Male eye spying through a keyhole (Shutterstock)
How the NSA reportedly uses Google cookies could be next privacy flash point
December 12, 2013, 7:49 AM ET
According to the attorney who oversaw the drafting of the House Judiciary Committee's Jan. 6 investigation's final report, Donald Trump's attorneys who fanned out to cable networks to levy allegations of misconduct after their client was slammed with a 37-count federal indictment are tipping off they have no coherent defense strategy.
Writing for MSNBNC, attorney Michael Conway claimed their accusations will go nowhere and that they are a "sign of desperation."
While Trump attorney Alina Habba ran to Fox News to complain, "I'm embarrassed to be a lawyer at this moment. Honestly, I am ashamed. I'm ashamed to be a lawyer. I'm ashamed that this is the state of our country,” Tim Parlatore, who walked away in frustration from Trump's legal brain trust in May, appeared on MNSBC to complain that "misconduct committed by Jay Bratt [Chief of the Counterintelligence and Export Control Section, National Security Division at the DOJ] and his team in bringing the [documents] case to this level."
According to Conway, their pushback is not a sign of a winning strategy.
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Writing that "The fact that federal courts approved the questioning of Trump’s lawyers seems an impenetrable defense to any claim that this action constituted prosecutorial misconduct," Conway added, "Once again, such a hypothetical misconduct claim falters because a federal magistrate judge authorized the search warrant."
Beyond that, he maintained that the attorneys are following their client's lead with the attacks when they should be taking the lead.
"On one hand, ranting on social media about alleged government misconduct is one of Trump’s favorite pastimes. On the other hand, ranting on social media about alleged government misconduct will not get any indictment tossed out by a federal court," he counseled before suggesting, "While a good offense may be the best defense, a flimsy offense sends a message of impending trouble."
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Former President Donald Trump on Saturday lashed out at the criminal indictments that were filed against him by United States Department of Justice Special Counsel Jack Smith.
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Trump is facing dozens of charges stemming from the classified documents that he admitted to taking from the White House and stashing at his Palm Beach, Florida Mar-a-Lago golf club at the end of this term.
United States District Court for the Southern District of Florida Judge Aileen Cannon was on the receiving end of advice from a noted legal scholar that she needs to handle the 37-count indictment of Donald Trump with care next week in light of her being "slapped down" the last time she handled a high profile case involving the former president.
Appearing with MSNBC host Ali Velshi, Harvard Law's Laurence Tribe called the allegations contained in special counsel Jack Smith's legal brief "jaw-dropping" and claimed Cannon -- who will likely oversee the initial hearing -- needs to 'call it straight" when making rulings.
Questioning how the Trump-appointed judge was assigned the case, Tribe told the host, "It's a little puzzling how she was chosen. The earlier case was not really a criminal case it was a civil suit brought by Donald Trump for the appointment of a special master, and the very conservative 11th circuit unanimously concluded she has no jurisdiction at all -- she was off the reservation -- and the former president didn't even appeal that."
"Her earlier experience, if anything, doesn't count in favor of her handling this," he warned. "Maybe she is only handling the arraignment on Tuesday afternoon, but if she is appointed, then, I do worry that the degree to which she leaned over backwards in the direction of ruling for Trump, in ways even a conservative court slapped her down for and criticized her for, suggests that her loyalty may be somewhat more towards the guy who made her a federal judge, the one who appointed her, than to the Constitution."
"I hope that if she does what I recommended all your readers do and read this very concise and easy-to-read indictment - and she will, she will surely read , that even she will have a jaw-dropping experience, thinking, is that the guy who appointed me? Is this the guy on whose behalf I went out on a limb?" he added.
"Hopefully that will be her reaction, and she will go back to a normal judicial role and any normal judge with an indictment the strong, with evidence that comes straight from the defendant's mouth or from the mouths of his lawyers after a definitive adjudication of the attorney/client provision, any judge would really decide that it's important one way or the other that will be a verdict in this case before the next election so, the people of the United States know whether it is someone who is guilty of espionage, conspiracy to obstruct justice, and lying to the government with dangerous secrets of our national security -- whether that's the kind of person they want as president."
Adding that he hopes she won't make "dubious rulings," Tribe continued that he hoped she will "call it straight and, if she does, it's very hard to see what defense Donald Trump can present."
"You read it and your jaw drops and you get scared for the country," he said of special counsel Jack Smith's filing, "So, I'm hoping that despite the fact that Aileen Cannon would not have been my first choice as judge, it won't matter who the judge is, justice will be done."
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