that criminal cases are not the legal playthings that civil cases can be (Trump is a past master of abusing the court system to attack his enemies). He will make the attempt to "try the case in the court of public opinion," as he always does. He is already raising money off his indictment. And as we said, his poll numbers actually went up when he was first indicted in New York, and that could easily play out again among the Republican base.

But sooner or later, even Republican voters might start to wonder if this entire circus is really worth it. Is Trump truly their best shot at retaking the White House in 2024? Could another Republican perhaps carry a lot more independent voters who will be turned off by either a felon or an accused felon on the GOP ticket? The initial "rally 'round the flag" support for Trump may disappear, over time. Then again, it might not. The more charges Trump faces, the more Republican voters might dig in their heels in support of him.

As of this writing, Trump is up to 71 felony charges lodged against him. But he's not out of the legal woods yet. And the ones still pending are even more serious than the charges he now faces, because both deal with an attempt to overturn an American presidential election. This is all unprecedented. We have had other presidents exhibit criminal behavior in the White House in our history, but none have ever had to answer for their crimes in a court of law. Trump is now not only the first president to be impeached twice, he is now the first ex-president to be indicted twice as well. And we're not even done with this first act of the entire drama, we're only halfway through.

Two down, two to go.

-- Chris Weigant

 

Follow Chris on Twitter: @ChrisWeigant

Cross-posted at: Democratic Underground

 

27 Comments on “Friday Talking Points -- Two Down, Two To Go”

  1. [1] 
    Kick wrote:

    Wait a minute, let's see here. I just found, isn't that amazing? This totally wins my case, you know. Except it is like, highly confidential. Secret. This is secret information. Look, look at this.... This was done by the military and given to me.

    ~ Donald Trump

    *
    The irony here is that this totally sinks his case because (lordy) there are tapes.

    I said it before, and I'll say it again. Trump's mouth indicts himself. He has the right to remain silent; he just doesn't have the ability.

  2. [2] 
    Kick wrote:

    CW

    This, from a man who demonized his first political opponent for mishandling classified documents by getting his crowds to chant: "Lock her up!"

    When does the irony stop?

  3. [3] 
    andygaus wrote:

    And apparently both Trump and Charlie Kirk have called upon the faithful to come to Miami on Tuesday...

  4. [4] 
    Kick wrote:

    CW

    Next Tuesday, we will again see the spectacle of Trump doing a perp walk. This time, however, the breathless door-to-door media chase will be a lot shorter, since it won't involve an airplane flight.

    But it's ~68 miles from Mar-a-Lago to Miami! Just saying. :)

  5. [5] 
    Kick wrote:

    andygaus
    3

    And apparently both Trump and Charlie Kirk have called upon the faithful to come to Miami on Tuesday...

    Perfect. Nobody remind Trump that Governor "Deeeee" Santis (his good, good friend and political opponent) has signed into law a statute that was intended to punish BLM protesters. The law increased penalties for protesters who block roadways and/or deface public monuments. It also invented a new crime called "mob intimidation" wherein anyone arrested for protesting be denied bail until their first appearance in court... making for a likely overnight jail stay for MAGAts and Trump cult zombies.

    The law also makes local officials in Florida liable for lawsuits from injured parties if they are found to have not done enough to respond to control protesters so Miami PD et alia are now therefore required by law to arrest any unruly and/or traffic-impeding MAGAts due to a law designed to punish BLM protesters.

    Isn't it ironic? :)

  6. [6] 
    C. R. Stucki wrote:

    People in my part of the country have never understood why anybody ever mounts protests aver the doings of the Bureau of Land Management???

  7. [7] 
    John From Censornati wrote:

    In the last couple of days I've seen several headlines that say that Fat Donny's boxes contained some of America's most closely guarded secrets. Some of the details do sound more alarming than I had even imagined, but I'm not convinced that we have closely guarded secrets.

