Tuesday, June 20, 2023

RE Indictment: "Very Damning" or Not a "Slam Dunk?"

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While a former U.S. attorney general says the indictment of Donald Trump may be "very damning," another legal expert says it's not the "slam dunk" case that's being portrayed to the public.

Much of the discussion and speculation on the indictment has come from the journalist camp, not with legal experts appearing on television news shows, Fox News contributor and legal analyst Gregg Jarrett said on American Family Radio Monday.

Be informed, not misled.

The legal case on Trump is not as certain as the media would lead the public to believe.

Fox News contributor and legal analyst Gregg Jarrett said on American Family Radio Monday. Media's bias and ignorance are fueling public debate on the Trump case.

The result is a discussion led by mainstream media, most of whom – according to Jarrett – hope to see the former Republican president led away in handcuffs.

"The mainstream media, the liberal media, are convicting Trump in the court of public opinion, pronouncing that he's guilty of crimes. Frankly, their pronouncement is driven by a blinding political bias and ignorance of the law," Jarrett told show host Jenna Ellis. "They don't appreciate that an indictment is simply a set of accusations, often inflated; and that a defendant – in this particular case, Donald Trump – has several viable defenses."

The media’s pronouncements that Donald Trump is almost certainly guilty of crimes are based on ignorance of the law and a blinding political bias. As is often the case with capacious fiats mouthed by the featherhead class, the opposite is true.  

The former president has several viable defenses. Some will be offered in pre-trial motions challenging the 37 charges in a Florida grand jury indictment related to his handling of alleged classified documents. These motions are appealable if denied. Such interlocutory petitions and arguments are laborious and time-consuming. They render Special Counsel Jack Smith’s stated ambition of a "speedy trial" fanciful, at best.  

Trump’s principal defense rests with the Presidential Records Act (PRA). It is not "farcical," as former Attorney General William Barr claims. A law passed by Congress in 1978 granted an exclusive right of former presidents to maintain custody and control of presidential papers accrued during their terms in office.  Arguably, it includes classified documents.  

A fundamental precept of law is that specific statutes prevail over general statutes. The PRA is a specially crafted law that applies to a narrow group of people. That is, presidents. By contrast, the Espionage Act enacted in 1917 is a general statute that applies broadly to all citizens. Hence, the defense will argue that PRA takes precedence over the Espionage Act, which accounts for most of the charges against Trump.  

Trump's enemies seem to be counting on winning public opinion because they are not seeking justice so much as they are trying to take him out politically and personally.

Trump's enemies are losing in the court of publican opinion.

A Harvard poll shows that the media and the leftist activists are increasingly losing in the court of public opinion.

In the days since the Biden Justice Department indicted and arraigned former President Donald Trump, Americans' view of the case has turned increasingly sour, with a majority of respondents to a Harvard CAPS / Harris poll taking Trump's side and agreeing the case constitutes "election interference."

According to the poll, 55 percent of Americans say the Trump indictment is "politically motivated" compared to 45 percent who say it is a "valid" case, while even more — 56 percent — say the indictment is "interference by the Department of Justice in the 2024 elections" and just 44 percent of Americans view the case as a "fair application of the law."

In a post on his site, law professor Jonathan Turley says the Harvard CAPS / Harris poll "captures the level of distrust for the Justice Department" and demonstrates "the failure of Merrick Garland at the midpoint of his tenure as Attorney General."


So, it appears, the Biden administration has managed to give their boss' leading opponent heading into 2024 exactly what he wanted: endless earned (read: free) media exposure and continuing status as a martyr for the cause while pushing an increasing number of Americans to see the case through the lens espoused by Trump. 

At the same time, Biden and his Justice Department have made Americans' view of the DOJ even worse and gave Biden's handling of documents an even more serious appearance (if they try to send Trump to prison for 100 years, this must be a bad thing!) as Biden seeks to minimize the existence of documents at Biden's post-VP office and Delaware garage. 

Be Informed. Be Discerning. Be Vigilant. Be Engaged. Be Prayerful.