The disclosure of a subpoena of Twitter by Special Counsel Jack Smith was surprising in a number of respects, including the hefty $350,000 fine imposed by U.S. District Court Beryl Howell (left) for a three-day delay as the company sought to address the demand. However, the two most surprising, and concerning, elements were that the subpoena was secret and Howell justified it, in part, on Trump being a flight risk. Neither seems warranted in this case even assuming that the subpoena was in other respects warranted.
Special counsel Jack Smith subpoenaed and obtained a search warrant related to former President Trump’s account on Twitter, now X. However, he also sought the information with a nondisclosure order that prohibited X from disclosing the existence or contents of the search warrant to Trump or anyone else. However, Trump already knew he was under investigation, so why was there a need for nondisclosure?
The court found that Trump might change his course of conduct but that seems unlikely. If anything Trump has been most consistent in his social media practices. Indeed, while some of us have criticized him for his posting, he has remained entirely undeterred.
The lower court stated that “The district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to former President Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates.'”
It is not clear how Trump would destroy the evidence in possession of Twitter, particularly after the company is informed that it must preserve and disclose the meta data.
Then there was the added rational that was tucked into footnote 2 of the D.C. Circuit opinion: Trump might flee.
Judge Howell actually agreed that the former President was a flight risk.
Process that for a second. Trump has 24/7 security. So Howell agreed that he might shake his sizable security detail, evade them, and go on the lam. He is one of the most recognized figures in the world. He would have to go to Mars to live incognito.
It is facially absurd. Trump has been sued and criminally charged across the country. He has never made a break for it. Where would he go? Cuba?
The finding of a flight risk undermines the credibility of the court’s order. This is not to question the ability to force the release of the information. However, the need for secrecy is far from evident. Rather it succeeded in preventing any challenge.
Here is the D.C. Circuit opinion: Trump-Twitter Opinion
Anyone with a passport and a private jet could be considered a flight risk.
A billionaire that owns his own jet and has no respect for any law or authority with over 40 criminal counts is the definition of a “Flight Risk”.
However, shouldn’t the judge impose a travel ban first, banning foreign travel? That way Trump’s Secret Service detail might stop him from taking a jet ride to visit his friend Putin in Russia.
Not only are the PoS progressives prosecuting political opponents, they are doing it in secret. They are truly fascist PoSs.
Oh don’t it go to show that you don’t know what you’ve got ’til its gone. They paved paradise…..and put up a latrine.
I have seen a Republican Congresswoman display naked pictures of Hunter Biden from his laptop at a Congressional hearing. Indeed, the full contents of his private laptop have been published by news organizations and others. I have never heard Jonathan support in any way the privacy of Hunter Biden’s private laptop in the way Jonathan supports the privacy of Trump’s very public Twitter account.
I have never heard Jonathan support in any way the privacy of Hunter Biden’s private laptop
You are not paying attention. The laptop or the contents are not Property of Hunter Biden.
Nothing surprises me coming out of the DC Courts, Trump can’t and will never get a fair trial. Court is backing DOJ and giving them whatever they want. Flight risk with the Secret Service and his motorcades and crowds that greet him no matter wherever he goes.
Turley correctly was concerned when the George W. Bush Administration violated the U.S. Constitution before and after 9/11. Republicans were largely silent.
Civil liberties groups then warned these illegal authorities under our U.S. Constitution could be used against U.S. citizens on U.S. soil. Republicans were largely silent.
Then these illegal unconstitutional authorities were used against U.S. citizens on U.S. soil – as long as they were falsely labeled “terrorist threats”. Republicans were largely silent.
Now some Republicans are reaping what they sowed! Maybe Republicans should stop supporting illegal unconstitutional authorities? If not now, when?
It might help if you recognized that Trump’s republian party has been in the process of evicting the Bush/McCain/Romney republican party, and is trying desperately to get rid of the old frauds. Trump republicans are as different from Bush/McCain/Romney republicans as JFK democrats are different from Obama democrats.