  8. [8] 
    John From Censornati wrote:

    Look's like the butler did it. Short Fingers always has a fall guy. What a disgrace it'll be if Nauta goes to prison and the orange doesn't!

  9. [9] 
    BashiBazouk wrote:

    Aw, come on Stucki, I would think your part of the country is unique in it's protests over the Bureau of Land Management considering that a bunch of the hangers on of Clive and Ammon Bundy were from Idaho...

  10. [10] 
    C. R. Stucki wrote:

    BB

    Yeah,you got me there, but the Bureau of Land Management doesn't even operate in most of the places where all the "BLM" protests are being conducted!

  11. [11] 
    Elizabeth Miller wrote:

    Not yet charged is Trump's involvement in fomenting an insurrection and attempting to strongarm Georgia officials into overturning a free and fair election in his favor.

    So, what's taking so long?

  12. [12] 
    italyrusty wrote:

    Disappointing 'rant' once again; does anyone keep track of how FEW FTP columns *with actual talking points* there actually are during a year?

    In any case, I nominate Gov Newsom for MIDOW for his attention-grabbing initiative.

    https://www.politico.com/news/2023/06/08/newsom-gun-control-amendment-00100954

    It should be clear to anyone with half a brain that the 2nd Amendment is an insurmountable impediment to solving the gun violence crisis in the U.S. While this may be a 'positioning' maneuver for 2028, it's critical that *someone* start the conversation.

  13. [13] 
    Mezzomamma wrote:

    Elisabeth, so far as Georgia is concerned, there are two main reasons he wasn't charged earlier this year. Most importantly, the need to make the case watertight before indicting. Secondly, just at the time when people thought Willis was about recommend indictments to the regular grand jury, a number of witnesses came forward to say that their joint attorney had failed to tell them of an offer of immunity. These are people involved with the false elector scheme, at the least, and their accounts have to be checked and verified before they are called to be witnesses.

    A similar process is probably going on with the Jan 6th investigations, as some people decide that loyalty to Trump will harm them rather than help them, and investigators look to make their case watertight.

    This is nothing compared to the months and years that Trump and his ilk generally drag out cases they are involved in. They put off penalties for years, or force other parties to give up because they can't pay legal fees any longer.

    We do see judges refusing to play along with Trump now, which is good.

  14. [14] 
    MtnCaddy wrote:

    I’m thinking that if Republican Congresscritters were trying to get a pardon then the DoJ may well be looking into them as well.

    So Elizabeth, if we have a Trumpian conspiracy that reaches into Congress that explains how long this is taking. I’m pleased that the Feds wrapped up the slam dunk documents case and didn’t wait on the other investigations.

  15. [15] 
    nypoet22 wrote:

    Hillary Clinton must be having a hearty laugh right now.

  16. [16] 
    MtnCaddy wrote:

    We have Georgia in August and the big enchilada J6 at the end of the year or early 2024, so help is definitely on the way. Once the various investigations kept going and going I was convinced that indictments were coming. And justice, at last.

  17. [17] 
    Elizabeth Miller wrote:

    Hillary shouldn't be even privately chuckling, given that her thumbnail drive with all of her emails and whatever else - the one her office put in the regular mail - never reached its intended destination. So, there's that. Ahem.

  18. [18] 
    Bleyd wrote:

    Mezzomamma [13]

    I could be mistaken, but I think there may also have been details from the Special Council's investigation that would be relevant to the remaining 2 cases, so they wanted to wait until after that investigation concluded to proceed the rest of the way.

  19. [19] 
    Kick wrote:

    C. R. Stucki
    6

    People in my part of the country have never understood why anybody ever mounts protests aver the doings of the Bureau of Land Management???

    I see what you did there, but you also leave me no choice but to assume you've lost your mind and therefore totally forgot that there are multiple morons from your "part of the country" who participated in a standoff wherein they (along with the spawn of Cliven Bundy) had occupied the Malheur National Wildlife Refuge in armed protest in 2016... but not before some of those same multiple morons from your "part of the country" had participated in the Cliven Bundy standoff in 2014.

