OK, I Think I Might Know the DOJ's Strategy for Trump - Bear With Me Here

[MineralMan]

Someone else may have already suggested this, but I haven't seen it if they have.

First, Donald J. Trump, in an attempt to disqualify Hillary Clinton from running for President again, pushed through changes in the law regarding misappropriation and misuse of classified information. The law was subtly changed to have a penalty of 5 years in prison, making it a federal felony. AND it was changed to include the punishment of a bar on ever holding office again.

Second, this was done beacause "her emails." Trump thought this might prevent her from running against him a second time.

Unfortunately for Donald J. Trump, he has genuinely misappropriated and misused classified information. That he took and transported it to Mar a Lago is a fact. He would be easily convicted of that by any jury that heard the case. He has no possible viable defense. He did it. He is guilty of that crime, and it's a sure-thing case.

So, Trump is "hoisted by his own petard," so to speak. If he is indicted and tried for this, he will be found guilty by a jury or plead guilty in a plea bargain that avoids his imprisonment. Simple decision for confinement-averse Trump.

Now, here's the bad news: The other things he could be charged with are far more difficult to prosecute, and are subject to hung juries if just one person on the jury is a Trumper. So...even if they can reliably convict on the misappropriation and misuse of classified information, an open and shut case, they might risk losing on a more significant charge.

So what is the DOJ likely to do? That's easy. They could easily indict Trump on the misappropriation and misuse charge, which would end Trump's possible campaign in 2024. After that, of course they could also charge him with the other crimes, but even if he loses, there would be that conviction or guilty plea on the classified information charge. It's a win-win situation, and AG Garland would dearly love to charge Trump with a sure thing and then try the other stuff, maybe, if he thinks he might get a conviction.

We might not get everything we want, but Trump could never be President again. Perhaps we might have to settle for that. I, for one, would be OK with that.

This is a simple analysis. If I can conceive it, no doubt the DOJ can.

[Raven123]

1. Why do you think Trump wouldn't run regardless of a plea?

[plcdude]

2. I would

Think that the DOJ will present multiple criminal charges some of which are a slam dunk like the classified documents and others with the help of cooperating witnesses could also result in further burden to TFG.

[walkingman]

3. I like your thoughts but ....

"They could easily indict Trump on the misappropriation and misuse charge, which would end Trump's possible campaign in 2024. "

I not sure he would end his campaign?I think he would use the charges as a fundraiser. He knows that there are millions of people that would vote on him regardless of what he does. He is the anti-liberal that God sent them to "straighten out America". As dumb as that sounds it is reality for a large number of Americans.

Regardless, I do not think he will ever be convicted of anything or serve a day in jail. I personally hope he has a heart attack or stroke.

[3Hotdogs]

32. Trump will run under any circumstance.

It’s part of the grift.

Fundraisers at his properties will generate $millions.

[NCjack]

4. Trump knows what DOJ has on him. I suspect that a pardon deal

negotiation will soon begin.

[Joinfortmill]

10. We could soon be testing self-pardons. Biden will never, never pardon Trump. Never.

[onecaliberal]

14. Never. President Biden is a patriot.

[2naSalit]

26. He can't pardon himself...

No matter what. And pardons are not valid if issued to cover up guilt in a criminal act no matter who issues it. Any pardon he might attempt to claim is about as valid his NDAs.

[NYC Liberal]

44. "pardons are not valid if issued to cover up guilt in a criminal act no matter who issues it"

That's not true. There are no limitations on the pardon power other than it's only for federal crimes and an impeachment conviction can't be pardoned.

The self-pardon question hasn't been tested.

[MineralMan]

27. Trump can't pardon anyone at this point.

No chance at all that Biden would.

[druidity33]

41. There is a theory out there circulating...

that Trump issued himself a "pocket pardon" before he left office. Sort of a get out of jail free card. It's something i could see him trying to get away with.

[MineralMan]

42. That's not a theory. It's just a speculation.

I do not believe that a self-pardon would stand in any case, even with this SCOTUS.

