Trump CHICKENS OUT and WON’T go after NYT Reporters for Epstein & Iran LEAKS?!?!

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Quick Read

Donald Trump's administration is accused of weaponizing the Department of Justice against journalists and political opponents, but legal experts suggest attempts to prosecute reporters for leaks could backfire due to discovery processes.
The Trump administration allegedly weaponizes the DOJ against critics, including NYT reporters and Gavin Newsom.
Prosecuting journalists for leaks risks triggering the 'Streisand effect' and exposing more government secrets through discovery.
Instances of prosecutorial misconduct and 'fishing expeditions' for crimes against political targets are cited as systemic abuses.

Summary

This episode of Legal AF, featuring Don Lemon, discusses the alleged weaponization of the Department of Justice under the Trump administration against perceived enemies, including New York Times reporters Maggie Haberman and Jonathan Swan, and California Governor Gavin Newsom. The hosts analyze the legal risks and political implications of pursuing journalists for publishing leaked classified information, suggesting such actions could trigger the 'Streisand effect' and reveal more damaging information through discovery. They also highlight instances of alleged prosecutorial misconduct in Chicago and a judge's inquiry into fraud on the court related to a Trump-era settlement, emphasizing a pattern of targeting individuals rather than investigating crimes.
The discussion underscores critical threats to press freedom and the rule of law when a government allegedly uses its legal power to target political adversaries and journalists. It reveals how such actions can undermine public trust in institutions, create chilling effects on reporting, and potentially expose further governmental misdeeds through legal challenges, impacting democratic accountability and the integrity of the justice system.

Takeaways

  • The Trump administration is accused of using the Department of Justice as a personal law firm to target political enemies and journalists.
  • New York Times reporters Maggie Haberman and Jonathan Swan face potential legal action for publishing leaked classified information, but their organization's legal vetting provides strong defense.
  • Attempts to prosecute journalists for leaks could backfire, leading to extensive discovery that might expose more damaging information about the administration.
  • California Governor Gavin Newsom's strategy of proactively announcing a DOJ investigation against him was a smart move to control the narrative.
  • The principle of 'picking a person first and then looking for an offense' is cited as a dangerous abuse of prosecutorial power, evident in cases against Newsom and others.
  • Instances of severe prosecutorial misconduct in Chicago, including grand jury abuse, led to the dismissal of major cases, highlighting systemic issues within the DOJ.
  • A federal judge is investigating potential fraud and deceit on the court by Trump's lawyers regarding a settlement agreement, which could nullify a 'weaponization fund'.
  • The 'corrupting influence' of Donald Trump is seen as a factor leading legal professionals to compromise their ethics and careers.
  • Appointments within the Trump administration are criticized for lacking meritocracy, prioritizing loyalty over qualifications.

Insights

1DOJ Weaponization Against Journalists and Political Opponents

The Trump administration is framed as using the Department of Justice to retaliate against perceived enemies, including New York Times reporters Maggie Haberman and Jonathan Swan for their reporting on classified information (Epstein cover-up, Iran war plans) and California Governor Gavin Newsom, who announced a DOJ investigation into him and his wife. This is characterized as a 'weaponized' DOJ acting as Trump's personal law firm.

Host Michael Popok and Don Lemon discuss the White House's 'freak out' over Haberman and Swan's book 'Regime Change' and the direct quotes from high-level officials, implying a leak. Newsom's public statement about being investigated by the DOJ is also cited.

2The 'Streisand Effect' and Discovery Risks for the Administration

While the Trump administration might attempt to prosecute journalists for leaks, Don Lemon suggests that such legal action could backfire. A court battle would involve extensive discovery, potentially forcing the administration to reveal sensitive information and sources, which they would likely want to avoid. This 'Streisand effect' would amplify public attention and potentially expose more damaging details.

Don Lemon states, 'Can you imagine if this is litigated in court? The discovery that will come from this... I don't think the administration wants it. So there will be a lot of bluster about this and that, but they will never get to the point where there is discovery because they stand to lose too much.'

