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DOJ Now Looking at Two Espionage Cases as They Ponder Possible Trump Indictments: Legal Analyst

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During an appearance on MSNBC’s “The Katie Phang Show,” former U.S. Attorney Barbara McQuade explained why a report on how the Department of Justice is working diligently on how to prosecute Donald Trump for espionage indicates that investigators have the goods on the former president.

On Friday an MSNBC report stated a case in Hawaii and one in Kansas City that led to espionage charges are both being scrutinized for tips on how to pursue a Trump indictment, explaining it is “a major part of the calculus for Justice Department officials as they decide whether to move forward with charges against the former president over the classified documents found in his Florida home.”

According to McQuade, that means things have grown more serious for the former president.

“There are two questions that prosecutors ask themselves when deciding whether to bring charges,” the former prosecutor began. “The first is: can we charge? That is, is there sufficient evidence to prove the case? That’s the first question, but then there’s that second question: should we bring a case? That’s when the government looks to whether or not there’s a federal — substantial evidence to bring a case.”

ALSO IN THE NEWS: ‘A new election must be called for immediately!’: Trump flips out after another Senate win for Dems

“We want to have uniformity in the kind of cases you prosecute,” she elaborated. “In cases involving the mishandling of classified documents, typically prosecutors look for some aggravating factor beyond just mishandling. If you innocently bring home a document in your briefcase, typically that is not prosecuted. you might be disciplined. you might lose your clearance you might lose your job, but probably not be criminally prosecuted.”

“It’s some of those factors that she mentioned in the Hawaii case and others, whether the person acted willfully, that is they knew they were violating the law,” she told the host, “Whether they were disloyal to the United States, sold them to a foreign government for example, or whether they obstructed justice.”

“That’s probably the factor that is most salient in the Trump investigation,” she concluded.

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‘Unambiguous Felony’: Trump at Risk in IRS ‘Personal Vendetta’ Audit Investigation – Report

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According to a report from former Assistant U.S. Attorney Mitchell Epner at the Daily Beast, Donald Trump’s legal problems may be growing exponentially because there appears to be evidence he attempted to use the IRS to persecute political enemies before he lost re-election.

At issue, Epner wrote, are accusations from former White House Chief of Staff John Kelly that the former president demanded the IRS look into tax returns filed by, among others, former FBI Director James Comey and former FBI Deputy Director Andrew McCabe.

According to the legal expert, there is already an investigation by the IRS inspector general into the suspicious audits of the two FBI officials, with Epner writing, “As reported earlier this summer, both Comey and McCabe were subjected to highly unusual IRS audits. The odds of an individual randomly being subjected to this type of audit are similar to being struck by lightning. For both to be the subject of special audit by happenstance is about as likely as a whale falling from the sky and landing in the middle of a mountain range.”

As he notes, there is evidence Kelly is willing to provide evidence about Trump’s illegal demand, with Epner writing that “a president who unlawfully seeks to have an individual audited is subject to up to five years in prison. The crime does not require that the IRS actually carry out the audit. The crime is completed with the mere request.”

RELATED: The coming indictment of Donald Trump will break his power: former Obama lawyer

“If Trump made this demand while he was president, that is an unambiguous felony. Section 7217 of Title 26 of the United States Code makes it a crime for the ‘President’ to ‘request, directly or indirectly, any officer or employee of the Internal Revenue Service to conduct or terminate an audit or other investigation of any particular taxpayer with respect to the tax liability of such taxpayer,'” he wrote before adding, “Based on my training and experience as an Assistant U.S. Attorney who prosecuted tax offenses, I expect that each IRS employee along the chain of command kept detailed notes and records of who ordered them to conduct the audit, and on the facts that were cited to support that audit demand. I would not be surprised if each of those IRS employees cooperated with the DOJ, with all fingers pointing in Trump’s direction.”

He concluded that “the nice thing about prosecuting tax crimes is that the crimes are very clearly delineated. Few jurors have any sympathy for people who cheat on their taxes or wrongfully sic the IRS on an individual to carry out a personal vendetta.”

