https://sputnikglobe.com/20230614/why-trumps-classified-docs-case-wont-be-easy--speedy-for-bidens-doj-1111160549.html
Why Trump's Classified Docs Case Won't be Easy & Speedy for Biden's DOJ
Why Trump's Classified Docs Case Won't be Easy & Speedy for Biden's DOJ
Sputnik International
Even though the US Department of Justice's case against former President Donald Trump looks strong, it will most likely be mired in delays and controversy, legal experts warn.
2023-06-14T18:50+0000
2023-06-14T18:50+0000
2023-06-14T18:50+0000
americas
donald trump
joe biden
miami
republican
doj
gop
us
2024 us presidential election
espionage act
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On Tuesday, former President Donald Trump was arraigned in a federal court in Miami, where he pleaded not guilty to 37 felony counts related to his alleged mishandling of classified documents.Having examined the indictment and publicly released pieces of evidence, many US legal observers say that the case brought forward by Special Counsel Jack Smith against Trump is a "strong" one.Still, that does not mean that convicting Trump will be a piece of cake for Smith; likewise, it will by no means be "speedy," former US prosecutors told the mainstream media.First, given that Trump is charged under the Espionage Act his case will be especially complex because some of the key evidence due to be presented during a public trial is classified. There could be a lot of backs-and-forths related to the need to protect the nation's secrets and ensure a due process for the defendant. Per some legal experts, the process of evidence-sharing with Trump’s defense team alone could take about a year.In addition, decisions on pre-trial motions related to classified evidence can be appealed – which is not common for ordinary criminal cases, thus giving Trump's legal team extra time and opportunity to fight for making public some docs important to their client.Second, a significant portion of the indictment against Trump is based on attorney-client communications, which are protected under US law, according to former federal prosecutors, cited by the press. This circumstance is likely to make the legal battle even longer. Legal experts refer to the fact that the DoJ forced Trump's lawyer Evan Corcoran to testify in the case against his client and hand over private correspondence, earlier this year thus, apparently, violating the attorney-client privilege.Third, even if Trump is convicted his opponents would not be able to breathe the sigh of relief because he is the current front-runner for the Republican nomination for president. Legal observers agree that even if the Republican contender is sentenced before November 2024 (which remains a big "if" due to the complicated litigation), this won't stop him from running. Furthermore, there is virtually no law to disqualify Trump from running if he is even placed behind bars, as per New Yorker.The US press cited the precedent of US Socialist Party candidate Eugene V. Debs, who ran for president from prison in 1920 after being convicted under the same old Espionage Act. Debs got around a million votes and later his sentence was commuted by the 29th US President Warren Harding. What's more, the US law does not prevent someone imprisoned from becoming the president if the American people elect them.On top of that, there is still a vague possibility of Trump "self-pardoning" if he wins the race. In any event, cracking down on Trump could seriously backfire on the Democratic Party and play into the hands of their political opponents at the end of the day, US observers conclude.
https://sputnikglobe.com/20230614/trumps-deep-state-enemies-take-persecution-from-congress-to-courts-1111148102.html
https://sputnikglobe.com/20230611/could-trump-pardon-himself-if-he-wins-in-2024-1111064402.html
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donald trump, trump indictment, trump classified docs case, trump mishandling classified docs, trump espionage act, trump 2024 presidential bid, trump republican front-runner, trump client-attorney privilege, biden's doj, biden political bias
donald trump, trump indictment, trump classified docs case, trump mishandling classified docs, trump espionage act, trump 2024 presidential bid, trump republican front-runner, trump client-attorney privilege, biden's doj, biden political bias
Why Trump's Classified Docs Case Won't be Easy & Speedy for Biden's DOJ
Even though the US Department of Justice's case against former President Donald Trump looks strong, it will most likely be mired in delays and controversy, legal experts warn.
On Tuesday, former President Donald Trump was
arraigned in a federal court in Miami, where he
pleaded not guilty to 37 felony counts related to his alleged mishandling of classified documents.
Having examined the indictment and publicly released pieces of evidence, many US legal observers say that the case brought forward by Special Counsel Jack Smith against Trump is a "strong" one.
"Generally, the indictments are a lot stronger on the day they are issued than on the next day, so they may be able to knock down some of these issues. But some of the evidence is coming from his former counsel, and these are very damaging statements made against him. It may be hard to move those," Jonathan Turley, a prominent US litigator, law professor, and legal commentator, told the US press.
Still, that does not mean that convicting Trump will be a piece of cake for Smith; likewise, it will by no means be "speedy," former US prosecutors told the mainstream media.
First, given that Trump is charged under the Espionage Act his case will be especially complex because some of the key evidence due to be presented during a public trial is classified. There could be a lot of backs-and-forths related to the need to protect the nation's secrets and ensure a due process for the defendant. Per some legal experts, the process of evidence-sharing with Trump’s defense team alone could take about a year.
In addition, decisions on pre-trial motions related to classified evidence can be appealed – which is not common for ordinary criminal cases, thus giving Trump's legal team extra time and opportunity to fight for making public some docs important to their client.
Second, a significant portion of the indictment against Trump is based on attorney-client communications, which are protected under US law, according to former federal prosecutors, cited by the press. This circumstance is likely to make the legal battle even longer. Legal experts refer to the fact that the DoJ forced Trump's lawyer Evan Corcoran to testify in the case against his client and hand over private correspondence, earlier this year thus, apparently, violating the attorney-client privilege.
"Attorney-client communications, attorney-client work products, are very strongly protected in really all common law legal systems, but especially here in America. And the fact that those communications form such a large part of the case against the president is something that’s going to be litigated, and I think, be a key legal battle in the months ahead," former federal prosecutor Will Scharf, who is running in the 2024 GOP primary for Missouri attorney general, told Epoch Times.
Third, even if Trump is convicted his opponents would not be able
to breathe the sigh of relief because he is the current front-runner for the Republican nomination for president. Legal observers agree that even if the Republican contender is sentenced before November 2024 (which remains a big "if" due to the complicated litigation), this won't stop him from running. Furthermore, there is virtually no law to disqualify Trump from running if he is even placed behind bars, as per New Yorker.
The US press cited the precedent of US Socialist Party candidate Eugene V. Debs, who ran for president from prison in 1920 after being convicted under the same old Espionage Act. Debs got around a million votes and later his sentence was commuted by the 29th US President Warren Harding. What's more, the US law does not prevent someone imprisoned from becoming the president if the American people elect them.
On top of that, there is still a vague possibility of
Trump "self-pardoning" if he wins the race. In any event, cracking down on Trump could seriously backfire on the Democratic Party and play into the hands of their political opponents at the end of the day, US observers conclude.
