Essentially, tRump has no [legal] defense, at least none that can hold up in a court of law...he knows that, his legal team know that, and that's why they are playing the delay game, trying to push as many of his impending trials out past November, 2024, with the all-embracing "defense" of winning the election after a near-certain nomination, thence a dismissal of all federal charges by a compliant DOJ AG. That's it, that's his "defense" plan, no "state of mind", no "advice of counsel", no "free speech", just win the presidency and shit-can the pending cases. State charges matter if they result in criminal convictions and prison sentences, but there again, the appeals process can drag the ultimate dispositions out a few more years, and then where are we? The fight for justice is both inside and outside Fort Pierce and DC courtrooms, let's be clear on that point...if nominated, tRump MUST be defeated, full stop.
tRump doesn't need a 'legal defense." What he needs is 5 Supreme Court justices willing to ignore their mandate and oaths in order to protect him. And....VOILA....he has those 5, plus one to spare!
I’m not so sure. Now that Trump (McConnell) has engineered their lifetime appts there is really nothing else he can do for them (or against them). They have not seemed inclined (except for Uncle Thomas) to accept any of his crazy-ass suits up until this point and I don’t think they are interested in stepping up for him now.
IMNSHFO, SCOTUS would really, really, like for Trump to just go away, particularly the ones who he had installed on the bench. If he is re-elected their docket is going to be “all Trump, all the time”.
Besides they have enough challenges trying to deal with their own lying, scheming, and corruption.
IF nominated? There's not a single person who has a prayer to beat him. He's also favored to win the General election.... I'm confused about why anybody who lived through Trump's 4 years followed by Biden's 4, would be so adamant that Trump "MUST be defeated"- Everybody's 401K did better, we had no new wars, and the entire World was a MUCH safer place...
This is an outstanding synopsis of this part of the legal system and how it works. Thank you, sir, for once again giving us clear and concise information.
"A final condition for the advice of counsel defense is that it had to have been reasonable to rely on your lawyers’ advice. This includes a prohibition on “shopping” around for a lawyer until you finally get someone who tells you what you want to hear." THIS is what trump does with everything, including foreign policy and top secret information. He also did it when he was buying property in NYC. He would buy a piece of property and then shop around to get someone to agree that he could use it for HIS intended purposes, thereby, skirting the zoning laws. He's a con artist to his very core.
Probably include the "Pats - Cipollone and Philbin, who as much as possible conducted themselves ethically as tRump's WH Counsel and Deputy...they also have the receipts.
Let's not forget - at his arraignment , Trump was advised by the judge that he was released on the condition he committed no further crimes. Considering Trump's pathological inability to keep his trap shut and avoid doing dumb things, I don't see how that is possible, unless his own lawyers tape his mouth shut, tie him up and stash him in the basement at Mar A Lago until the trial.
Ahhh, but he needs to CAMPAIGN – you know, for more money – so he needs to be allowed to run free and wild and crazy and stupid and self-incriminating.
I think checkers is more appropriate. Whereas Smith has so many different pieces that can move in separate ways, but Trump’s single checker has only two spaces it can move to. Trump may think that he’s in the lead being so far towards the middle, but his plan will just crash and burn.
This reminds me of how tRump said, "why didn't they charge me 2 and a half years ago?" He didn't deny he did anything wrong, just that it was so long ago.
The "rule of law" requires evidence and the cooperation of the community to gather that evidence. It takes more time than we'd like. But just because someone was charged quickly doesn't mean justice was served regardless of the outcome of the case.
Herschmann says in video of his testimony to the Jan. 6 committee. “And I said to Eastman, are you out of your f’ing mind? Right? I said I only want to hear two words coming out of your mouth from now on, ‘orderly transition.’”
Herschmann said he asked Eastman to repeat the two words, later adding: “Now I’m going to give you the best free legal advice you’re ever getting in your life: Get a great f’ing criminal defense lawyer. You’re gonna need it.”
Trump isn't really even preparing a courtroom defense- he is producing blather for the court of MAGA public opinion. He is still operating under the wilting premise that an election will predate any trial and that his peeps will elect or re-coup him into office, thereby negating his bother with any court.
Sure, It's Trumpy absurdity, but that is his superpower- deformative, disrespectful, wantonly vile absurdity, which he peddles like an amped up hotdog vendor at Yankee Stadium.
Trump is the king of 'shoppers,' always first and foremost looking for who will tell him what he wants to hear (and not only in regard to lawyers; remember the revolving door of his cabinet?). He did it before he was President and is still doing it. Narcissists never accept anyone else as knowing more than they do. In his mind he's always right. It'll be entertaining and very satisfying to watch him get bulldozed by Smith. Trump can't begin to understand what's about to hit him and I would imagine that's why he's been through so many lawyers - any worth their salt can't tell him what he wants to hear. They must be pulling out their hair by now. I imagine that alone may delay the trial because how many will quit before it gets that far?
