Legal Experts: Upcoming Criminal Cases Will Provide “Powerful” Evidence Demonstrating Trump’s “Unprecedented” Criminality

Experts from across the political spectrum urged the courts to hold Trump accountable.

A panel of legal experts updated reporters on the status of the four criminal cases against former President Donald Trump in a press briefing today. The experts on the panel were Fred Wertheimer, Barbara McQuade, John Dean, and Amb. Norm Eisen (ret.). They highlighted the historical importance of this week’s rejection of Trump’s immunity claim, as well as the strength of District Attorney Alvin Bragg’s upcoming 2016 election interference case against Trump in New York.

The panel also discussed developments in the other criminal cases facing Trump, including “distracting” allegations against Fulton County DA Fani Willis in Georgia, the 14th Amendment case argued before the Supreme Court yesterday, and the Mar-a-Lago classified documents case as it relates to yesterday’s release of the special counsel report on President Biden’s handling of classified documents.

The legal experts emphasized that the courts – including the Supreme Court, which will act on the presidential immunity issue in the 2020 election interference case – owe it to the American people to see that all the cases proceed on a swift timetable.

The press briefing was hosted by Democracy 21.

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EXCERPTS FROM THE FEBRUARY 9, 2024 BRIEFING

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Fred Wertheimer, Founder and President of Democracy 21Discussing Tuesday’s D.C. District Court of Appeals decision rejecting Trump’s claim of immunity in the federal 2020 election interference/Jan. 6 case that Trump is expected to appeal to the Supreme Court: 

“They [the Supreme Court] can’t get away from responsibility. If they move this case [quickly] so that we have a timely trial, they will provide the American people with essential information going into the election. If they don’t, the Court itself will deny the American people information they are clearly entitled to, and they may also shield Trump from any responsibility [for the 2020 election interference and Jan. 6 Capitol attack].”“The American people are entitled to know whether Trump is a convicted criminal or not before they cast their votes in the November election – where Trump is now considered all but the nominee of the Republican Party.”

Barbara McQuade, U.S Attorney for the Eastern District of Michigan (2010 – 2017). Professor at University of Michigan Law School

Discussing the situation facing Fulton County Georgia DA Fani Willis:

“In terms of her legal qualifications to remain on this case, there is really nothing about this that would cause her to be removed from this case, and I suspect she will not be.”

“In terms of her eligibility, her suitability, to be able to work on this case, there is nothing about these allegations that would require her recusal. There is no issue about the fairness of the trial against Donald Trump or his co defendants. There is no concern about the due process they are receiving.”

John Dean, Counsel to President Nixon (1970 – 1973):

“I have been following the Trump situation … going on my seventh year now. And what I’ve been following is scandal followed by spectacle followed by scandal followed by spectacle. It is unprecedented and the volume of the material does not look like it’s going to subside.”“Donald Trump is a posterboy authoritarian personality. Those who are with him, en masse … are authoritarian personalities. The media needs to understand these personalities and what they’ll do and why they do what they do. They don’t play by the rules. … You can’t change them. They’re gonna do what they’re gonna do, and they are not going to be persuaded by others. They are pretty much on a locked course, so the only way to deal with them is to outvote them, put them back under rocks where they’ve long lived.”

Amb. Norm Eisen (ret.), special counsel to the House Judiciary Committee majority during the first impeachment and trial of President Trump. Special Counsel and “Ethics Czar” during the Obama Administration (2009-2011)

Discussing Manhattan DA Alvin Bragg’s 2016 election interference/hush money case against Trump:

“The evidence against Donald Trump is powerful. Many of the documents, the false documents covering up these election interference hush money payments, have Donald Trump’s signature on them! There is nothing selective or special about the prosecution of Donald Trump. … It’s the bread and butter of Alvin Bragg’s office and prosecutors across New York.”

“Alvin Bragg has charged the effort to cover [the 2016 hush money payments to Stormy Daniels] as 34 felonies. … Make no mistake, they were an effort to interfere with the 2016 election. Donald Trump’s final efforts to dismiss [this case] will be heard on February 15. I fully expect that on that date Judge Juan Merchon … is going to deny those motions [and the trial will be allowed to begin on March 25].”

Eisen and McQuade

Discussing the federal Mar-a-Lago classified documents case, to be heard by Judge Aileen Cannon, and yesterday’s release of the Special Counsel report regarding President Biden’s handling of classified documents: 

Eisen: “Judge Cannon is way over the line and should be removed by the 11th Circuit. … Judge Cannon’s mishandling of the Mar-a-Lago investigation has been one of the most bizarre and unethical patterns that I have ever seen from a federal judge in my more than 30 years of practicing criminal law. The time has come for Jack Smith to cue up the question, ultimately for the 11th Circuit to resolve, of whether her decisions merit her removal under the law of the Circuit. This began when Judge Cannon attempted to interfere with the investigation by DoJ. … The 11th Circuit struck that down. … A very conservative panel reversed her again on her appointment of a special master to review the documents, and now the special counsel has filed a motion for reconsideration. … It enumerates that Judge Canon is acting completely unlawfully. It’s beyond wrong. … It can only be explained by outrageous favoritism toward the President who jammed her through in the very last minute of his administration: Donald Trump.”

McQuade: “[President Biden was] opening his doors [to DOJ investigators], admitting what he had, and sitting down for an interview. In contrast with Donald Trump, who said he’s not giving [the classified documents he took] back to the National Archives, deceived his own lawyers and investigators when they came looking for them, and put accomplices up to obstruct the investigation. Which is what makes these cases so very, very different.”

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