Special Counsel vs Trump: For Mar-a-Lago Documents & January 6 Incitement

#1 target of S/C Jack Smith and rightly so

(Justice a must & vast majority believes that)

Salon.com reports on Special Counsel Jack Smith closing in on Trump with this update headline:

“Report reveals special counsel's 8 “secret” court battles as Trump invokes “imagined” privileges

Special Counsel Jack Smith is involved in at least eight secret court battles that could reveal details about Trump's actions after the 2020 election and his handling of classified material (according to documents reviewed by CNN).

The outcome can impact the law around the presidency, separation of powers, and attorney-client confidentiality like it hasn't before, but nearly all of the proceedings remain sealed.

This week, Smith invoked the so-called crime-fraud exception to compel Trump's defense attorney Evan Corcoran to testify in the DOJ’s classified documents investigation. 

Prosecutors argue that Corcoran is not protected by attorney-client privilege since the investigation found evidence of conversations that may have furthered or covered up a crime related to the Mar-a-Lago document boxes.

Related: Evidence of a crime: Expert says special counsel filing shows Trump lawyer is hostile witness.

Other subpoenaed witnesses like former Vice President Mike Pence may pose more challenges, raising questions about the protections around the vice presidency.

For example: Neil Eggleston, a former White House counsel told CNN: “I think we are in extraordinary times. Part of it is I think is that Trump continues to assert these theories long after they've been batted away by the court.” 

Even so, several cases are still ongoing in court, before D.C. Chief Judge Beryl Howell, or in the D.C. Circuit Court of Appeals. 

CNN also reported that some of the other ongoing cases include an appeal “Over whether or not that Pence’s former Chief Counsel Greg Jacob and his former Chief of Staff Marc Short should have been forced to answer questions about Trump interactions around January 6.”  

Both of them testified last July to a federal grand jury investigating the attack on the Capitol, but refused to provide answers due to Trump's attempted claims of confidentiality around the presidency. 

However, court orders asked them to testify a second time in October and they both appeared a second time at the grand jury. 

The Trump team still filed an appeal of Howell's decisions.

Former U.S. Attorney Barbara McQuade tweeted: “Trump and allies are asserting real and imagined privileges, making DOJ fight in court for the evidence. This is why charging a former president takes so long. Just wish DOJ had started these battles sooner. Tick Tock.” 

After Rep. Scott Perry (R-PA) cell phone was seized in August in regards to the January 6 investigation, his lawyers challenged the DOJ's ability to access data taken from the phone, citing protection around Congress under the Constitution's Speech or Debate Clause with the CNN report saying: “Howell refused to keep the records from investigators, but an appeals court panel has blocked the DOJ from seeing the records so far, according to indications in the court record.”

That case is set for oral arguments on February 23 at the appeals court in Washington, DC.

Judge Howell also denied former DOJ official Jeffrey Clark's attempt to keep a draft of his autobiography from investigators. That draft included his efforts at the DOJ on behalf of Trump before January 6.

The New York Times and Politico are also trying to persuade Judge Howell to release redacted versions of any sealed court fights related to the grand jury where Trump or others have tried to limit the investigation with claims of executive privilege “…arguing there's a profound national interest in those legal papers.”

More about the Special Counsel’s probe:

·  “Criminal liability” – Mark Meadows faces January 6 subpoena — expert says his defense is a complete loser

·  “Never seen anything like it – Aggressive Trump special counsel hauls lawyers before grand jury

·  “Pretty much the last step” – Legal experts say subpoena shows Special Counsel closing in on Trump

My 2 Cents: Truly it seems that the proverbial walls are indeed closing in on the Trump who is #1 target of the two most-serious S/C Jack Smith investigations: (1) His involvement in and support of the January 6 insurrection, and (2) His involvement in the classified documents he had stored at Mar-a-Lago and a few other places, and all lies connected therein.

I hope this wraps up in the next 30 days or less … that would benefit the country a great deal and slam the door on Trump and his wild move to retake the Oval Office in 2024 – that must never be allowed to happen.

Thanks for stopping by.