'Probably not fair': Ex-ethics czar explains how Trump has already scored special treatment
August 20, 2023
Donald Trump is expected to surrender to Fulton County this week for his arraignment, but it's unknown whether or not Sheriff Patrick Labat will make good on his promise to treat the former president like anyone else.
Typically when someone is "booked," they are fingerprinted, a mugshot is taken and they're placed in a holding cell before being taken to court. As former ethics czar and impeachment lawyer Norm Eisen explained, Trump has already received the luxury treatment.
"Unless someone tells me differently, we are following our normal practices,” Labat said in early August. “It doesn’t matter your status. We’ve got mug shots ready for you."
CNN reported that on average, the booking process can take hours. Trump has escaped that process.
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"As we await the surrender of Trump at the Fulton County jail there has been a lot of talk about whether we'll see him fingerprinted or mug-shoted like any criminal defendant who walks through and goes through the system in Fulton County," said CNN's Jim Acosta on Sunday. "There has been some discussion as to whether or not you might not see Trump do that but perhaps see the other co-defendants go through the process. Would that be fair if he is given special treatment and doesn't go through that process or if you're going to do one you have to do them all?"
Eisen explained that of all three prior criminal cases thus far, in New York and the two federal cases, Trump has gotten the royal treatment.
"There are some exceptions made for the former president," he said. "Some is a security consideration. The Secret Service, we have heard, they are on site. Some is frankly a courtesy. It is probably not fair. We have the idea in the United States of one rule of law for everybody, no person above the law. This is the least of the fairness considerations. He will probably get some special treatment. I am more concerned that the law be applied evenly to all of these defendants presumed innocent until proven guilty but that they all be treated the same way when it comes to pretrial trial and judgment."
Eisen went on to address the recent requests by Trump's former chief of staff, Mark Meadows, to move his case to federal court. He explained that while Meadows' job was in service to the federal government, as his check was signed by them, his actions were not targeting the federal government but Georgia specifically.
"The problem for Meadows is the nature of the allegations here because in order for a case to be removed under federal law it has to fall within the outer perimeter of Meadows' official duties and the things he is accused of doing are not official duties. The president of the United States, certainly his chief of staff under the Constitution, has no role in counting the votes in Georgia or pressuring, as they are accused of doing in the DA's indictment, pressuring Georgia's Secretary of State Brad Raffensperger after the vote had been counted, recounted, certified to 'just find 11,780 votes.' That makes it tough on the removal standard. Under the Supremacy Clause the test is, did Meadows have a duty to do it? Did he do no more than was necessary and proper under the duty? Was it authorized? The problem is no real role for the feds and, of course, allegations of overturning the peaceful transfer of power. That is the opposite of what the law authorizes."
Trump's team is said to be meeting with Fani Willis to negotiate his bail and treatment. If Trump doesn't surrender to Fulton County by Friday, Aug. 25 at noon, however, a warrant will be issued for his arrest.
See their full conversation in the video below or at the link here.
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