Donald Trump’s Indictment Case has a Looming 2024 End Date

Below is my column in the New York Post on the Trump indictment and why so many citizens have little interest in its content or charges. The reaction of many citizens vividly shows the costs of years of biased and inconsistent decisions involving Democratic and Republican figures. The result is what you now see. The Justice Department has lost the room.

Here is the column:

When Special Counsel Jack Smith walked before cameras on Friday after the release of the Trump 44-page indictment against former President Donald Trump, he started with arguably his most difficult case to make.

He declared “we have one set of laws in this country and they apply to everyone.”

After years of scandal and documented political bias by key Justice officials, the line likely left many skeptical, assuming many were even watching.

The indictment was clearly a pitch to the public that this is a prosecution entirely removed from recent history.

We’re also meant to not think about the fact that the Biden Administration is charging the leading candidate opposing him in the upcoming election.

This indictment has merit, but the Justice Department lost the right to expect trust from the citizens years ago — long before the damning Inspector General’s Report and the recent report of Special Counsel John Durham.

To make matters worse, the same suspects have surfaced to celebrate Trump’s expected demise — and remind the public of the perceived double standard in Washington.

Peter Strzok, the FBI special agent who was fired over his anti-Trump bias in the Russian collusion investigation, cheered the indictment by tweeting a photo of handcuffs with Trump’s image.

Strzok seems to think that it is a good thing for Smith to remind everyone of how he promised his colleague and lover Lisa Page that she did not have to worry about Trump being elected because they had an “insurance policy” to “stop it.”

Hillary Clinton went on social media to hawk her line of merchandize mocking the case against her for storing classified material on her personal server and then destroying tens of thousands of emails sought by the Congress.

She sent out a picture mocking Trump while wearing her “But Her Emails” hat.

With millions of Americans wondering why Trump is being charged but Clinton was given a pass, Clinton decided to do a victory lap.

And hey, why not: James Comey is back.

It was Comey who declined to prosecute Clinton despite finding that she violated federal rules and handled classified material “carelessly.” He then launched a Russian collusion investigation that Durham found lacked minimal support against Trump.

Former President Donald Trump has been indicted by a federal grand jury on charges related to mishandling classified White House documents that were recovered at his Mar-a-Lago estate in Florida.

Trump unlawfully kept hundreds of documents after leaving office — including papers detailing America’s conventional and nuclear weapons programs, potential weak points in US defenses, and plans to respond to a foreign attack, federal prosecutors charged Friday.

The 45th president stored boxes containing the documents throughout his estate, including “a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room,” according to a 49-page indictment filed in Miami federal court Thursday.

The indictment against Trump was unsealed hours after the 76-year-old announced he had been charged by Jack Smith, the special counsel tapped in November to examine Trump’s retention of official documents at Mar-a-Lago.

The indictment is the former commander in chief’s second since leaving office and marks the first time in US history a former president has faced federal charges.

In April, Trump pleaded not guilty to 34 felony counts brought by Manhattan District Attorney Alvin Bragg related to hush money payments made to porn star Stormy Daniels prior to the 2016 election.

Nevertheless, Comey chose this month to declare that, in the 2024 election, “it has to be Joe Biden.”

For critics, that is consistent with his views and actions before he was fired as FBI director.

After Trump was indicted in a raw political prosecution in New York, Comey also went public to declare it a “good day.”

So in the court of public opinion, past history and hypocrisy may mean that few are swayed about whether they back Trump or not. Which leaves the criminal court.

This indictment has some devastating elements, including an audiotape in which Trump tells two visitors about a highly classified attack plan on Iran while admitting that it remained classified.

That tape directly contradicts his past claims of declassification and suggests that Trump was using the document as a type of trophy.

There are also damaging statements from former staff and counsel alleging that Trump actively sought to conceal documents.

Smith is now left in a battle not with Trump but time.

There are a variety of challenges expected from the Trump team, including arguing that the government misused the civil statute of the Presidential Records Act to launch a criminal prosecution.

They are likely to cite a 2012 opinion that Bill Clinton could remove classified tapes with foreign leaders — even if the tapes are designated to be presidential records.

Amy Berman Jackson declared “the [Presidential Records Act] does not confer any mandatory or even discretional authority on the archivist. Under the statute, this responsibility is left solely to the president.”

