by Steve Straub at thefederalistpapers.org
Under the Biden administration, the Justice Department is reportedly preparing to amplify its case against former President Donald Trump with a “superseding indictment” which could add between 30 and 45 additional charges.
The move has raised eyebrows among some observers, as it seems to be rooted in concerns that the current judge on the case, Trump-appointee Aileen Cannon, might not deliver a favorable verdict to the DOJ.
The escalated indictment threatens to steer the presidential documents case into a different jurisdiction, potentially involving additional figures linked to Trump.
Such a tactic, while legally permissible, is reminiscent of the shifting jurisdictions and altering charges frequently observed in unstable political climates like banana republics.
Trump, already wrestling with a 37-count federal indictment, faces the majority of the charges related to the willful retainment of military documents under the 1917 Espionage Act.
He insists that his actions were legal under the civil statute of the Presidential Records Act, citing a precedent established during the tenure of former President Bill Clinton.
Are the charges against Trump politically motivated?Yes No
That case was presided over by Judge Amy Berman Jackson, an appointee of President Barack Obama, and a figure who has delivered a series of unfavorable rulings to Trump-affiliated officials.
With a Trump-appointed judge now randomly selected for the case, the DOJ’s push for an expanded indictment appears to be an effort to bypass a potentially unfavorable ruling, a strategy resembling the flexible legal maneuvering of banana republics.
Even Trump’s attorneys, including Rudy Giuliani, who defended Trump during the 2020 presidential election challenge, are now under scrutiny.
Giuliani, during Trump’s tenure, had unmasked corruption allegations tied to Ukraine’s Burisma and Joe Biden.
Now, as the Biden DOJ faces criticism for allegedly slowing down investigations into the Bidens, the tables might turn, with Giuliani himself potentially facing charges.
Giuliani recently underwent a voluntary interview with investigators, under the oversight of special counsel Jack Smith.
Sources suggest Smith’s team is strongly considering indicting Giuliani, a move that, when coupled with the potential superseding indictment against Trump, strengthens the impression of a politically motivated witch hunt.
Amid this legal turmoil, Trump and his allies are pushing back, insisting that the charges are part of a partisan scheme to discredit his administration.
The former president has vehemently described the ongoing legal proceedings as a witch hunt.read more