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 June 11, 2023

Former federal prosecutors highlight flaws with the Trump indictment

Former federal prosecutors say that there are multiple flaws with the indictment that President Joe Biden's Department of Justice (DOJ) has brought against President Donald Trump. 

In case you missed it, last week Biden's DOJ indicted Trump on 37 counts of wrongdoing in relation to his possession of classified documents. The charges range from conspiracy to obstructing justice to making false statements to willful retention of national defense information and more.

Reports indicate that Trump could face significant jail time - 400 years - if he were to receive the maximum penalty for each charge.

This is the first time in American history that a former president - who is the current president's top rival for the 2024 presidential race - has been indicted by the current president.

One of those prosecutors mentioned at the outset is Jeffrey Clark, a former assistant attorney general for the Trump administration.

On Friday, Clark tweeted, "I'm beginning to read the indictment against Trump. But even three pages in, it's clear that the leaks that preceded the indictment are far too close to what is actually being pleaded by DOJ to be a coincidence."

Clark goes on to provide an example, writing, "For example, in paragraph 6a on page 3, we hear about the recording of the Bedminster call, which the MSNBC's of the world have been beating a dead horse about for quite a while based on such leaks."

Accordingly, Clark says, "This means that Trump lawyers could not possibly be the source of the leaks. Ergo, the leaks are coming from DOJ . . .  Also, this is grounds for granting a motion highlighting jury pool poisoning and dismissing the indictment before it reaches even its one-month birthday."

On the other hand, former DOJ deputy assistant attorney general Victoria Toensing, during a recent appearance on Newsmax's Chris Salcedo Show, highlighted a different problem with the Trump indictment, namely, "abuse of [prosecutorial] discretion."

Toensing argued that there are "two systems of justice," using as an example the infamous situation in which then-Secretary of State Hillary Clinton destroyed some 30,000 emails - containing confidential information that Clinton illegally kept on a private server - but yet was let off the hook.

Toensing's basic point is that if you did not prosecute Clinton then you cannot prosecute Trump - that is unless America is now a country with two systems of justice - which does appear to be the case.

Former Trump Administration acting Attorney General Matthew Whitaker has gone so far as to argue that this indictment of Trump is "an end of the republic type of situation."

"This does look to me like an end of the republic type of situation: where the ruling party punishes the opposition party and takes out their leaders through abuse of prosecutorial power," Whitaker said.

Whitaker went on to say that "this is the time, in a moment of American history, that we all should be very keen to."

Written By:
Robert Ayers

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