The Trump team is likely to litigate that and other questions.

While there are good-faith arguments to make in rebuttal, it will take time.

And if enough time passes, the ultimate judgment in the case will be the millions of jurors in the coming election.

Not only can Trump pardon himself, but fellow candidates like Vivek Ramaswamy have also suggested that they will also pardon him.

Smith’s case could end with a stroke of a pen.

It seems for both Comey and Smith, it has to be Biden in 2024.

Jonathan Turley is an attorney and professor at George Washington University Law School.

285 thoughts on “Donald Trump’s Indictment Case has a Looming 2024 End Date”

  1. Biden, Smith, Comey all Irish. And they are going to do what is best for their own kind and to hell with the rest of us.

  2. He {Smith] declared “we have one set of laws in this country and they apply to everyone.”
    ***********************************
    Well, you obviously missed the part Baghdad Jack added under his breath that went: “that we say it applies to.”

  3. The “Espionage Act” was passed in 1917, under Wilson. For decades, the Left condemned it (for good reasons). Now, though, it’s the cat’s meow.

    I wonder why.

  4. “With these outrageous and continuous attacks on Trump, the Democratic Party (and plenty of Republicans) has lost all credibility. When this plan fails, and it will, I am afraid to think what they might try next.”

    – Ron Paul
    _________

    Attribution: Upstate Farmer (below)

  5. Trump will enter Miami court, Tuesday. A song is needed for good digestion. Telstar.

    1. I have absolutely no idea how this relates to Trump and the Miami court, but it’s a great song. It reminds me of the heady days of Sputnik and Yuri Gagarin.

  6. To the specific user who impersonated “UpstateFarmer.” in posting a comment quoting Ron Paul

    I’ve removed your comment. If you continue to impersonate other users you risk having your commenting privilege suspended or revoked.

    1. Darren Smith,

      I posted the Ron Paul quote using “Upstate Farmer” for the sole purpose of assuring that Upstate Farmer received all the credit for presenting the brilliant quote of Ron Paul.

      It would seem that my post had the opposite effect.

      For that, I apologize.

  7. Professor Turley –
    Your article is deficient.
    You should read 44 USC 2205 which guarantees unlimited access to the documents to former President AND his DESIGNATE.
    You should also note the use of the word “shall”.
    You should also note the title of the section: “EXCEPTIONS to RESTRICTED ACCESS.”

    None of the charges brought by Smith can stand when this statute is recognized.

    1. These are not Presidential records. See the exception in 44 U.S. Code § 2201 (2)(B) .

      1. Whose records are they? see also @ the U.S. Constitution

        *again, OLC memos don’t count. .. and don’t get me started on the ‘National Archives’ (where were they when Sen. Biden has been driving around in his classic mint corvette with TS/NOFORN documents stashed in the boot since 1972.)

        1. They’re government records of the agency(ies) that created them.

          1. This is a helpful clarification. In the light of this exception to “presidential records” it seems that a defence based on the PRA for many of the documents at issue here is unlikely to succeed. And that’s in addition to Barr’s point that in no universe could many of these documents be considered “personal records.”

              1. Article II agencies are under control of the President of the United States. The documents would be returned to himself.

                1. The President does not own records created by Article II agencies. They belong to the Executive Branch, not to the individual President.

                  1. And The President is Head of all Executive Branch agencies. With the Plenary power to declare any document declassified.

                    These are not the singular original, they are copies.

                    Play stupid word games. Win stupid prizes…congratulations.

                    1. He’s on tape admitting to having still-classified documents.

                      He stopped being the head of the Executive Branch on 1/20/2021. The documents stay with the Executive.

                      You’re the one playing stupid word games here.

                    2. “He’s on tape admitting to having still-classified documents.”

                      You are on the blog saying loads of things that aren’t true or are deceptive. That type of admission is meaningless.

          2. ..SPLITTING HAIRS, ‘Anonymous…’ .. William A .Cohn is right. the Docs become Presidential Papers once they are in possession of the President/President leaving Office..just ask Carter, Clinton, Bush, Obama, et al. IF the GSA packed the Boxes (which they did) and sent them to the President’s place of disposition, then they packed ‘Presidential Papers….’