You might want to stop applying outdated labels to people that are as different as night and day.
Responding to Ralph:
Bush was unlike McCain and Romney.
John McCain was tortured and imprisoned during the Vietnam War. When McCain was allowed to leave the gulag sooner than his American comrades – McCain refused.
McCain also had courage few Republicans have today. At a Republican public event, when a lady falsely defamed Barack Obama, McCain actually had the backbone to disagree with Obama without falsely lying to defame him – placing the nation’s interests above his political party.
Bush’s family got him into the National Guard to avoid risky duty. Then as president Bush pronounced “Mission Accomplished” after lying about weapons of mass destruction and fabricating a false story about aluminum tubes.
Bush also violated Republican icon Ronald Reagan’s torture treaty and brought international disgrace to the United States by adopting torture techniques from the Spanish Inquisition. John McCain supported Reagan’s opposition to cruel treatment.
In some ways George W. Bush was more lawless than Trump is alleged to be. Bush is nothing like McCain or Romney.
Each of these people is different – you are entirely accurate with respect to that.
Few people seek to defend Bush today. Though he certainly was not so bad a president as Biden.
Regardless, While McCain was a genuine war hero, and in SOME instance demonstrated great integrity he was not without his own flaws.
Finally you compare Bush to Trump – without providing any substance to the comparison.
Did Trump lie to get the US into a foreign entanglement ?
Each of the specific criticisms you have of Bush are also True of Obama and Biden but NOT true of Trump.
What are your personal standards ?
As to Romney – you said nothing.
I do not think Romney is evil. But he has been a disappointment.
I do nto think Biden is evil. But he is corrupt and he does empower evil.
They are truly pulling out all of the stops to get Trump. I note that since the classified documents case is in Miami and out of the friendly climes of D.C. that the special prosecutor is pulling out almost everything from his hat. Including using a Grand Jury outside Miami to file more charges in the Miami case, which is unusual. Also Trump draws the most severe judge in D.C. for sentencing Jan 6 rioters and also an Obama Appointee, and then District Court Judge Beryl Howel (also an Obama Appointee) declares Trump a flight risk. And then lastly Trump get special counsel Jack Smith who is an extremely over zealous democratic attack dog who was unanimously overturned by the Supreme Court in his prosecution of Virginia Governor Bob McDonnell (republican). Most of his work has been with democratic administrations unless he is doing international work. Yes I think the stacked deck might apply here.
Trump may be found legitimately guilty but I have a sneaking suspicion that exculpatory information, evidence and testimony might get buried deep. There appears to be such a rabid desire to get Trump that I suspect there will be plenty of errors to appeal.
Trump is loud, never knows when to shut his mouth, not a respectful of any rules, and tends to break them, sloppy and never knows when to quit . That can be a useful character reference in some cases but also can lead you down the road to destruction if he does not control and curb it.
However he is not the Devil Incarnate and he is less a “threat to democracy”, than the present democrats who are in charge and allude to being the “adults in charge” yet they broke nearly nearly every rule in the first amendment to suppress speech, provided us with the Afghanistan fiasco that cost lives, alienated Saudi Arabia right into the arms of Russia and Iran, alienating the growing power of Israel and it’s gradually increasing tilt to the right (demographics again), wrecking the energy industry in the US, blowing up the national debt at a record pace. A president that drops money all over the world, tries to give more tax money away to people who took school loans and want all forgiven (without congressional approval), and presiding over the biggest invasion of people through an open border in US History. This invasion almost matches the numbers of emigrants that came to the US from 1840-1920.
Now who again is the “threat to democracy”?