[druidity33]

45. Ah, you 'do not believe'...

that a self-pardon would stand. (How long would it take to get through the courts in order to 'not stand'?) How is that different than me 'believing' Trump is perfectly capable (read: highly likely) of trying to save his own ass? That is to say, you speculating on what the Supreme Court might do?

[MineralMan]

46. Yes. I do not believe it would stand.

I don't "know" that it would not stand. I "believe" it would not.

I doubt it will be tested, though.

[CentralMass]

16. The Orange Anus deserves to spend time in jail.

I hope that it occurs..

[Claustrum]

5. For me, anything for TFG not to run again is fine by me. n/t

[gab13by13]

6. Trump will not be prosecuted for misuse of classified documents,

unless DOJ has proof that he shared documents with foreign governments.

[MineralMan]

7. Possibly, but I'm going to stand on this.

We'll see.

[onecaliberal]

15. He shared it all on day 3 of his admin. He had blackmail material and state secrets.

They were going to get it back either way. His lawyers showed the documents they had but refused to turn them over. This is textbook. Not to mention a witness already came forward to say trump was warned NOT TO REMOVE these documents. This stuff is so secret it can’t even be described.

[brooklynite]

8. Except that its not the goal of the DOJ to prevent Trump from running again.

Its their job to prosecute crimes.

[Mr.Bill]

11. They have been presented with an

opportunity to do both.

[MineralMan]

12. Exactly.

[jaxexpat]

33. Achieving the minimum may open the door to the maximum.

I'm tending to agree with your assessment. It is designed to be a strictly legal and code enforcement proposition. With no surprises, the future is predictable to a great extent.
We hope for greater prosecution and an end to his minions in congress. I don't think his base will be a real problem to anyone but law enforcement, sporadically and with no effect except to further enrage the majority of the voters. There is a probability that the Republican party will evolve. Like after Nixon but hopefully With more sincerity, more profoundly. In any case it will be up to Democrats to maintain pressure on the media.

[brooklynite]

13. And the second wasn't in their minds when the decision was made to raid Mar-a-Lago...

Remember? The Attorney General who isn't political?

They will prosecute if there's evidence to prosecute. They won't if there isn't.

[MineralMan]

22. Yeah? Well, maybe you know better than I.

I guess time will tell.

[Joinfortmill]

9. Very interesting, indeed.

[Silent3]

17. If this were the DoPJ...

...that is, the Department of Poetic Justice, such a result would be perfect.

Even for an ordinary DoJ, not bad if it sticks.

I sure do hope, however, that Trump gets charged and convicted of much worse. I'm really sick of the legal standards (which don't protect or benefit ordinary people, only elites) under which convicting Trump of seditious conspiracy would be "difficult".

[SheltieLover]

18. Yup & nicely paves a clear path as nominee for Death Satan

Guessing not a coincidence.

CPAC just voted overwhelmingly for tfg as nominee.

They know he would not win, so in steps thd FBI.

[Kablooie]

19. They would have to have multiple trials before 2024.

I don't think they can do that.

Trump would find ways to stall and delay every trial and then do the same through multiple appeals.
He would probably get it on the SCOTUS docket and everyone would have to wait for that too.

It's nice to think about but Trump has too many stalling tactics available to ever be convicted on a schedule.

[MineralMan]

25. They might just do that.

[Kablooie]

39. It would be great if they could find a way to stop his stupid stalling tactics.

And not approve his appeals.
To appeal you have to demonstrate some flaw in the trial.
I'm sure the flaws Trump lawyer's claims are frivolous so I wonder if an appeal could be denied?

[Beetwasher.]

20. Very Possible, and in Fact I think it was a Honey Pot to Begin with

I think they have him dead to rights because some patriots knew he would try this and set up the honey pot for him.

[kentuck]

21. I think they were just giving the people an appetizer...

Before they get into the serious crimes.

They wanted to inoculate them from the bad news.

[TomSlick]

23. I doubt the prohibition from holding federal office can constitutionally apply to the presidency.

The qualifications for the presidency are set out in the Constitution - natural born citizen, at least 35 years of age, and a resident of the US for 14 years. (Article II, Section 1, Clause 5) Any additional qualification or prohibition is likely unconstitutional.