            1. No, they do not. The belong to the government.

              I suggest you read 44 U.S. Code § 2201 (2)(B) .

  8. Turley’s assignments for today are 1. to feed into and try to validate the Republican “Trump victimization” trope; 2. feed into and try to validate the Republican “weaponization” trope; 3 to attack the DOJ; 4. to accuse Biden of being behind the charges because Trump announced his candidacy*, when there’s absolutely no evidence that he was anything other than hands off the DOJ. In fact, Merrick Garland was hands off, too–he turned it over to Jack Smith, a well-respected prosecutor. He is above reproach–he prosecuted John Edwards, who had been a Democratic candidate for POTUS.

    Turley tries to pretend that Americans are ignoring this, and claims “The reaction of many citizens vividly shows the costs of years of biased and inconsistent decisions involving Democratic and Republican figures. The result is what you now see.” Turley, of course, cannot point to any “biased” or “inconsistent decisions” involving Democrats, other than the spin from alt-right media, so another of his assignments is to try to breathe credibility over the alt-right theme of unfair prosecutions of Republicans but not Democrats. There’s no inconsistency involving Hillary Clinton’s email server and Trump’s deliberate theft of classified documents, his consistent refusal to return them, his lying about having returned them, his reckless handling and storage of them, his lying about them being “declassified” (which he admits on tape he knows isn’t true), and sharing them with people not entitled to view them or be apprised of their contents. And, it isn’t about Biden or Pence having documents marked “classified” after they left office either–it’s RETAINING the documents and all the other behavior after the NARA demanded their return. Neither Hillary, Biden nor Pence did any of these things, and when problem was brought to their attention– they immediately cooperated. So, there’s no merit to the alt-right harping and “whataboutism”. But, it makes an attractive argument to the gullible disciples–just look at some of the postings on this blog. Turley says that the DOJ and FBI treat Republicans and Democrats differently–so it must be true. Turley–is that what you want for your legacy? To feed into this outrageous nonsense for someone as unworthy as Donald J. Trump?

    And, contrary to Turley’s claim that Americans don’t care the following are the results of an ABC, Ipsos poll: “Washington DC, June 11, 2023 — In the days immediately following a federal indictment against Donald Trump related to his handling of classified documents, a new ABC News/Ipsos poll finds that three in five Americans view these charges as serious. This represents a shift from the perceived level of severity in April, where about half viewed Trump’s indictment in New York as serious. This is due to shifting opinions from Democrats, Republicans, and independents alike – though the biggest movement has been among Republicans. The public remains more split on whether Trump should suspend his presidential campaign and if he should be charged with a crime. Though, on both items, more believe he should suspend his presidential campaign and be charged than think he should not.” He even shared information about Korea’s nuclear capabilities with, of all people, Kid Rock. Trump is a show-off, and he is dangerously incompetent when it comes to handling classified information. Everything in his pathetic existence revolves around feeding that massive ego. He would absolutely NOT be above selling or negotiating the contents of classified materials for money or something of value to him.

    No reasonable person could view the allegations contained in the indictment, view the photos and citations to evidence, and conclude anything other than if these facts are proven, Trump has to go–he cannot ever be president. Even Turley cannot argue to the contrary, but he is paid to throw dirt and create doubt about the indictment, so he does so, by making vague claims about “biased” and “inconsistent” decisions vis-a-vis Republicans and Democrats and trying to claim that Americans don’t care about this most-recent indictment and it’s all the fault of the DOJ and FBI. .There’s really no way to attack the facts on their merits, so Turley and others in alt-right universe attack everyone else–Biden, the DOJ, the FBI, and mainstream media. But, this matter isn’t over paying off an adult actress–it’s about stealing classified documents–some of which are our most-sensitive–refusing to return them, despite multiple requests and a subpoena, lying about returning them, reckless storage and handling and sharing the contents with persons who have no business receiving this information.

    One other thing: alt-right groups have referenced starting violence over this on social media. Trump has not called for them to stand down, and he won’t–it’s that ego, after all.

    *Dr. Mary Trump said at the time Donald announced his candidacy, it was to foster the argument that if he got indicted on any one of several potential criminal matters, it was for political purposes. Trump has had very competent lawyers. I have no doubt they’ve explained to him the trouble he’d be in for refusing to return the documents. But, in the end, that ego always wins out–no one tells The Donald what he has to do.