Trump is loud, never knows when to shut his mouth, not a respectful of any rules, and tends to break them, sloppy and never knows when to quit
DC is sewer of rule breaking and bad faith deals.
o
What we are not used to is the President doing his own wet work. What he has done is no more than any bare knuckle politician…But for the fact that Trump does his own wet work, not farming it out via third party leaks, and proxies floating trial ballons
Pence is a case on point. NO other President would have had any contact with his VP. Messages would have been delivered, clearly and succinctly using 2 cutouts. Not Trump. He’s the boss, he delivers his own messages. Why? Because he see’s no problem with hands on management. If he believed it was illegal, he would not have done it.
“Not Trump. He’s the boss, he delivers his own messages. Why? Because he see’s no problem with hands on management. “
Too many people don’t like raw honesty. When things are kept secret, they are happy. When the secrets come out, they complain. When a person is straightforward and transparent, they can’t stand it.
GEB,
Spot on about who the true threat to democracy is.
This DC Circus Court is the epitome of the Communist Courts in Russia. They have become the imprisonment arm of the Regime.
Our host states the warrant, absent the special secrecy and such was justified. What’s the need for a warrant concerning posts that are public?
I am generally a pretty middle of the road person who doesn’t get emotional about politics, it’s players, or policy. I look at things factually and with an eye toward unintended consequences. I never believe something just because the media or a politician says it is so. I look at the years since Trump came down that elevator to announce his candidacy and have to conclude it has been one long, long road to a “get Trump at any cost” playbook. He was never a part of whatever machine, elitist or otherwise, that runs the country and maybe the world, he had his own money so didn’t need theirs, had ideas of his own (good, bad, or indifferent) not vetted by whatever ruling establishment there is, and having been around the movers and shakers knew there was corruption up and down the political/government supply line. Nuts and bolts they were afraid of him because they couldn’t control him, and they still are. They are not afraid of him because they think he will end democracy (the liberals have made inroads on that), but it’s a good sound bite that elicits angst among certain classes. It’s because he is not part of the ‘network’ and is unpredictable and uncontrollable, and maybe because if he is elected again he will really upset their apple cart because he will have agency access. I think I would vote for the guy just to give the middle finger to the wonks and the media who have no business calling themselves journalists.
On point!
Karen Ann, you are right. But there is more to it than that. Trump’s proposed policies threatened core interests of the uniparty, “deep state” and certain financial/big business interests, as well as the cultural establishment . His naïveté reduced his effectiveness initially, before he come to understand fully the powerful interests opposing him. A second term would be more effective and is thus more threatening.
Yes, Karen Ann and Daniel. The “deep state” or ,as a relative called them quite a few years ago, “the board of shadowy figures”.
Karen we have to always add.
The Treatment of Trump is a warning sign.
Consider DeSantis. He has all the GOPe handlers and money streams. Those people tell him what to say. DeSantis is seeing, everyday, all day, what awaits him if he steps out of line.
What Trump is going through is the metaphorical Heads on Pikes, on all roads entering the Kingdom. Beware all that enter here, you are being warned.
Completely agree. (I’d *Like this but I don’t have a WordPress account.)
“I think I would vote for the guy just to give the middle finger to the wonks and the media who have no business calling themselves journalists.”
⬆️⬆️ *THIS*⬆️⬆️ is how Trump was elected in 2016: Americans gave the finger to DC and this is DC replying “Oh yeah?”, without the slightest smidgen of self-reflection.
There should simply be no secrecy in criminal investigations. The government has already a huge advantage over any suspect in that she has no budgetary restraint and enormous investigated powers vested in the FBI. Quite a lot or people enter into a plea agreement because otherwise they will bankrupt their families. That practice runs counter to what justice demands. Prosecutors should not be allowed to use the threat of prosecuting family members as a pressure tool (it is essentially a form of blackmail) – Weisman is notorious for that practice and it was also used against Gen. Flynn. We have a secret court the FISC based on the FISA law which come right out of Kafka. There is always an excuse for secrecy, but it undermines the very concept of justice. I agree with Turley that the secret subpoena in this case was ill motivated. But then, what do you expect: it cannot be appealed as the suspect does not know about it. In conclusion: we need a change of law explicitly stating that secret subpoenas are disallowed under all circumstances; and the FISA must be repealed as it has been and is still abused numerously and the court rubberstamps the FBI requests almost each and every time, so it does not effectively supervise the executive branch which is needed as the suspect cannot defend himself. In addition, I am getting doubts that the grand jury system works. A good prosecutor can convince any jury of lay people to indict. Why not do this: a prosecutor must present his case for indictment to a 3-panel court.