You can read more here.

 

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Trump Complains the ‘Fake News Went Crazy’ With Coverage of His 2-Hour Meeting With Notorious Racist He Won’t Condemn

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On Saturday evening, Donald Trump issued a fourth statement on his meeting with white nationalist Nick Fuentes and once again refused to denounce his racism and anti-Semitism.

Trump posted to his Truth Social account, “so I help a seriously troubled man, who just happens to be black, Ye (Kanye West), who has been decimated in his business and virtually everything else, and who has always been good to me, by allowing his request for a meeting at Mar-a-Lago, alone, so that I can give him very much needed ‘advice.’”

“He shows up with 3 people, two of which I didn’t know, the other a political person who I haven’t seen in years. I told him don’t run for office, a total waste of time, can’t win. Fake News went crazy,” Trump wrote.

Trump’s dinner has already become an issue in the 2024 presidential campaign and could play a role in determining the next Speaker of the House of Representatives. Trump’s ambassador to Israel condemned him dining with “human scum.”

Trump has received harsh headlines.

“Trump criticized for dining with far-right activist Nick Fuentes and rapper Ye,” headlined The Washington Post.

“Trump’s Latest Dinner Guest: Nick Fuentes, White Supremacist,” was The New York Times headline.

“Trump world reels after white nationalist dinner,” headlined Politico playbook.

“Trump’s former US ambassador to Israel blasts meeting with Ye, Nick Fuentes: ‘You are better than this,'” Fox News headlined.

NBC News headlined, “‘F—ing nightmare’: Trump team does damage control after he dines with Ye and white supremacist Nick Fuentes”

READ MORE: Trump’s Dinner With Kanye Also Included a Former Aide Accused in Pay-for-Pardon Play, and White Supremacist Fuentes

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‘Poisonous’: Former Advisor Says Republicans Have ‘Just Switched Trump Off in Their Brain’

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In an interview with The Guardian, one of Donald Trump’s former senior advisers stated that the word he is getting from people he has spoken to is that they want the former president to be put out to pasture after the poor midterm election results for Republicans weeks ago.

According to John Bolton, who served as Trump’s national security adviser, it’s time for the GOP to move on from the former president if the party wants to reclaim the Oval Office in 2024.

Bolton, whose tenure serving under Trump ended acrimoniously, told the Guardian’s David Smith that there are a multitude of reasons to put Trump in the rearview mirror, but the impact that the former president had on GOP fortunes in the midterms seems to be the final straw with many conservatives.

“There are a lot of reasons to be against Trump being the nominee but the one I’m hearing now as I call around the country, talking to my supporters and others about what happened on 8 November, is the number of people who have just switched Trump off in their brain,” Bolton explained.

ALSO IN THE NEWS: Trump’s new Mar-a-Lago scandal proves why aides want him to stick to a teleprompter

Elaborating, he continued, “Even if they loved his style, loved his approach, loved his policies, loved everything about him, they don’t want to lose and the fear is, given the results on 8 November, that if he got the nomination, not only would he lose the general election, but he would take an awful lot of Republican candidates down with him.”

“There’s no doubt Trump’s endorsement in the primary can be very valuable to a candidate in the Republican party. But relying on that endorsement or trumpeting yourself as the Trump-endorsed candidate is poisonous in the general election. So if you actually want to win elections, Trump is not the answer,” Bolton continued. “William F Buckley [the conservative author] once had a rule that in Republican primaries he supported the most conservative candidate capable of winning the general election and, under that theory, Trump loses.”

The Guardian’s Smith notes that Bolton “… joins Trump’s vice-president Mike Pence, secretary of state Mike Pompeo, attorney general William Barr, UN ambassador Nikki Haley, chief of staff Mick Mulvaney and onetime ally Chris Christie in a growing rebellion among alumni making the case – overtly or subtly – that Trump has become an electoral liability.”

You can read more here.

Image by Gage Skidmore via Flickr and a CC license

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