3Prosecutorial Misconduct and Grand Jury Abuse in Chicago

A federal judge in Chicago, Judge April Perry, dismissed an indictment (the Broadview 6) due to 'the worst abuse of the grand jury process she had ever seen.' This misconduct, involving a prosecutor (Sherry Mecklenburg) who dismissed dissenting grand jurors, vouched for evidence, and spoke to jurors outside the room, also led to the dismissal of an $800 million COVID testing fraud case. This highlights a pattern of prosecutorial overreach under the current DOJ.

Michael Popok details Judge Perry's findings, including the prosecutor's actions and the subsequent dismissal of the Broadview 6 and an $800 million COVID fraud case with prejudice. He notes the prosecutor, Sherry Mecklenburg, was later fired from a Senate Judiciary counsel position.

4Judicial Scrutiny of Alleged Fraud on the Court by Trump's Lawyers

A federal judge in Miami, Judge Williams, has demanded that Trump's lawyers respond to charges of 'fraud and deceit on the court' regarding a settlement agreement in a Trump vs. IRS lawsuit. This inquiry, prompted by 435 former federal judges, could declare the entire settlement and a related 'weaponization fund' null and void if fraud is proven, treating it as 'fruit of the poisonous tree.'

Michael Popok explains Judge Williams' demand for Trump's lawyers to answer charges of fraud and deceit, noting the potential for the entire settlement and the 'weaponization fund' to be overturned.

5The Corrupting Influence of Trump on Legal Professionals

The hosts discuss how Donald Trump's influence, characterized by 'bullying and power,' leads legal professionals to compromise their ethics and potentially their careers. This is exemplified by the actions of prosecutor Sherry Mecklenburg in Chicago and the behavior of Trump's personal attorneys like Todd Blanche, who allegedly attempted to unilaterally amend a settlement agreement.

Michael Popok quotes Judge Luttig on Trump's 'corrupting nature.' Don Lemon adds, 'I think you have the obligation, you should be obligated to refuse' unlawful or unethical orders. Popok describes Todd Blanche's alleged attempt to 'sweeten the terms' of a settlement by himself.

Bottom Line

Defense lawyers should now routinely demand federal grand jury transcripts in their cases, given recent revelations of prosecutorial misconduct.

So What?

This insight suggests a systemic vulnerability in the grand jury process under the current Department of Justice, creating a new avenue for defense attorneys to challenge indictments and potentially uncover abuses.

Impact

For legal professionals, this represents a critical shift in defense strategy, potentially leading to more successful challenges against federal indictments and greater accountability for prosecutors.

The strategy of 'getting out in front' of a government investigation by publicly announcing it can be an effective way for political figures to control the narrative and mitigate damage.

So What?

This tactic shifts public perception from a reactive defense to a proactive disclosure, potentially framing the investigation as politically motivated rather than based on legitimate wrongdoing.

Impact

Political figures facing potential government scrutiny can leverage this strategy to preempt negative media cycles and rally public support, turning a defensive situation into a platform for their narrative.

Lessons

  • Support independent journalism and media outlets, as they are crucial for holding power accountable and providing alternative perspectives when mainstream gatekeepers may fall short.
  • Advocate for greater transparency and oversight within the Department of Justice, particularly concerning grand jury proceedings and the investigation of political figures.
  • If involved in a federal case, ensure your legal counsel requests and scrutinizes grand jury transcripts for any signs of prosecutorial misconduct or abuse of power.

Quotes

"

"Donald Trump could very well be one of the people who's leaked to her and he doesn't even realize it."

Don Lemon
"

"The greatest danger of abuse of prosecuting power occurs when a prosecutor picks a person first and then looks for an offense, rather than finding an offense and then identifying the offender."

Michael Popok (quoting Robert Jackson)
"

"You as prosecutors, you have one client and your client is justice."

Michael Popok (quoting Judge April Perry)
"

"Pressure either makes a diamond or dust. You know, you either melt or shine under the lights, and she melted."

Michael Popok
"

"It is just his combination of bullying and and power that um that people just literally lose their minds."

Michael Popok (quoting Judge Luttig)

Q&A

Recent Questions

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