Trump's tipping point
The stolen documents saga ... The attempted coup ... Legal problems piling up for Trump ... 70 million people in America still believe the dangerous fantasies of a disturbed mountebank ... Criminal servitude beckons ... Roger Fitch reports from Washington
"No other president has refused to concede that he lost an election, attempted a coup and incited an insurrection and then stolen hundreds of government secrets on his way out the door. He always says there's never been anyone like him, and it's true." - Salon
"Would he really give, say, Kim Jong-Un the names of undercover intelligence agents operating in South or North Korea, thus guaranteeing their assassination? If it meant fending off an indictment, he would ... they're sitting around at Main Justice asking themselves how many assets' lives they might be risking by indicting Trump." - New Republic
In September, it seemed a tipping point had been reached in the legal pursuit of Donald Trump, with the filing of the NY Attorney General's "monumental" civil enforcement action against Trump, his family, and his corporate organisations.
His accountants Mazars and banker Deutsche Bank have both parted company with their deadbeat client and provided evidence against him; Paris-based Mazars is probably used to official requests for the accounts of crooked politicians.
The man has so many stolen documents that Just Security set up a "Mar-a-Lago Clearinghouse" one can consult.
Even so, just after the elections, Donald Trump announced with astounding chutzpah that he's standing for president again. As Karl Marx observed, historical facts and figures appear twice, first as tragedy and then as farce.
Trump proclaimed his candidacy in the glitzy ballroom of his Florida home, an estate as tasteless and garish as the man himself. Ivanka and Don Junior were missing, but the disgraced ex-president was bucked-up by the puzzling presence of the Western Australian mining billionaire Gina Rinehart.
If he succeeds, it will be only the second time an ex-president has managed a second term.
So far, it's all been downhill.
One investigation in particular - the January 6 insurrection - seems to be moving forward at the Justice Department. Will there be indictments? It seems likely, and for the document heist there's even a model prosecution memo to peruse here.
In addition, the January 6 committee is winding up its investigation and on December 21 will release its final report in which a number of people will be referred to DoJ for criminal prosecution.
Many wonder why US AG Merrick Garland hasn't already indicted the principal offender, Donald John Trump. One explanation may have been the AG's wish to avoid filing charges so close to a congressional election.
In response to Trump's 2024 announcement, AG Garland has appointed a special counsel. Jack Smith, presently Chief Prosecutor of Kosovo war crimes at The Hague, is a man who should be able to find where Trump has buried the bodies, or documents.
The ex-president is still in legal peril for the latter, although DOJ is said to believe he stole government documents to gratify his unbounded ego - a mere narcissistic hoarder - rather than for the more plausible purposes of blackmail, treason or cash.
After pausing to assemble staff, Smith has already begun sending out subpoenas.
After Trump's 2024 candidacy was announced, his situation became more precarious:
• An 11th circuit appeals panel (two of the judges Trump-appointed) unanimously shut down the special master that a Trump-sympathetic federal judge in Florida had ordered, a manoeuvre designed to interfere in the FBI's review of government documents the former president had unlawfully retained.
• In DC, the government's theory of a seditious conspiracy on January 6 was vindicated in a guilty verdict against the Oath Keepers, with implications, perhaps, for Trump himself.
• In Manhattan, the Trump corporate organisations were convicted on all counts of tax fraud, while Trump personally faces far worse in other NY litigation.
• More classified documents have been found in a Florida storage unit used by Trump.
• DOJ has filed a contempt motion (so far unsuccessful) in Washington, seeking penalties for non-compliance with the grand jury's May document subpoena, with implications for indictment and venue.
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If a criminal indictment against Trump is inevitable, where would venue lie?
For the taking and retention of classified and other documents, it could be Florida, his adopted domicile after fleeing his New York legal problems.
Florida would be a logical choice, as it's the state where he freely admits he took government documents that he claims to "own", not just (marketable) classified documents, but also White House pardon records that might implicate laws about bribery, corruption and/or obstruction of justice.
Judging from a similar DOJ prosecution for retained classified documents, now under way, it will be argued that any evidence Trump may offer as to his intent in retaining classified documents (whatever it may have been) should be excluded as irrelevant.
The ongoing case is one where the defendant, like Trump, claims classification was under his control.
After earlier revelations that confirmed no man is a hero to his valet, the stolen document saga continues, with the discovery of the additional documents.
Incredibly, loyalist Republican AGs in 10 states filed an amicus brief in the 11th circuit appeal lost by Trump, alleging bias in the Biden administration's search of Mar-a-Lago.
How successful would the documents charges be in a Florida venue? The state has a generous supply of easily-led MAGA supporters (many elderly) who as jurors might prove unable to exercise independent thought where their Great Leader is concerned.
After the Republican triumph in the state last month, Florida jurors sound even shakier.
Georgia is also a possible venue. Indeed, Special Prosecutor Smith is spoiled for choice. The document case, best brought in Washington, is meanwhile getting stronger daily, as Trump's speeches provide fresh personal scienter.
In any case, there's a smorgasbord of transgressions to choose from: at least 56 crimes could be credibly charged against the lawless ex-president (handy litigation tracker here), not counting fresh offences like this shake-down of investors in Trump's Truth Social Twitter alternative.
There remains Trump's possible disqualification from office (for insurrection) under the 14th amendment but, short of that, there are many ways a career recidivist might weasel out of the law's criminal net.
If Trump gets on the ballot, even under criminal charge, he might win. In theory, he could be elected while under indictment and serve as president behind bars, as the constitutional requirements for the presidency are quite limited and never mention criminal servitude.
As American Prospect commented:
"How in the world did we become a country where 70 million-plus people ever thought that this dangerously evil lunatic should be trusted with the most powerful job in the world, and apparently still do?"
Salon added:
"He is a damaged, destructive narcissist, beyond all help. But the really disturbing question now is why so many people are eager to believe his dangerous fantasies."
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