    1. The point of a criminal prosecution is supposed to be to adjudicate crimes and mete out punishments, not to determine who is and who is not eligible to run for high office.

      The fact that you conflate these two things and direct all of your attention to the consequences for the Presidential election tells us all we need to know about you and your opinions.

      * Has “Mary Trump” ever confirmed the number of times that she has been in the personal presence of Dr. President Donald John Trump and that they number more than five? How many occurred while “Mary Trump” was a child?

      1. Alec: there’s nothing in the indictment that relates to who is or is not eligible to run for high office, but it should be obvious to anyone that a regular citizen (which is what Trump became at noon on Jan 20, 2021) who steals classified documents after being told they aren’t his property, refuses to return them, lies about returning all of them, brags about having sensitive information and who shares nuclear capability information with a nobody like Kid Rock, has no business being in high office.

        Dr. Mary Trump is the daughter of Donald’s older brother, and grew up knowing him, his parents and the entire family. Read her book for more information. She is a clinical psychologist.

    2. NUTCHACHACHA,

      What were your assignments today, tasked during the pre-deployment meeting at the communist (liberal, progressive, socialist, democrat, RINO, AINO) party headquarters?

  9. The indictment didn’t mention the Presidential Records Act for a reason. These are not Presidential records. 44 U.S. Code § 2201 (2)(b) clearly states “The term “Presidential records” … does NOT include any documentary materials that are (i) official records of an agency (as defined in section 552(e) [1] of title 5, United States Code)…” These documents are all official agency records.

  10. DOJ needs a fall guy for this fiasco. Smith is the one who will take the fall,

  11. “…LEVYING WAR AGAINST THEM, OR IN ADHERING TO THEIR ENEMIES, GIVING THEM AID AND COMFORT…”
    _______________________________________________________________________________________________

    President Trump enjoyed the POWER of the executive branch, including the POWER of archiving, absolutely.

    The legislative branch enjoys no legal basis to usurp the power of the executive branch in any facet or aspect, or to any degree.

    No legislation that usurps any power of the executive branch is constitutional.

    If Biden and Garland can prove that President Trump engaged in “…levying War against them, or in adhering to their Enemies, giving them Aid and Comfort…” they should charge him with treason and prove it.

  12. The question of judicial review for classifying materials as personal or presidential records under the Presidential Records Act (PRA) is still open and unresolved..

    1. Just some guy
      The question is separation of powers.
      Which branch has the power?

      1. Unless Congress overrides a veto, legislation only becomes law because both the legislative and executive branches have approved it. It’s not a matter of separation of powers.

        44 U.S. Code § 2201 (2)(b) makes clear that these are not Presidential records.

        1. Just because a law is enacted, and followed for years, does not make it constitutional.

          Documents passing through the White House, would be in possession of the President.
          At that point the President will determine if it is a personal record, or a Presidential record.

          Separation of powers asks. Which branch has the constitutional power to challenge the President?

          1. Nor does your say-so make it unconstitutional.

            If Trump wants to challenge the constitutionality of that law, he can raise it in court. But unless it’s struck down, it’s the law.

            Simply passing through the WH does not make it a Presidential record under the PRA.

            1. You are stuck. You cant name that person, officer, or entity, that has the constitutional power to challenge the President.

                1. You are spinning so hard, you’ll turn into butter.

                  President Trump, at the appropriate time will make the claim all the documents were declassified by the action of leaving the White House.

                  Which person, officer, or entity, that has the constitutional power to challenge ex President Trumps statement? .

    2. IFIFY

      The Supreme Court must have immediately exercised its power of Judicial Review when the PRA was passed, unconstitutionally usurping the power of the executive branch and providing it to the legislative branch.

      The gross and egregious fraud and corruption of the Supreme Court of 1973 persisted until the Supreme Court of 2022 acted retroactively by 50 years to correct it regarding abortion.

      The Supreme Court must have exercised its power of Judicial Review to allow, not prohibited, but fully constitutional secession in 1860, precluding a national “civil war” which was actually an unconstitutional war of aggression against a sovereign, foreign nation, and the improper, unconstitutional and fraudulent ratification of not one, but three anti-American amendments, understanding that reprehensible slavery must have been abrogated through legal means.