The best hope is that it is difficult to run or serve if in federal prison.

[MineralMan]

24. Maybe.

[TomSlick]

29. I have little doubt the current majority would side with TFG.

I suspect some of the Justices appointed by Democrats would concur.

The question is whether the qualifications in the Constitution are exclusive. While "slippery slope" is a logical fallacy, there would be some concern about what other qualifications or disqualifications a future Congress might enact.

[HariSeldon]

34. I read those in the Constitution as "necessary"

And any mathematician know that "necessary" doesn't mean "sufficient." While the Constitution does set out some requirements for holding the Presidency (which may not be waived by a law), the Constitution does not explicitly prohibit the legislative mechanism (i.e. both chambers of Congress plus the President's assent or a veto override) from adding more requirements to holding the Presidency.

[TomSlick]

37. A reasonable argument the constitutional requirements are not exclusive.

I am skeptical the current majority of SCOTUS would be moved but you make a sound legal argument.

[rubbersole]

28. He won't run again.

The whole thing is a grift. He raises money on everything. None of it goes where the donors (rubes) think it's going. He's possibly the greatest con man of all time. Well, except for Putin.

[TomSlick]

30. I do so hope you are correct about TFG not running again.

I remain concerned that he will run because he believes that doing so squelches all federal investigations.

[housecat]

31. If trump runs and, God forbid, wins, it's game over for Democracy and America. He even said

that he'd like to be like Hitler. How could that get any more terrifying? He can't be permitted to run for any office under any circumstances. He could go to prison, be put in a straight jacket, leave the country, or die. I'm not particular, as long as he is powerless in our country.

[Snarkoleptic]

35. Al Capone went down for a 'paper crime' - tax evasion.

I've love to see TFG on trial for all misdeeds, but this classified document issue is a good start.
Whatever it take to neuter this menace.

[MineralMan]

36. +100!

[wnylib]

38. If DOJ can get Trump on the documents, but not

on the other charges, especially not on J6, that might keep him from running for office again. It might even get him a prison sentence. If the top secret documents are as sensitive as has been reported and if there is proof that he shared them, think about WHOM he would have shared them with. This could be a treason charge of giving aid to a US enemy.

But, it still would not resolve the problem of the many ways that Trump got away with illegalities and unethical behavior while in office. There would still be the problem of conviction and punishment to make it clear to ALL future presidents that this country will not tolerate abuses of power by office holders even up to the president. So, once DOJ gets Trump convicted on the documents, the rest of his crimes still need to be prosecuted.

Congress, based on recommendations from the J6 committee, can close the loopholes that Trump took advantage of and pass laws to preserve the checks and balances from abuses by any branch of government.

.

[Crataegus]

40. 2 billion dollars

I 'm hoping that we will find out what Kushner gave to the Saudis to warrant a 2 billion dollar gift. Has jared been poking around in the stash?

[dclarston13]

43. I think MM is correct

Much of the work that NARA does, based past cases is first neutralize the threat, extreme measures were taken to get this info because the threat was clear and present. The slam dunk charge would prevent him from legally running for office again. Also neutralizing the clear and present threat of another DJT presidency. The next steps will probably be damage control and punishment.

The person that packed those boxes really needs to lawyer up, cause you know TFG didn't, it is something a Chief of Staff may be directed to do, and that person would probably delegate the actual work of packing to a subordinate staff member. Interesting and puzzling to me is that a TS/SCI clearance is very specific, so it seems that the documents were obtained prior to their packing by nefarious means. This is a really big deal and think this is just the beginning.

There is no way in my opinion, that cheetolini would know what to pack up. Someone told them what to pack. I think many the details will never make the light of day anytime soon.

[allegorical oracle]

47. You make sense to me. Sounds wussy, but just knowing that he'd never be POTUS again would

satisfy. He could live without his girdle and hairdresser, wear his red hats and play golf until he collapses on one of his courses. And we, hopefully, could get on with all the really important issues that need improvement for the whole planet.