Category Archives: legal news

The docs ain’t yours, Donald

Donald J. Trump had this annoying habit during his time as president of referring to the Cabinet, the official White House staff, even the Joint Chiefs of Staff as his own.

Recall how he would refer to “my attorney general,” or “my generals” or “my presidency.”

Now comes word that the former POTUS has referred to the classified documents he took from the White House as “my documents.” How they “belong to me.

Uhh, no, Donald. They belong to me and all other Americans. The president with no knowledge of the Constitutional or the limits it places on the presidency has seized those documents and claimed them for his own use. That’s what the evidence so far has been revealing.

To be fair, Trump isn’t the only POTUS to take such ownership of public figures, public documents and public offices. I have lost count of the number of presidents refer to “my presidency,” or “my vice president” or “my national security team.” I seek while writing on this blog to avoid ascribing ownership of the presidency to the individual who occupies the office.

That said, Trump’s claim of ownership of top-secret and other classified papers sends chills up my back.

Listen up, Attorney General Merrick Garland: The man has to pay for such hubris.

johnkanelis_92@hotmail.com

Praying for DACA recipients

I am going to say my prayers tonight. Yes, I think often of my family and pray for their good health and safety and for my friends, many of whom have suffered death in their family.

I also am going to pray for the survival of a humane and to my mind a  totally acceptable public policy. The Deferred Action on Childhood Arrivals needs to stay on the books. Why? Because it grants U.S. residents who were brought here as children protection from being deported … even though they have done nothing wrong as de facto Americans.

The Texas Tribune reports: In 2018, Texas and other Republican-led states filed a lawsuit against the federal government arguing that the Obama administration overreached its power by creating an immigration program without Congress’ approval. The lawsuit has led to a yearslong legal battle.

DACA recipients prepare for possible end of program as court ruling looms | The Texas Tribune

DACA came into being as the result of an executive order issued by President Obama. It is meant to protect those who came here as children, some of whom were infants and toddlers. Many thousands of these children have grown into responsible adults; they have paid their taxes; many of them have achieved academic excellence.

What’s more, they did all of this in the only country they ever have known. Those who were brought here as children only did so because they were too young to act independently.

And now some of us want them deported? To a country they don’t know? It is inhumane to the max to punish these DACA recipients in this manner.

Therefore, I will pray that they can be allowed to stay in this country, allowed to seek citizenship or permanent legal resident status and be allowed to continue to contribute to the country where they came of age.

johnkanelis_92@hotmail.com

Are they pro-cop or not?

Thomas Webster has just become the latest symbol of the hypocrisy we hear coming from the mouths of politicians and their supporters who purport to be “pro law enforcement.”

Webster has just received a 10-year prison sentence for his participation in the 1/6 assault on our government, on the attack on Capitol Hill.

Webster happens to be a former New York police officer who was convicted of assaulting a Capitol Police officer during that heinous attack. A judge sentenced the ex-cop to the longest sentence yet coming from the myriad trials emanating from the 1/6 assault.

But where are the statements of support for Webster’s sentence from those on the right, those who — until the Age of Trump — were known to be pro-law enforcement, pro-police, pro-lock ’em up and toss the key.

These days we hear them condemning the cops, the FBI, the intelligence community.

The world has been upside-down. It’s making me dizzy.

johnkanelis_92@hotmail.com

Is that all there is? Yep, that’s it!

The Wall Street Journal, a longtime champion of conservative causes and those who promote them, wants to know why all the fuss over the FBI search of Donald Trump’s home in search of incriminating evidence.

The Journal, owned by Trump sycophant Rupert Murdoch, questions the release of the heavily redacted affidavit that gave FBI permission to go through Trump’s posh estate.

The newspaper editorializes: It’s possible the redactions in the 38-page document release contain some undisclosed bombshell. But given the contours of what the affidavit and attachments reveal, this really does seem to boil down to a fight over the handling of classified documents. The affidavit’s long introduction and other unredacted paragraphs all point to concern by the FBI and the National Archives with the documents Mr. Trump retained at Mar-a-Lago and his lack of cooperation in not returning all that the feds wanted.

