Sometimes, it is easy to predict some things. For example, it is always easy to predict that the weather will be warmer in June rather than in February, unless you live in San Francisco or the Southern Hemisphere. But other times we are confronted with “so-called” experts who are predicting outcomes with solemnity and extreme confidence. The problem is that there are often other “so-called” experts predicting the exact opposite. We saw this played out on center stage with COVID 19. The experts, worshiped by the liberal left and the MSM were wrong. They were wrong about almost everything. The “so-called” experts who disagreed were either ignored or silenced, but that did not make them wrong. Many of their predictions were startlingly accurate.
This sad reality must be taken into consideration when evaluating the recent indictment of Donald Trump by a Grand Jury at the request of Jack Smith. If you watch the MSM or listen to the “experts” then Trump is in serious legal jeopardy and could spend the rest of his life in prison. But other experts, ignored or silenced, are warning that the walls may not exactly be closing in on Donald Trump this time either. So, I read the indictment, the legal arguments and legal precedent. Court precedent is most important, because it is rare for a court to rule against precedent. It does happen but it is rare.
It is important to remember that the Special Prosecutor has an earned reputation for abuse of prosecutorial power. Specifically, regarding instructions given to a grand jury and later a jury. He managed to convict Bob McDonnell, former governor of Virginia, of bribery. That verdict was overturned by the Supreme Court in a unanimous decision because of prosecutorial misconduct. Jack Smith told both the grand jury and the trial jury that the actions taken by Bob McDonnell constituted an official act. The Supreme Court determined that his over-broad definition of an official act would make almost any act by a sitting Governor to be an official act. Choosing Jack Smith to be the Special Prosecutor may be the ultimate unforced error.
In this case, the Presidential Records Act is in play. Here is a copy of that act:
Presidential Records Act (PRA) of 1978 | National Archives
- Places the responsibility for the custody and management of incumbent Presidential records with the President.
- Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.
- Allows the incumbent President to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once the views of the Archivist of the United States on the proposed disposal have been obtained in writing.
- Establishes in law that any incumbent Presidential records (whether textual or electronic) held on courtesy storage by the Archivist remain in the exclusive legal custody of the President and that any request or order for access to such records must be made to the President, not NARA.
Bill Clinton was caught hiding personal recordings. The court ruled, without regard to whether this was fair, that the President had the sole authority to manage this process. This was called the Clinton Socks cases. You can look it up yourself. Several of the so-called experts are claiming this previous case is irrelevant. But these same experts think that anything done by Donald Trump is different, whether regarding classified documents or anything else. In their minds, Trump is always guilty and people like Bill Clinton, Hillary Clinton, Barack Obama and Joe Biden are innocent as doves. That, like many of their opinions, doesn’t make much sense.
I would not be surprised to see the case against Donald Trump dismissed by a court for several reasons. In addition to the Presidential Records Act, there is a serious question as to whether the search warrant(s) were even legal. Why was the FBI authorized to monitor a private conversation between Donald Trump and a donor? Remember, Democrats impeached Donald Trump for daring to suggest President Zelensky to investigate possible fraud in Ukraine. Trump was right, there was evidence of fraud. But Democrats chose to impeach Trump, for daring to ask the question, while ignoring the evidence implicating Joe Biden. If a court were to find that the FBI raid on Mar-a-logo was not justified, or that the wiretapping of Donald Trump was improper, all the evidence resulting from that raid and those voice recordings would be inadmissible.
If you listen to the MSM, you might assume that Trump is guilty of treason. They want him to be convicted and sentenced to die in prison. Their hatred of him literally leaps off the screen. But hatred does not trump reasoned thought. It is not a substitute for legal process.
The real goal of these indictments is to eliminate Donald Trump as a candidate for President. In the minds of the Democratic party, Kool Aid drinking liberals and the MSM this is inevitable. But ironically the backlash may do the exact opposite. It may make him impossible to defeat. Sometimes the greatest gift of all is having an incompetent opponent.
Somethings are certain. Joe Biden is going to come under far more serious legal scrutiny than anything dreamed up against Donald Trump. The truth is coming out and more people are starting to understand. That sound you hear next may be the thundering heard, the loud voice of people who are tired of being ignored.
TDM
Right On target Terry. As usual this is very informative. I have several people who I will certainly forward this to.