As much as I appreciate the legal implications (the past few years have been a law school crash course), I think it is pretty clear that the trial will not occur before the next election. At that point, all bets are off unless Trump fails to win. There are simply too many ways to delay the proceedings. That leaves only ONE alternative. The dems MUST win the next election. Don’t get hopes up that the courts will take care of the problem.
I would not say it is “pretty clear.” I think the chances are less than 50%. With this judge, I could see her pressing for a February trial date, which might then get pushed. That said, even a conviction doesn’t stop him from being nominated and running, so the ultimately solution must be political not a legal one.
Thinking some more about this, I realize how many times I’ve gotten my hopes up that he will be held accountable. After so many tries and all the ways he has slipped through the net, I can barely handle the disappointment should this happen again. I’ve tried to prepare myself, to understand how our legal process might inadvertently help him delay yet again. I need to steel myself for the way our justice system (good, but imperfect) might extend the trial since we must legally entertain each motion, appeal, etc. Ultimately, his re-election would be the final nail in the democratic coffin. So the election is our best and only hope.
As it should be. The citizens of this country have the absolute right to choose what they want their form of government to be: Democracy, or Dictatorship. Laying the burden of this decision on Jack Smith is a cop-out.
We're not laying any burden on him. We are championing him! He is our voice. He represents us as he is our government in action. It is the "rule of law" that must prevail at this point in our history. The election is extremely important. Especially if this case is pushed out or the case in Georgia is dropped. Georgia is our ace in the hole. A president may get his self-pardon past the Supreme Court he bought, but he can't pardon himself for a violation of state law. Unfortunately, we have to depend on the Governor of Georgia not to pardon him. The facts of the Georgia case and his opposition to Trump at the time of the election may weigh in our favor. Michigan is standing behind Georgia. Arizona is behind Michigan. But if we lose the "rule of law", we lose everything. Trump must be held accountable.
That we are championing him goes without saying. He knows it. He knows what is at stake here, perhaps better than any of us. If this isn't a burden, I don't know what would be. Even if Jack Smith wins and he is convicted, Trump could still be elected and serve. Mr. Smith needs to know that we will back him up with our votes to make absolutely sure this cannot happen. What a tragedy it would be for him to put his everything in on this trial, only to have the citizens of this country make everything he did pointless.
I must have learned a lot about the law by following your writings because I had already thought about some of these issues before I read this. It would be really interesting to serve as a juror on this case....or be a fly on the wall! Thanks again for your insightful information - greatly appreciated!
There's already a serious effort under way to assure that there will be live cameras in the courtroom ... so we can all be flies on the wall and watch the walls squeeze in around the guilty parties. It will be a great party! We'll all be able to celebrate the saving of OUR Democracy and OUR COUNTRY.
As usual, a brilliant synopsis and so very necessary to cut through the rest of the noise. I have a question though: do Trump and his lawyers *have to* state what kind of defense they're going to mount against these charges ahead of time? I feel like this is all for the media and then when it comes to his day in court they'll do something different. Maybe I've watched too many movies...
Brilliant article! Thank you for the clarity and another view into the brilliance of Jack Smith and his team. This reinforces my hope for justice to be served to Trump.
Excellent, again. Thank you for putting all of this into easily understood, bite sized pieces. As far as the qualifications to be considered someone's lawyer, has trump ever actually paid any of his lawyers, ever? Good lord, what a time to be alive.
Essentially, tRump has no [legal] defense, at least none that can hold up in a court of law...he knows that, his legal team know that, and that's why they are playing the delay game, trying to push as many of his impending trials out past November, 2024, with the all-embracing "defense" of winning the election after a near-certain nomination, thence a dismissal of all federal charges by a compliant DOJ AG. That's it, that's his "defense" plan, no "state of mind", no "advice of counsel", no "free speech", just win the presidency and shit-can the pending cases. State charges matter if they result in criminal convictions and prison sentences, but there again, the appeals process can drag the ultimate dispositions out a few more years, and then where are we? The fight for justice is both inside and outside Fort Pierce and DC courtrooms, let's be clear on that point...if nominated, tRump MUST be defeated, full stop.
tRump doesn't need a 'legal defense." What he needs is 5 Supreme Court justices willing to ignore their mandate and oaths in order to protect him. And....VOILA....he has those 5, plus one to spare!
