““I do think that [Attorney General] Merrick Garland did not proceed as fast as he might have,” Tribe said on MSNBC on Tuesday evening.
As a result, the case against Trump over his actions leading up to the Jan. 6 attack on the U.S. Capitol could drag on into the next presidency.
“If the next presidency is held either by Donald Trump or by one of his acolytes or by virtually any Republican, there is the horrible prospect that this will all be wiped away,” Tribe said. “And that it will be relegated to a kind of a historic footnote.””
Yeah, we all know. Garland was one of his students.
By basing charges on Trump’s actions to overturn the election rather than his words on Jan. 6 and his continuing false assertions about the elections, Special Counsel Jack Smith also undermines Trump’s claim that he was merely exercising his First Amendment rights.
Annnd all of trump’s henchmen are crying about free speech this morning.
The indictment skillfully counters this defense by distinguishing between Trump’s legal right to free speech versus his illegal actions.
An advice of counsel defense would also require waiver of the attorney client privilege. Not only would he be putting his communications with counsel at issue, he would essentially be admitting the crime-fraud exception to the privilege should apply. Certainly Judge Chutkan should have no difficulty finding such exception as happened with Eastman.
So, here’s hoping his stupid attorneys try this defense!
I hope they realize that the main guy who is charged is NOT a rational actor plus he’s quite self centered so he will never play along with an prisoner’s dilemma/nash equilibrium situation. Better for them to throw him under the bus because he would never even consider sticking by their side.
Yeah, I was thinking that I’ve seen more snow fall in other places. But I figured that the good people of DC were collectively thinking, “Hell, no. Not gonna drive and risk my car.” It was spooky that everyone did the correct thing and stayed off the roads.