I have to ask: Why question the motive behind the search … and no, I will not call it a “raid”?

There remains a lot behind those redacted passages we don’t understand. There might be the ol’ smoking gun in there. But from what I have been able to glean so far, the FBI said it had enough evidence of “probable cause” that a crime has been committed on Trump’s property. Hell, there might even have been crimes committed within the White House.

The release of the redacted affidavit is enough to persuade me that the federal government appears set to prepare an indictment or maybe two or three against — oh, you know — someone very high up in the government.

johnkanelis_92@hotmail.com

Evidence is clear …

Merrick Garland is facing one of the most complicated decisions imaginable, even as he considers what appears to be a mountain of evidence that, by all rights, should simply that decision.

The U.S. attorney general, a former judge who understands the meaning of legal precedent, is likely poring over evidence gathered that suggests — strongly, I should add — that he must indict a former president of the United States.

On what charge or charges? Let’s consider obstruction of justice, or inciting violence, or violations of the Espionage Act, or conspiracy to commit sedition.

Donald J. Trump, to put it as succinctly as I possibly can, is in a deep pile of doo-doo.

The FBI search of Trump’s home in Florida has produced evidence of a possible crime. We’ve all seen it now that the heavily redacted affidavit authorizing the search warrant has been released. The chatter is getting louder about the national security secrets that well might have been compromised when the ex-POTUS took those documents with him when he left office in January 2021.

Therein is where the AG faces the conundrum for the ages.

He says that “no one is above the law.” The means former presidents are as vulnerable to prosecution as, well, anyone. No ex-president ever has faced a criminal indictment.

The AG appears to be a careful man, not to mention a meticulous prosecutor. May he take great care in preparing what has been laid out before him. Then he can deliver justice where it belongs!

johnkanelis_92@hotmail.com

Resisting the pull of anticipation

Getting one’s heart to racing over the possibility that bad people will be made to account for the misdeeds can be dangerous to one’s emotional well-being.

I know that. Because I am suffering a bit from high expectations stemming from the myriad investigations into the conduct of a former president of the United States.

Yeah, that one … named Donald John Trump.

I keep hearing from commentators, legal eagles, constitutional scholars and assorted lawyerly minds that Trump is in deep doo-doo over many issues. He’s going to pay the price, they keep saying.

I’ll admit that I don’t listen to the Trump cultists/apologists who spend little time denying he did wrong but who question the motives of those who are doing the investigating.

I am resisting the temptation to get swept up in what I admit would be “joy” if indictments land on Trump’s thick but vacuous skull.

It’s tough, to be sure. I’ll remain strong.

johnkanelis_92@hotmail.com

So many options for AG and others to ponder

As I sit here in the peanut gallery far from Ground Zero in the Donald Trump investigation hotbed, I find myself thinking about the options that await the former president of the United States.

Only one of them looks good and at this moment it appears to be the farthest from taking shape.

Attorney General Merrick Garland is among those who are trying to determine whether to indict the ex-president on criminal charges. We also have the Fulton County (Ga.) district attorney looking into allegations of vote tampering and the New York state AG examining whether Trump’s business committed crimes. Oh, and then we have the House of Reps’ select committee examining whether Trump broke the law by inciting the mob of traitors to storm the Capitol on 1/6 and seek to stop the certification of the 2020 election … that Trump lost to Joseph R. Biden Jr.

There’s nothing cast in stone that says Garland must indict Trump on anything, let alone on the most serious charges he might be considering. The AG could determine there isn’t enough to send Trump to prison for the rest of his life, so he might decide to pursue lesser charges.

Then the DA in Fulton County, Fani Willis, also might determine that Trump didn’t really seek to interfere with the election by demanding that the state “find” enough votes to put him over the top.

New York AG Letitia James also could find that she doesn’t have the goods on Trump’s business, even though his chief financial officer has pleaded guilty to tax fraud and is awaiting a sentence.