I’m not so sure. Now that Trump (McConnell) has engineered their lifetime appts there is really nothing else he can do for them (or against them). They have not seemed inclined (except for Uncle Thomas) to accept any of his crazy-ass suits up until this point and I don’t think they are interested in stepping up for him now.
IMNSHFO, SCOTUS would really, really, like for Trump to just go away, particularly the ones who he had installed on the bench. If he is re-elected their docket is going to be “all Trump, all the time”.
Besides they have enough challenges trying to deal with their own lying, scheming, and corruption.
IF nominated? There's not a single person who has a prayer to beat him. He's also favored to win the General election.... I'm confused about why anybody who lived through Trump's 4 years followed by Biden's 4, would be so adamant that Trump "MUST be defeated"- Everybody's 401K did better, we had no new wars, and the entire World was a MUCH safer place...
This is an outstanding synopsis of this part of the legal system and how it works. Thank you, sir, for once again giving us clear and concise information.
Like Ellen said!!!
"A final condition for the advice of counsel defense is that it had to have been reasonable to rely on your lawyers’ advice. This includes a prohibition on “shopping” around for a lawyer until you finally get someone who tells you what you want to hear." THIS is what trump does with everything, including foreign policy and top secret information. He also did it when he was buying property in NYC. He would buy a piece of property and then shop around to get someone to agree that he could use it for HIS intended purposes, thereby, skirting the zoning laws. He's a con artist to his very core.
His own AG has said that Trump kept pressing until he found lawyers who would go along. Barr is going to be a key witness I think, weird as that is.
Probably include the "Pats - Cipollone and Philbin, who as much as possible conducted themselves ethically as tRump's WH Counsel and Deputy...they also have the receipts.
Yes. IMHO He “hires” and then doesn’t pay attorneys who are marginal at best for this reason.
He can blame them, use them, discard them, etc. And then drag out everything.
Himself the useful idiot who has handlers lest we forget.
Let's not forget - at his arraignment , Trump was advised by the judge that he was released on the condition he committed no further crimes. Considering Trump's pathological inability to keep his trap shut and avoid doing dumb things, I don't see how that is possible, unless his own lawyers tape his mouth shut, tie him up and stash him in the basement at Mar A Lago until the trial.
Ahhh, but he needs to CAMPAIGN – you know, for more money – so he needs to be allowed to run free and wild and crazy and stupid and self-incriminating.
I love the idea of Jack Smith playing chess. Or maybe a cat playing with a mouse?
I like that the picture has Trump using a single checker. Says a lot about his intelligence.
I don't think that's a checker. It's a mini Oreo, and Trump is going to eat it. (To be fair, he probably would eat the checkers too.)
Why there is just one left
I think that picture is inaccurate. Trump isn't playing checkers to Smith's chess. He's playing Go Fish.
I think checkers is more appropriate. Whereas Smith has so many different pieces that can move in separate ways, but Trump’s single checker has only two spaces it can move to. Trump may think that he’s in the lead being so far towards the middle, but his plan will just crash and burn.
Also, there should not be an American flag on trump's side. He's no American.
Already put that artwork as a screen-saver on my laptop!
It’s my Facebook banner. 😉
The "chess match" is to me beautifully-done artwork.
More like a rat.
I loved that picture of him in his robes with the purple shawl for the international court. He's perfect as a hero! He looked invincible.
Great column. I laughed out loud at “Trump may have to be reminded of the linear nature of the passage of time.”
This reminds me of how tRump said, "why didn't they charge me 2 and a half years ago?" He didn't deny he did anything wrong, just that it was so long ago.
The "rule of law" requires evidence and the cooperation of the community to gather that evidence. It takes more time than we'd like. But just because someone was charged quickly doesn't mean justice was served regardless of the outcome of the case.
Herschmann says in video of his testimony to the Jan. 6 committee. “And I said to Eastman, are you out of your f’ing mind? Right? I said I only want to hear two words coming out of your mouth from now on, ‘orderly transition.’”
Herschmann said he asked Eastman to repeat the two words, later adding: “Now I’m going to give you the best free legal advice you’re ever getting in your life: Get a great f’ing criminal defense lawyer. You’re gonna need it.”
¯\_(ツ)_/¯
Trump isn't really even preparing a courtroom defense- he is producing blather for the court of MAGA public opinion. He is still operating under the wilting premise that an election will predate any trial and that his peeps will elect or re-coup him into office, thereby negating his bother with any court.
Sure, It's Trumpy absurdity, but that is his superpower- deformative, disrespectful, wantonly vile absurdity, which he peddles like an amped up hotdog vendor at Yankee Stadium.
