Sifting Fact From Fiction on the Trump Indictments

As Donald J. Trump entered a Miami courthouse yesterday, June 13, news outlets across the nation acted swiftly to put their own brand of spin on the arrest of a former US president. Despite the media pile-on, polls suggest that almost half the country sees the indictments as a political action. The 37 charges against the former president revolve around offenses related to handling classified documents after he left the White House and include the “Willful Retention of National Defense Information; Conspiracy to Obstruct Justice; Withholding a Document; Corruptly Concealing a Document; Concealing a Document; Scheme to Conceal; and False Statements and Representations.” So just how serious are the charges against the 45th president? And is there a chance the whole legal circus could ultimately prove a benefit to the GOP frontrunner’s 2024 campaign?

We spoke with Liberty Nation’s Legal Affairs Editor Scott D. Cosenza to sift the facts from the fiction.

Mark Angelides: Let’s start with the obvious opening, Scott. How serious are the charges, and what are the criminal implications for the former president?

Scott D. Cosenza: Any single conviction on the federal charges may be effectively a life sentence for him. Just because the charges are entirely political doesn’t mean they are not serious. They are serious because of the potential consequences. Forget about headlines that talk about 400 years in jail – that is not a serious analysis, and for Trump is meaningless. He turns 77 today. Can he survive even ten years in prison?

MA: It has been widely reported that Trump is having difficulties forming a legal defense team. Is this as uncommon as it sounds? It seems to me that, as this is essentially a new legal arena, finding someone both experienced and qualified in the state of Florida might prove troubling for just about anyone.

SDC: Some of the “difficulties” surrounding Trump’s legal team are because of his legal situation. Few defendants face multiple simultaneous state and federal criminal investigations and charges across a wide geographic range. Other issues, however, are indicative of a legal team that doesn’t seem to be a team at all. Trump seems comfortable with greater disorganization concerning representation than many others would. In addition, Trump is the victim of a shunning campaign waged by so many on the left -- many large firms have refused and would refuse to represent him. One gets the sense that defending an admitted child-murderer would be more socially and professionally acceptable than having Donald Trump for a client.

MA: How does this impact Trump politically? I believe that even if he is found guilty, he could still continue his campaign and even serve as president. Is that right?

SDC: Trump may campaign for and serve as president regardless of these charges and their outcome. Democrat Lyndon LaRouche famously campaigned for president while incarcerated for mail fraud and other crimes. He won over 5% of the votes cast in the 1996 Democrat presidential primaries.

MA: There’s speculation that if the trial is drawn out to the point where the 2024 presidential election is upon us, the judge – Aileen Cannon – might delay the proceedings. If that happens, and Trump is ultimately found guilty, can he just pardon himself and put an end to the whole process?

SDC: Yes. Trump could and would also end the prosecution. This is a prosecution directed by the president, and if Trump wins the office, he will cancel it.

MA: Based on your legal knowledge and experience, what do you guess will be the former president’s defense against the indictments and subsequent trial?

SDC: With a case like this, there won’t be any single lane of defense. We can expect challenges on every issue, including interlocutory appeals, or appeals to other courts that occur while the proceedings are ongoing, including attempts to stay them. Trump sued the Biden administration regarding the Mar-a-Lago raid and shows every indication he will confront Biden’s prosecution at every turn.