Thursday, November 17, 2022

Off-ramps galore

It can be surprising when it happens but the New York Times can still do some good reporting, even if it is in the Opinion section.  From Trump Faces Five Major Investigations. He Has Dozens of Ways Out.  by Ankush Khardori.  

Trump has attracted lawfare like no other political leader I can recall.  It seems like the more cases are dismissed, the more spring up to keep alive the hope of defeating him in courts given how challenging he is in the political arena.

The five major cases mentioned are:

The Classified Documents Investigation - Did Trump illegally remove classified documents from the White House and obstruct investigators?

The Jan. 6 Investigation - Did Trump try to incite an insurrection, commit election fraud or fraudulently fund-raise in the run-up to Jan. 6?

The Manhattan District Attorney’s Investigation - Did the Trump Organization commit tax fraud or other financial crimes?

The Georgia Election Investigation - Did Trump break the law to try to overturn his 2020 election loss in Georgia?

The New York State Civil Case - Did Trump and his children lie to lenders and insurers about the Trump Organization’s financial condition?

The law is full of surprises but I think the first four are likely not viable.  Indeed, the Manhattan District Attorney Investigation seems all but abandoned.  DOA though they might be, the mainstream media imbues these four cases with a vitality I suspect they cannot carry.

The fifth case is more of a wild card simply because it is a civil case where preponderance of the evidence is the much lower threshold that has to be achieved.  Still unlikely I would suspect but more achievable than the others.

Khardori is not focused on the probability of each case but instead usefully charts the possible course of each.  That on its own makes apparent just how much of a reach are the five.  Might they be politically damaging to Trump?  Maybe.  Might they be politically advantageous to Trump?  Maybe.  

But Khardori has done a service by going into the procedural and strategic details to shed light on each case.  Very useful.

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