TWIT: The Mar-a-Lago Papers

What do Herr Trumpillini and the Russian military have in common? America's Top Secrets? No, they are both loosing.  Trumpillini suffered significant setbacks this week in his battle to avoid indictment for his crimes. Readers may remember federal district Judge Carter in Oakland who ruled against former law professor and Trump minion, John Eastland.  Eastland is litigating the surrender of communications with Trump regarding the coup and insurrection. This week Carter specifically found that certain communications were not protected by attorney-client privilege because of the crime-fraud exception to the privilege. These communications must now be turned over to the House Select Committee. This is the first time such a significant evidentiary finding has been made, and deals a death blow to one of the primary defenses used by Trumpworld to prevent evidentiary discovery in the investigation of the events leading up to the January 6th riot.

In Georgia where a special grand jury in Fulton County is examining election interference by Der Leader, Senator Lindsey Graham has been ordered to testify after loosing his appeal of his subpoena to testify.  Lindsey claim he called the Georgia Secretary of State as part of his official duties as a US Senator making his communications privileged under the Constitution's speech and debate cause.  The Select Committee formally issued a subpoena this Friday for Trump's testimony under oath and documents related to the coup attempt.  Steve Bannon, a leading strategist in the Trump long con, was sentenced to four months imprisonment for two misdemeanor counts of contempt of Congress, but remains free pending appeal.  Trump's business, Trump Org, goes on trial for civil tax and financial fraud in New York next month. His former CFO, Alan Weisselburg, must testify for the state under his plea agreement.

Special Master Judge Raymond Dearie in Brooklyn has proven himself unsympathetic to Trump's cause. He chided the Trump lawyers for missing a filing deadline in the quibble over individual documents.  Apparently, only fifteen documents are in dispute as to whether they are protected from disclosure. The desperate Trump lawyers are reduced to making conflicting claims, alleging some documents are personal, yet still protected by Executive privilege.  The Justice Department responded saying personal papers are seized all the time in searches pursuant to lawful subpoenas for evidentiary purposes, and Executive privilege does not apply within the Executive branch of government, of which DOJ is a part.

The Mar-a-Lago Papers criminal case is the most potentially dangerous for the former guy.  It is a relatively simple matter to prove that a) he possessed classified US secrets; b) he took them from the White House and stored them in insecure locations (including his desk drawer) commingled with personal and non-classified government documents; c) he did not give all government property back when asked for it, and attempted to conceal documents from officials; and d) he knew the government papers did not belong to him.  Indications are that Justice is finally moving in the direction of an indictment of Trump.  Cash Patel, his leading former staffer who was the intermediary with the National Archives seeking return of the records, was summoned to testify before a DC grand jury. But for Trumpillini being a former president, he would already be in jail awaiting trial.

He's sweating now!