That was well said! 👍🏻
TY
Trump is the king of 'shoppers,' always first and foremost looking for who will tell him what he wants to hear (and not only in regard to lawyers; remember the revolving door of his cabinet?). He did it before he was President and is still doing it. Narcissists never accept anyone else as knowing more than they do. In his mind he's always right. It'll be entertaining and very satisfying to watch him get bulldozed by Smith. Trump can't begin to understand what's about to hit him and I would imagine that's why he's been through so many lawyers - any worth their salt can't tell him what he wants to hear. They must be pulling out their hair by now. I imagine that alone may delay the trial because how many will quit before it gets that far?
My fear is that he won't live long enough for us to see that. His age, his physical condition and the stress of all the lawsuits.... well.....
One lives in eternal hope.
As much as I appreciate the legal implications (the past few years have been a law school crash course), I think it is pretty clear that the trial will not occur before the next election. At that point, all bets are off unless Trump fails to win. There are simply too many ways to delay the proceedings. That leaves only ONE alternative. The dems MUST win the next election. Don’t get hopes up that the courts will take care of the problem.
I would not say it is “pretty clear.” I think the chances are less than 50%. With this judge, I could see her pressing for a February trial date, which might then get pushed. That said, even a conviction doesn’t stop him from being nominated and running, so the ultimately solution must be political not a legal one.
Thinking some more about this, I realize how many times I’ve gotten my hopes up that he will be held accountable. After so many tries and all the ways he has slipped through the net, I can barely handle the disappointment should this happen again. I’ve tried to prepare myself, to understand how our legal process might inadvertently help him delay yet again. I need to steel myself for the way our justice system (good, but imperfect) might extend the trial since we must legally entertain each motion, appeal, etc. Ultimately, his re-election would be the final nail in the democratic coffin. So the election is our best and only hope.
Those frivolous motions to dismiss should be given no more than an eight hour scrutiny.
Golly—I sure hope you are right. I do think this judge may try to get it done. Fingers crossed.
As it should be. The citizens of this country have the absolute right to choose what they want their form of government to be: Democracy, or Dictatorship. Laying the burden of this decision on Jack Smith is a cop-out.
We're not laying any burden on him. We are championing him! He is our voice. He represents us as he is our government in action. It is the "rule of law" that must prevail at this point in our history. The election is extremely important. Especially if this case is pushed out or the case in Georgia is dropped. Georgia is our ace in the hole. A president may get his self-pardon past the Supreme Court he bought, but he can't pardon himself for a violation of state law. Unfortunately, we have to depend on the Governor of Georgia not to pardon him. The facts of the Georgia case and his opposition to Trump at the time of the election may weigh in our favor. Michigan is standing behind Georgia. Arizona is behind Michigan. But if we lose the "rule of law", we lose everything. Trump must be held accountable.
That we are championing him goes without saying. He knows it. He knows what is at stake here, perhaps better than any of us. If this isn't a burden, I don't know what would be. Even if Jack Smith wins and he is convicted, Trump could still be elected and serve. Mr. Smith needs to know that we will back him up with our votes to make absolutely sure this cannot happen. What a tragedy it would be for him to put his everything in on this trial, only to have the citizens of this country make everything he did pointless.
Not pointless even then. He's doing his bit.
I must have learned a lot about the law by following your writings because I had already thought about some of these issues before I read this. It would be really interesting to serve as a juror on this case....or be a fly on the wall! Thanks again for your insightful information - greatly appreciated!
There's already a serious effort under way to assure that there will be live cameras in the courtroom ... so we can all be flies on the wall and watch the walls squeeze in around the guilty parties. It will be a great party! We'll all be able to celebrate the saving of OUR Democracy and OUR COUNTRY.
Wonder if Pence's fly will show up 😈
😂😂😂
As usual, a brilliant synopsis and so very necessary to cut through the rest of the noise. I have a question though: do Trump and his lawyers *have to* state what kind of defense they're going to mount against these charges ahead of time? I feel like this is all for the media and then when it comes to his day in court they'll do something different. Maybe I've watched too many movies...
Generally in a response to a complaint, there is an answer that asserts affirmative defenses. That will likely happen here.
Interesting question! I’d like to hear what Jay and others think. Bait and switch?
Brilliant article! Thank you for the clarity and another view into the brilliance of Jack Smith and his team. This reinforces my hope for justice to be served to Trump.
This. Is. Beautiful.
This is excellent reporting! Well done.
Excellent, again. Thank you for putting all of this into easily understood, bite sized pieces. As far as the qualifications to be considered someone's lawyer, has trump ever actually paid any of his lawyers, ever? Good lord, what a time to be alive.