    I will assume you don't need instruction regarding which agency (among others) has authority over those federal lands.

    Yes, I'm teasing with you while taking you to school. :)

  20. [20] 
    MtnCaddy wrote:

    Whatever. Hillary is no longer relevant and of no interest.

  21. [21] 
    Kick wrote:

    BashiBazouk
    9

    Exactly! :)

  22. [22] 
    Kick wrote:

    C. R. Stucki
    10

    Epic fail at moving the goalposts Stucki. :)

  23. [23] 
    Kick wrote:

    Elizabeth Miller
    17

    Hillary shouldn't be even privately chuckling, given that her thumbnail drive with all of her emails and whatever else - the one her office put in the regular mail - never reached its intended destination.

    I would wager she gets a huge laugh (and why shouldn't she?) whenever any of these holier-than-thou stuffed shirts and hypocritical bloviating blowholes are discovered to have done the same or infinitely worse after having sat in sanctimonious judgment of her.

    Hillary's reaction when James Comey was found to have used his personal email to conduct FBI business on numerous occasions even after having lectured and chastised her:

    "But my emails."

    Hillary's reaction when a 37-count indictment against Donald Trump was unsealed outlining how he stole thousands of hard copies of highly classified documents belonging to the United States, his refusal to return said stolen documents after 18 months, his hiding their discovery from his own lawyer, his encouraging their destruction of them by his own lawyer... many of them so highly classified that the classification markings were too classified to be included on the list of 31 documents contained in the indictment?

    She's brought back her limited edition hat with proceeds going to Onward Together groups working to strengthen democracy in America... which reads: BUT HER EMAILS.

    And I wouldn't hesitate to bet a very large chunk of change she's not done laughing yet. Watch this space. :)

  24. [24] 
    nypoet22 wrote:

    hey donald, do you like apples?

    i'm sure hillary and her e-mails like THEM apples.

  25. [25] 
    nypoet22 wrote:

    that is, if she can first get over her horror at the scope of the national security breach donald's alleged offenses represent.

  26. [26] 
    nypoet22 wrote:

    i mean, irrespective of the legal ramifications; if there were a hypocrisy olympics... donald spending a whole year-long campaign criticizing his opponent for being careless with national security documents on an e-mail server, and four years later stashing boxes full of secret and top secret documents in his shower just to make conversation at parties... that right there is a gold medal performance.

  27. [27] 
    Kick wrote:

    nypoet22
    24|25|26

    hey donald, do you like apples?

    I would wager Trump only eats apples in pie -- just desserts.

    i'm sure hillary and her e-mails like THEM apples.

    I would wager she's laughing her ass off that retributive justice is now coming for Donald -- just deserts.

    that is, if she can first get over her horror at the scope of the national security breach donald's alleged offenses represent.

    As anyone familiar with classification markings can tell you, Trump stole nuclear secrets. This ain't rocket science.

    i mean, irrespective of the legal ramifications; if there were a hypocrisy olympics... donald spending a whole year-long campaign criticizing his opponent for being careless with national security documents on an e-mail server, and four years later stashing boxes full of secret and top secret documents in his shower just to make conversation at parties... that right there is a gold medal performance.

    Yep.

    Also, from the recording recovered from Trump's assistant's laptop, in July 2021, private citizen Donald Trump showed highly classified top-secret documents regarding war plans with Iran to the ghostwriters of Mark Meadows' book in order to discredit Mark Milley who believed that Trump might attempt to remain in power (spot on) and that war with Iran might be one of the many avenues he might use to achieve it. So why would Milley (or anyone with two brain cells) hypothesize that scenario?

    Because Trump is a not just a self-centered, fame-whoring, aggrandizing, money-grubbing lying grifting con artist, he's also a human projector:

    Trump repeatedly claimed in 2011 and 2012 that Obama would start a war with Iran to win reelection

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