As idiotic and braindead as Biden, his administration and all those who support them, where ever they be found.
A lot of people like Turley never thought that Trump would steal classified documents or start an insurrection and plot to steal the election when it was clear that he lost the election. They certainly never thought he would try to get his own Vice President killed. That is because people like Turley always give him the benefit of the doubt. Most of us have found that it is a better practice not to give Trump the benefit of the doubt, and we think people like Turley are quite naive when it comes to Trump. So I understand where the Judge is coming from here.
Moron
It is not about Trump. It is about the rule of Law and the Constitution. Put yourself as a defendant.
So now trump conspired to commit murder???
Hack, you have the right screen name, thats for sure.
Your name “Politico” says it all. LOL
Disgusting progressives.
You are suggesting that he would need to shake his security detail to leave the country. Really? They go wherever he goes; they would be in the plane with him. He has his own plane. He has his own branded buildings around the world. He has sufficient cash to live on. He has certain world leaders/dictators that would take him in.
Just because he has not left the country does not mean with prison imminent he would not be. At this point, he still thinks he could delay the trials long enough to be elected and not have to worry about prison. Things could change.
Just because he has not left the country does not mean with prison imminent he would not be.
If wild speculation, absent of any facts, is the way Judges rule, that’s proof, the rule of law is dead.
Idiot
This would be funny if it wasn’t so frightening. They will stop at nothing to eliminate Trump. Making me get back on the Trump wagon that I had fallen off of. They need to be careful what they wish for- they are setting a precedent and the tables could be turned next time. Probably not, though, because our Republic will be long gone before that happens.
DeSantis is my candidate but if Trump is the pick I will certainly back him. He needs to stop the threats of going after people and just do a 360 on everything Crook Biden has done.
Everytime I watch the Democrats slice thru Constitution to get at “their Devil” (i.e. Trump) no matter the damage they do to the country I recall this scene from a Man for All Seasons
William Roper: “So, now you give the Devil the benefit of law!”
Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?”
William Roper: “Yes, I’d cut down every law in England to do that!”
Sir Thomas More: “Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!
Jack Smith is our times’ Roper
It seems we need an appellate or Supreme Court decision to needs to to declare that all these indictments against Trump are facially election interference, and should be tolled until after the election
trump admitted he had classified documents at mar a logo. He is charged crimally for that. Sure he has his reasons for keeping classified documents, he says they are his. I am pretty sure the law says otherwise. Trump personally vilified others that had classified documents in places they should not have had them. Is this charge frivolous?
trump admitted he had classified documents at mar a logo
I can never figure out the leftist mind set. Why are they forced to lie? Supposedly they have the facts on their side, but lies like this are repeated, they are corrected, and two days latter, the same lie.
Trump did have classified documents at MAL. He’s claimed he declassified everything, but clearly we know he didn’t. If he did his lawyers wouldn’t need to get security clearances and request a SCIF be crated at MAL for the purpose of reviewing the evidence against him.
. He’s claimed he declassified everything, but clearly we know he didn’t.
We are months away from trial. The govt claims (not facts) are ruling at this point. The lie was that Trump had admitted he had classified documents.
That is a false statement of fact.
Please be more specific. What did I say that was not true?
Trump made no such statement.
Welcome to the “Twilight Zone”.
Beryl Howell … Obama appointment.. fancy that