And what about the House panel? The committee has compiled a mountain of evidence that suggests everything from inciting insurrection and dereliction of duty on 1/6. The testimony we have heard has been stunning in the extreme!

But you see, Trump is facing a mounting array of legal challenges … even as he supposedly ponders whether to run for the presidency yet again in 2024. My strong sense is that one of those challenges is going to fall hard on The Donald.

The least likely option would be for none of these probes to produce a formal criminal charge against the former president. I understand fully the gravity of taking such a step. I also grasp the blowback that would occur from the cultists out there who continue to excuse the ex-POTUS’s conduct at all levels in the period after the 2020 election.

It just occurs to me that the very last person on this Earth I would want to be is Donald John Trump.

johnkanelis_92@hotmail.com

‘Law and order’ gives way to chaos

A truly astonishing metamorphosis is occurring within what we used to call a great American political party.

The Republican Party used to believe in law and order, in the sanctity of the badge that men and women wore while enforcing the law, in their belief that a strong police force was the best deterrent against runaway crime and chaos.

What’s happened to the GOP?

The FBI secured a legally acquired search warrant to allow agents into the home of a former Republican president of the U.S.A. and suddenly the FBI has become the enemy.

Now we find political progressives — whom conservatives once denigrated as being “soft on crime” — rushing to defend the FBI against the attacks coming … from the right!

The metamorphosis is unbecoming in the extreme. For instance, it features physical threats against FBI agents, with threats of “civil war” coming from the very individuals who in another era would never utter such nonsense out loud.

The world has gone nuts!

It seems the change is the direct result of the cult that has formed around a former president of the United States. The cult places idolatry of the former POTUS ahead of all else, even time-tested policies and philosophies that once formed the basis of the once-great political party.

For as long as the cult dictates how Americans shall behave, there will be no making sense of what is occurring. It does require those of us who oppose the cult to remain vigilant and alert to the dangers the cult followers present.

Indeed, any “talk” of civil war must not devolve into the real thing. We did that once in this country. It nearly destroyed us.

johnkanelis_92@hotmail.com

Judge to unseal part of affidavit?

Call me surprised that the magistrate judge who issued the search warrant to allow FBI agents to look for evidence in Donald Trump’s home has indicated he will unseal part of the affidavit the feds produced to persuade him to act.

I thought he should keep the affidavit secret, that it would jeopardize the investigation into whether Trump broke any laws when he squirreled classified documents away from the White House.

Right wingers, along with Trump, argued that the judge, Bruce Reinhart, unseal all of it in the name of total transparency.

He appears to be splitting the difference.

Trump’s legal woes enter yet another protracted phase – POLITICO

My hope going forward is that the Justice Department will be able to continue in its pursuit of the truth behind the 1/ 6 insurrection; so will the House select committee examining that assault on our democracy … at Trump’s behest.

This is a hyper-sensitive case that needs, in my view, hyper-sensitive eyes and ears that protect the evidence against those who could use it against the government’s pursuit of the truth.

johnkanelis_92@hotmail.com

Keep it secret, feds

Now comes word that Donald J. Trump and his dwindling ranks of allies want the federal government to unseal the affidavit that prompted the judge to approve a request by the FBI to search Trump’s south Florida home for criminal evidence.

I’ll join those who suggest that releasing that document would be a mistake, that it could compromise the probe and that Attorney General Merrick Garland acted in good faith when he sought permission to send in the agents.

The FBI has collected a substantial amount of paperwork that Trump took from the White House when he left office in January 2021. Some of it appears to be, um, highly classified. That’s a no-no. There could be violations of the Espionage Act and the Presidential Records Act that the Justice Department will consider as it ponders whether to indict the former POTUS.

The affidavit, though, is another matter. I am all in favor of transparency. However, if it compromises a criminal investigation, then there ought to be limits on how much we see.

As I have noted before, I trust the AG implicitly to be a man of high honor and integrity. He said he will “follow the law” wherever it leads. I believe he is doing that. He also is arguing that the affidavit need not be revealed for all the world to see.

Let the man and our Justice Department do their job.

johnkanelis_92@hotmail.com