      The singular American failure has been and remains the judicial branch, with emphasis on the Supreme Court.
      ________________________________________________________________________________________

      THE POWER – UTTERLY, CATEGORICALLY AND EXCLUSIVELY
      ______________________________________________________

      Article II, Section 1

      The executive Power shall be vested in a President of the United States of America.
      ___________________________________________________________________

      The President alone wields the executive branch power of classification, declassification and archiving of materials.

      The legislative branch has no legal basis to usurp any aspect, facet or degree of the power of the executive branch.

      No legislation usurping the power of the executive branch is constitutional.

      No legislation usurping the power of the executive branch to classify, declassify and archive material is constitutional.

      Archiving occurs in perpetuity after the President with the power designates a modality, for example, “I will keep my materials next to my Corvette in my garage.”

      Joe Biden and Merrick Garland may charge and prove that President Trump engaged in “…levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

  13. What a sad state of affairs this great country has fallen into. The Trump delusions of guilt have swept the Democrats’ to the left side of insanity. There is no fidelity or honor left for them, and law’s need not apply equally to fulfill their absurd dreams.

    Quoting Lyndon Johnson: “I don’t want loyalty, I want LOYALTY. I want him to kiss my ass in Macy’s window at high noon and tell me it smells like roses. I want his pecker in my pocket.”

    1. I want his pecker in my pocket

      So LBJ was both a racist and a friend of Dorothy. Didnt see that coming.

      Happy Pride to you as well

      🏳️‍🌈🏳️‍🌈🏳️‍🌈

  14. All this article needs is Ennio Morricone music with Tuco’s (Donald Trump) final insult to Blondie

    😉

  15. In a statement addressing the current situation, Ferriero said, “NARA pursues the return of records whenever we learn that records have been improperly removed or have not been appropriately transferred to official accounts.”

    1. The category error here is to think that Comey’s activities with regard to Clinton were his interference against her interests, when it is fairly apparent that Comey maneuvered the FBI to whitewash her crimes and protect her from embarrassment and the exposure of disqualifying materials on the subject servers. While the government documents on her servers were sought by Congressional subpoena, the FBI arrogated to itself the authority to oversee the destruction of the supposedly non-government, personal, “yoga and wedding planning” emails. It’s obvious that the inner circle of the FBI under Comey’s direction and leadership obstructed justice by giving Clinton the go-ahead to destroy those files – do you really believe the only files that were destroyed were the yoga and wedding emails? Anything embarrassing, politically harmful to Clinton, or criminal was bleach-bitted into non-existence under the direction and oversight of the FBI. The FBI, having usurped the power of Congress, would provide Clinton with a bill of good health stating that all of the government materials were preserved and only yoga and wedding emails were destroyed.

      Two things occurred which forced Comey’s hand, however. There were grumblings out of the SDNY FBI field office of the special treatment that Clinton and her associates received from DC, and likely veiled threats from the field office of leaks from that office regarding same. The other was a local journalist’s chance notice of a meeting between then-Attorney General Lynch and President Clinton in which the latter boarded Lynch’s plane because “they were on the same tarmac” in Phoenix in a flight of serendipity while Hillary Clinton was under investigation by the DOJ. (N.B. the reporter who broke that story, Christopher Sign, “committed suicide”). The official story is that they discussed their respective grandchildren or some other nonsense insulting to anyone with an IQ over 80. Comey thought that Trump had no chance of winning, and that he could buy some cheap grace by announcing that no charges would be brought because HRC didn’t mean to do what she clearly meant to do. He simply miscalculated the politics, thinking that he could protect the reputation of a corrupt FBI leadership and DOJ by calling Hillary Clinton “reckless” but not a criminal by a “reasonable prosecutor” standard that he made up ad hoc. She would win handily anyway, he thought. Obviously, things did not go that way.

