Lawrence O’Donnell Factors To One Phrase In Trump’s Enchantment That Offers The Recreation Away

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“I would like my paperwork again!”

Donald Trump, this morning, 10-5-22, on Reality Social, a message to the Nationwide Archives.

There are just a few areas in Trump’s authorized motions and briefings submitted in Florida that Trump’s attorneys have steadfastly steered away from in courtroom submissions. Whereas Trump was on social media and in interviews suggesting that the FBI planted proof and claiming that he declassified the paperwork, his attorneys by no means even recommended such “excuses” in a quick they signed. They know higher. An lawyer can and shall be sanctioned for asserting issues or theories for which they don’t have any foundation. The opposite factor that Trump’s attorneys have by no means written is that Trump had possession of those paperwork. Even if Trump clearly did have possession of the recordsdata (See above – he desires them again), it’s by no means appeared in a authorized submitting. Admitting Trump had possession is, in impact, admitting to the crime.

However final evening, in an try to get the SCOTUS to listen to the attraction of the 11th Circuit’s resolution, the attorneys made a mistake, in all probability in a rush and with out consideration to element. They acknowledged Trump had possession of the paperwork.

Lawrence O’Donnell pointed it out on his program:

“Of their attraction as we speak, the Trump attorneys nonetheless provided completely no motive why Donald Trump could be entitled to those paperwork and so they made the error of utilizing a phrase that they haven’t used earlier than.

“In describing Donald Trump’s relationship to those paperwork, after saying of their Supreme Courtroom attraction tonight, as soon as once more, that this case is, ‘primarily a doc storage dispute,‘ the Trump attorneys, on web page 30, went on to say the ‘authorities has sought to criminalize President Trump’s possession and administration of his personal private and presidential data.”

“Possession of these data is a criminal offense.”

It could appear taking legalese to the acute by arguing Trump is “entitled to have them” is in some way completely different than admitting he had possession. It isn’t, particularly in contemplation of potential prison prices. A defendant hardly desires to confess to each ingredient of the crime: Information, Intent, and Fee of the Crime. “Possession” goes to the fee of the crime.

As O’Donnell went on to say:

“That’s the reason Donald Trump’s attorneys have been avoiding that phrase, possession. However on web page 30 of their submitting to Clarence Thomas tonight, the Trump attorneys stepped in it.

“In each submitting the Trump attorneys have made on this case, they’ve been attempting to counsel that possession of the paperwork by the previous president is completely authorized with out ever utilizing the phrase possession. However tonight, they did,”

It goes with out saying that the only final place that Trump’s attorneys would ever need to lose observe of such an admission is in a request to the SCOTUS to listen to their attraction.

When one has a shopper who “acts” responsible, it’s laborious to bop round his messes. One should be vigilant to not “step in it.”

 

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