Andrew Napolitano: Why Donald Trump will soon be indicted [View all]

[Dr. Jack]

He’s not usually my “go to” legal analyst but he does sometimes make really good points, and this is one of those times. He does not mince words in this article. He says Trump absolutely will be indicted and that Trump has virtually no defense to fall back on. According to Napolitano, Trump is 100% fucked.

It gives me no joy to write this piece. Even a cursory review of the redacted version of the affidavit submitted in support of the government’s application for a search warrant at the home of former President Donald Trump reveals that he will soon be indicted by a federal grand jury for three crimes: Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it.

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But the Bush-era statute, the one the feds contemplate charging Mr. Trump with having violated, makes it a crime of obstruction by failing to return government property or by sending the FBI on a wild goose chase looking for something that belongs to the government and that you know that you have. This statute does not require the preexistence of a judicial proceeding. It only requires that the defendant has the government’s property, knows that he has it and baselessly resists efforts by the government to get it back.


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What will Mr. Trump say in his defense to taking national defense information? I cannot think of a legally viable one.

https://m.washingtontimes.com/news/2022/aug/31/why-donald-trump-will-soon-be-indicted/