      When Comey realizes that he may have had a hand in the election outcome, the world-class bumbler decides that the best way to correct his error is to line the FBI up to sabotage the new Presidential administration in coordination with the losing candidate on the basis of a ridiculous story about a decades long U.S. celebrity personality being a life long Soviet cum Russian intelligence asset. Recall Comey frivolously bragging about coordinating the FBI to set up NSA Director-designee General Michael Flynn on the pretext that the FBI was assisting the new administration during the transition for security purposes while laying process crime traps for the new administration. Which future Republican Presidential Administration in its right mind would ever allow the FBI to provide security reviews and consulting with its staff? The ruling class that the U.S. has been saddled with are really some of the worst people on Earth and the most malign, undisciplined, and incompetent ever to wield power – they compare disfavourably to inbred European Monarchs, insane Roman Emperors driven mad by lead poisoning, and Aztec human sacrifice enthusiasts.

      1. Alec Leamas,
        That was a great assessment.
        I really liked you end comparisons.

      2. One point, I don’t think the Romans were driven mad by lead poisoning. I think the interior of the pipes became coated and relatively little lead came through for consumption. It is not as dangerous as many think.

  16. Trump 2024!! All these false accusations over the last 6+ years are sickening. Election fraud, FBI AND DOJ corruption, and Biden Family crime and perversion antics. Hopefully all these left liberals will go down in flames come 2024. Jan 6 was a protest not an insurrection. The 2020 election was stolen. The DOJ has been creating smoke screens to keep the American people distracted from the true crimes going on in the DC swamp. More power to the conservative right! I pray To our one Creator and Sovereign God that True justice triumphs. God bless Trump!

  17. THE POWER – UTTERLY, CATEGORICALLY AND EXCLUSIVELY
    ______________________________________________________

    Article II, Section 1

    The executive Power shall be vested in a President of the United States of America.
    ___________________________________________________________________

    The President alone wields the executive branch power of classification, declassification and archiving of materials.

    The legislative branch has no legal basis to usurp any aspect, facet or degree of the power of the executive branch.

    No legislation usurping the power of the executive branch is constitutional.

    No legislation usurping the power of the executive branch to classify, declassify and archive material is constitutional.

      1. Former Presidents enjoy the power of archiving exclusively.

        Read the Constitution.

          1. Archiving is preserving materials in perpetuity.

            The POWER to classify, declassify and archive materials is vested in the President.

            No other entity enjoys the POWER of the executive branch.

            No other entity enjoys the POWER to classify, declassify and archive materials.

            The usurpation of the power of the executive branch by the legislative branch may not occur through legislation.

            An amendment to the Constitution would be required to transfer power from the executive branch to the legislative branch.

            Next question.

            1. There is only one President: the person currently in office.

              Former Presidents are private citizens.

              1. The sitting President alone enjoys the power to designate the archiving modality.

                President Trump had the power to designate the archiving modality and no other entity had any power to classify, declassify, archive, or designate an archiving modality.

                Archiving is preserving materials in perpetuity.

                The POWER to classify, declassify and archive materials is vested in the President.

                No other entity enjoys the POWER of the executive branch.

                No other entity enjoys the POWER to classify, declassify and archive materials.

                The usurpation of the power of the executive branch by the legislative branch may not occur through legislation.

                An amendment to the Constitution would be required to transfer power from the executive branch to the legislative branch.

                You have no power to remove or assign the power to classify, declassify and archive by personal ideation.

                Next question.

                    1. Joe Briben didn’t win. He lost but cheated his way to the Presidency.

                  1. Splitting Hairs again, ‘Anonymous…’ i.e., yes he is a Private Citizen BUT HE IS ALSO A FORMER PRESIDENT who retains his Title when addressed, e.g., President Carter, et al… ..and HAS EXCLUSIVE ATTRIBUTES and PRIVILEGES unlike all other ‘private citizens..’ Your attempts to detour around full Truth stand out…

                  2. The sitting President alone enjoys the power to designate the archiving modality.

                    President Trump had the power to designate the archiving modality and no other entity had any power to classify, declassify, archive, or designate an archiving modality.

                    Archiving is preserving materials in perpetuity.

                    The POWER to classify, declassify and archive materials is vested in the President.

                    No other entity enjoys the POWER of the executive branch.

                    No other entity enjoys the POWER to classify, declassify and archive materials.

                    The usurpation of the power of the executive branch by the legislative branch may not occur through legislation.

                    An amendment to the Constitution would be required to transfer power from the executive branch to the legislative branch.

                    You have no power to remove or assign the power to classify, declassify and archive by personal ideation.

                    Next question.

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