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Can Trump avoid an indictment?

&NewLine;<p>No matter what you think of President Trump as a person or the achievements of his administration&comma; there is no doubt that the status of various legal cases are not trending in his favor&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Much to the chagrin of the Trump haters&comma; I have often drawn the critical difference between a court-of-law – with all its constitutional requirements and protections – and the political court-of-public-opinion – susceptible to rumors&comma; disinformation&comma; and false accusations&period;&nbsp&semi; One is designed to find truth through the analysis of facts by both sides&period;&nbsp&semi; The other is vulnerable to passion and perception as opposed to reality&period;&nbsp&semi; In a court-of-law&comma; they build cases to win convictions&period;&nbsp&semi; In the court-of-public-opinion&comma; they create bogus narratives to win elections&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Hard core loyalists have expressed their chagrin that I will express my dislike for the personal traits of the man – and am unwilling to follow his script&period;&nbsp&semi; In terms of his legal vulnerabilities&comma; I have taken a wait and see posture – noting that any accusations against Trump will be harder to prove in a court-of-law&period; As far as the Select Committee’s political dog-and-pony show&comma; nothing new&period;&nbsp&semi; Whatever they determine will be meaningless political fodder if it does not lead to action by the Department of Justice&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>I have also opined in the past that Trump’s greatest danger may be from his activities as head of the Trump Organization in the years before the presidency&period;&nbsp&semi; Many of his actions following the 2020 presidential election pose less vulnerability&comma; in my judgment – but not zero&period; Allow me to explain&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Three recent events must be VERY disturbing to Trump – and may portend serious problems ahead&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading" id&equals;"h-the-raid-on-mar-a-lago"><strong>The Raid on Mar-a-Lago<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>The first is the FBI raid on his residence at Mar-a-Lago&period;&nbsp&semi; &lpar;Most folks understand it was a raid despite the efforts of those on the left to redefine it as some sort of &OpenCurlyDoubleQuote;visit”&period;&rpar;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>To say this was unprecedented is an understatement&period;&nbsp&semi; It set off a hornets’ nest of anger among Trump loyalists – and others&period;&nbsp&semi; The surface explanation is the recovery of White House documents that Trump says are his – and Attorney General Merrick Garland claims to be the property of the American people&period;&nbsp&semi; Having worked for the White House on two occasions&comma; I am inclined to believe that most of those documents should not have been removed&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>I think the Trump haters lose on the issue of classified information since the Constitution gives the President unfettered powers to declare things declassified – and the Constitution prescribes no process other than the President saying so&period; There is no clarity on the process&period; Trump even argues that taking the records home automatically declassifies them – and there are no laws to say he is wrong&period;&nbsp&semi; It is an unsettled issue that needs a constitutional amendment and a decision by the Supreme Court to any challenges&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>There is the 1978 Presidential Records Act that seems to cover the improper removal&period;&nbsp&semi; How far Attorney General Garland can take that law&comma; in this case&comma; is yet to be seen&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Perhaps the greatest danger to Trump as an aftermath of the raid is the discovery of evidence of other potential crimes&period;&nbsp&semi; While Garland may not have sufficient reason to raid Trump’s home on other issues&comma; the DOJ can use anything they coincidentally find – things that might impact on the Georgia Case or the New York Case&period;&nbsp&semi; Some have speculated that fishing for other evidence was the real purpose of the raid&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading"><strong>The Georgia Case<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>Sorting out what Trump and others did that was perfectly legal and what may not be is complicated&period;&nbsp&semi; For example&comma; the Trump haters see his request for 11&comma;780 votes as a demand to steal those votes&period;&nbsp&semi; However&comma; it could just as easily mean that Trump believed there were thousands of illegal votes and he only needed 11&comma;780 to be thrown out&period;&nbsp&semi; I would be surprised if that resulted in even an indictment – and it is impossible to imagine a conviction&period;&nbsp&semi; So&comma; there