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    Trump’s Legal and Political Jeopardy | Saturday Extra

    enJune 17, 2023

    Podcast Summary

    • Legal case against Trump raises unprecedented questionsJudge's past involvement in Trump case sparks controversy, special master appointed to review privileged materials, public should wait for case outcome without assumptions

      The ongoing legal case against the former President of the United States and current leading Republican presidential candidate, Donald Trump, is raising unprecedented political and legal questions. The case, which includes the appointment of a special judge, Aileen Cannon, has sparked controversy due to her previous involvement in the case following the Mar-a-Lago search in August 2022. While it's not unusual for a judge to preside over a case they've previously been involved in, the media and public attention on this case may lead to increased scrutiny. It's important to note that the performance of the judge will be closely watched, regardless of political affiliations. The appointment of a special master to review privileged materials was a common practice in litigation, and the court of appeals had reversed the judge's previous decision. The public should wait and watch how the case unfolds without making assumptions based on political affiliations.

    • Legal battle over Trump documents raises questions about forum shopping and delay tacticsThe ongoing legal battle between the Justice Department and Trump's team over classified documents involves potential forum shopping and delay tactics, with the government facing challenges in disclosing classified information and potential delays due to 'gray mail' requests.

      The ongoing legal battle between the Justice Department and former President Trump's team over the handling of classified documents raises questions about forum shopping and potential strategies for delaying the case. The Biden administration's initial attempt to prosecute Trump in the District of Columbia was criticized as hypocritical, given their later decision to move the case to Florida. Trump's team, who are still in the process of securing local counsel, are expected to use the Espionage Act charges against Trump to request more disclosure of classified information, potentially leading to a "gray mail" situation. This could make it more difficult for the government to prosecute the case effectively, as disclosure battles may delay the trial and potentially compromise Trump's due process rights.

    • Legal proceedings against Trump may continue post-electionThe legal proceedings against Trump for handling classified info could prolong beyond the election due to the complex nature of the case and extensive procedures involved. The Hillary Clinton precedent may not be a strong defense for Trump.

      The ongoing legal proceedings against Donald Trump related to the classified information procedures act are likely to extend beyond the upcoming election. This is due to the complex nature of the case and the extensive procedures involved under this act, which the speaker has personal experience with from prosecuting terrorism cases. The debate surrounding the case has seen a blend of political and legal arguments, but from a legal standpoint, Trump's team may struggle to use the Hillary Clinton precedent as a defense. The selective prosecution argument, while effective as political rhetoric, may not hold much weight in a court of law when comparing Trump to other defendants charged with similar offenses. The real issue, according to the speaker, is not that Trump is being charged, but rather that Hillary Clinton was not, and this discrepancy is not likely to be a successful legal argument.

    • Trump's defense of selective prosecution unlikely to hold up in courtThe fact that others weren't charged for similar crimes won't be a valid defense in Trump's trial, and Hillary Clinton's case may set a precedent for future prosecutions.

      While former President Trump's defense of selective prosecution may be effective politically, it is unlikely to hold up in a court of law. The jury will be focused solely on whether the government has proven Trump's guilt beyond a reasonable doubt, and the fact that others who may have committed similar crimes were not charged will not be a valid defense. As for precedent, the handling of Hillary Clinton's classified documents case by the Obama Justice Department may make it difficult to prosecute her in the future. However, since the statute of limitations has passed, the case is effectively dead. As for President Biden, only time will tell if he faces any legal trouble related to this precedent. The Biden prosecutor's involvement in the case adds an interesting layer to the situation.

    • Political Appointment of Special Counsel for Trump InvestigationThe Biden administration's appointment of Jack Smith as special counsel to investigate Trump raises questions of impartiality due to reporting to the attorney general, and the timing could be used as a campaign issue, making resolution before the election unlikely.

      The appointment of Jack Smith as special counsel to investigate Donald Trump appears to be more political than legal. The Biden administration is trying to maintain the appearance of impartiality, but the special counsel reports to the attorney general, who is part of the Biden Justice Department. The way the case has been charged, with Espionage Act offenses being highlighted, has brought attention to President Biden's own potential offenses related to classified information. This puts the Biden administration in a difficult position, as Trump is likely to use this as a campaign issue, making it challenging for the case to be resolved before the election. Another open question is what is not being emphasized enough in the national conversation regarding this case. The multiple ongoing litigations against Trump make it difficult to imagine how this case will get to trial before the next election.

    • Donald Trump's Legal BattlesDonald Trump is facing numerous legal battles involving classified information, civil fraud allegations, potential election charges, and the January 6th Capitol riots investigation, which could impact his political future.

      Former President Donald Trump is facing numerous legal battles in the coming months and years. These include cases in New York state and federal courts, as well as an investigation by the Fulton County prosecutor in Georgia. The cases involve classified information issues, civil fraud allegations, and potential charges related to the 2020 election. The complexities and scheduling of these cases are significant, and the outcome of each could have major implications for Trump's political future. Additionally, Special Counsel Jack Smith is investigating Trump's involvement in the January 6th Capitol riots, and a report from that investigation is expected to be released during the 2024 campaign. With so many legal battles on the horizon, the coming months and years are likely to be a challenging time for Trump.

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