Trump’s defense will do that. In his birthday message last week at his New Jersey golf club, Trump laid out his defense: He will assert that he complied with the Presidential Records Act and was entitled to retain whatever papers he believed fit his description of belonging to him.įurther he will claim that his political rivals politicized the Justice Department to indict him and that had the law been applied without “fear or favor,” Bill and Hillary Clinton, Joe Biden and others would have been prosecuted for mishandling privileged information. Trump even accused former Vice President Dick Cheney of using shredders at his home, presumably to destroy sensitive material. Regardless of when the trial occurs, if Trump is found guilty, it will be appealed. One strategy noted below relies on this proposition. The longer the final verdict can be delayed, the better the chances that Trump can elude or defer judgment.īut suppose Trump is tried before the election. Besides the obvious ploy to find at least one juror to vote to acquit, what other legal strategies might the defense employ to counter what appears to be sufficient evidence to convict? The aphorism is that if the law is on your side, argue the law. If the facts are on your side, argue the facts. If neither is on your side, just argue. Yet, Trump might beat the rap. Defense attorneys have already argued that the first play is to have the charges dismissed although on what grounds remains unclear. Next, delay, delay, delay will be the tactic. Can the trial be deferred until after the November 2024 election? And if Trump wins, can he pardon himself?
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