must be something else&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The Georgia case warmed up a bit with the announcement that former Trump attorney Rudy Giuliani is now a &OpenCurlyDoubleQuote;target” of the investigations&period;&nbsp&semi; That means the local prosecutor believes she has sufficient evidence to indict and convict Giuliani of a crime … a serious crime&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>We do not yet know the nature of the crime – or whether it will lead to Trump&comma; himself&period;&nbsp&semi; The best speculation is that it is lying to investigators&period;&nbsp&semi; If that is the charge – as opposed to vote fraud – Trump will be in the clear&period;&nbsp&semi; At this juncture&comma; there is nothing specific being reported that links Trump to any vote fraud in Georgia – or anywhere else&period;&nbsp&semi; The left-wing media accused Trump of being guilty of many things in the past&comma; but fails to produce any compelling evidence&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading"><strong>The New York City Case<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>I have opined in the past that the greatest legal threat to Trump may be in the New York Case – where the Trump Organization is being investigated for a range of criminal business activities&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>It may seem a bit cynical&comma; but my opinion is at least partially based on the fact that he has been a major New York City real estate developer for decades&period;&nbsp&semi; I think the potential of having broken the law is rather high&period;&nbsp&semi; It is not just because he is Donald Trump&comma; but that almost any major urban real estate developer would be found to have committed crimes &&num;8212&semi; if investigated&period;&nbsp&semi; The opportunities are vast and the consequences generally nil&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The New York City Case went from warm to hot with the announcement that the Trump Organization’s chief accountant and family friend&comma; Allen Weisselberg&comma; has pled guilty to 15 felonies over the course of many years&period;&nbsp&semi; This is not an indictment&period;&nbsp&semi; Weisselberg has seen the evidence against him and decided that he has no credible defense &&num;8212&semi; and can only limit his sentence by pleading &OpenCurlyDoubleQuote;guilty&comma;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Knowing the structure of the Trump Organization – and the Donald’s reputation for knowing everything that goes on – it is difficult to imagine that criminal fraud could have been ongoing for years without his knowledge&period;&nbsp&semi; It will have to be proven&comma; of course – but it does not look good for Trump&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Also&comma; Weisselberg will now be facing sentencing&period;&nbsp&semi; Flipping on Trump – and other members of the family – is the only way he can lessen his jail time&period; Given the long intimate relationship Weisselberg has had with the Trump family&comma; if he flips&comma; I would say that Trump is in deep doo-doo&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Remember … the prosecutors will not lesson Weisselberg’s sentence unless he can produce very convincing evidence on the boss&period;&nbsp&semi; The only positive option for Trump is if Weisselberg hangs tough and refuses to flip on Trump – taking the longer sentence&period;&nbsp&semi; Hard to imagine that happening no matter how close the family ties have been over the years&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading"><strong>The Capitol Hill Case<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>Nothing new with that one&period;&nbsp&semi; In fact&comma; it has become a tiresome repetitious regurgitation of old accusations—and the insurrection&comma; coup attempt&comma; civil war hyperbole is starting to wear thin&period;&nbsp&semi; That case &&num;8212&semi; being relentlessly pursued by Speaker Pelosi’s one-sided Select Committee – is long on accusations and very short real evidence of anything that would stand up in a court-of-law&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h2 class&equals;"wp-block-heading"><strong>Summary<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>If I had to give odds&comma; I think the odds of Trump being indicted for something before the 2024 presidential election is at least 60&sol;40&period;&nbsp&semi; And the odds for a conviction are 50&sol;50&period;&nbsp&semi; I do not think we will see anything close to insurrections&comma; sedition or treason&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&lpar;And for those of you on the left and right who want to interpret this commentary as a political judgment for or against Trump&comma; it is not&period; It is just what I objectively deduce from what I see happening&period;&rpar;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>So&comma; there &OpenCurlyQuote;tis&period;<&sol;p>&NewLine;

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