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Has the deep state found the silver bullet to finally take down President Trump? Could this classified documents scandal dismantle the America First movement? It’s a question that both critics and supporters of President Trump are currently asking. Will the regime succeed in securing a conviction against him? Well, if you’re asking that question, you’re barking up the wrong tree according to Constitutional Law Professor Jonathan Turley. He says focusing on whether Trump will end up in prison is the incorrect approach. The more important question should be whether Trump is liable to face imprisonment.
Jonathan Turley:
The better question would have been the odds on Trump going to prison, not his odds of conviction. They are distinctly different propositions, and there is a reliable spread on that possibility.
On the merits, much can occur between now and a conviction. While the government has the advantage in this federal indictment, there are challenges being planned to attack the use of the Espionage Act, the use of statements made by Trump to his former counsel, and other issues. Moreover, with almost half of the country saying they view this prosecution as politically motivated, Department of Justice special counsel Jack Smith could face a hung jury even if the indictment is found to be valid.
However, the odds of Trump going to prison could depend more on the court of public opinion than on the court of law.
Republican presidential candidate Vivek Ramaswamy has pledged to pardon Trump and challenged other candidates to do likewise. The pressure to do so will only likely increase as candidates attempt to lure away some of the 80 percent of Republican voters who view this as politically motivated.
Turley acknowledges that the government does hold the upper hand in this particular situation. Looking at past cases that have become politically charged, such as the Douglass Mackey case, where he was found guilty of conspiracy for sharing an anti-Hillary meme, it becomes clear that these convictions are relatively easy for federal authorities to secure. They seem to have turned “conspiracy” into a sort of conviction honeypot.
On the merits, much can occur between now and a conviction. While the government has the advantage in this federal indictment, there are challenges being planned to attack the use of the Espionage Act, the use of statements made by Trump to his former counsel, and other issues. Moreover, with almost half of the country saying they view this prosecution as politically motivated, Department of Justice special counsel Jack Smith could face a hung jury even if the indictment is found to be valid.
However, the odds of Trump going to prison could depend more on the court of public opinion than on the court of law.
Republican presidential candidate Vivek Ramaswamy has pledged to pardon Trump and challenged other candidates to do likewise. The pressure to do so will only likely increase as candidates attempt to lure away some of the 80 percent of Republican voters who view this as politically motivated.
Thus, the odds of Trump going to prison could well be the same as the odds of him or another Republican winning the 2024 presidential election.
Many argue that President Trump couldn’t pardon himself, that he’d have to jump through hoops, turn power over to the veep and have he or she pardon him, but Professor Turley says that’s not true.
Some observers are suggesting that if Trump were elected, he could not give himself a pardon. There is even a suggestion that he would need to temporarily relinquish power to his vice president under the 25th Amendment to allow him or her to pardon Trump.
That is not necessary. Presidents can issue self-pardons. While there are some legal and political analysts who believe self-pardons are impermissible, I have long disagreed. Indeed, five years ago, I wrote how Trump’s future could come down to a self-pardon. While I do not agree with self-pardons, I do not see any constitutional barrier to the use of such presidential power.
Article II, Section 2, of the Constitution defines the pardon power as allowing a president to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” There is no language specifying who may or may not be the subject of a pardon. The president is simply given the power to pardon any federal crime.
President Trump has faced countless attacks from the regime; including pandemics, fraudulent impeachments, illegal mail-in ballots, and now indictments. While most Americans believe these accusations have been fabricated and exploited for political reasons, it is also important to remember the disastrous state of our judicial system. Sadly, instances of injustice have become quite common amongst conservatives, who are often targeted and convicted simply because they don’t support the current regime.
Trump’s best bet for his legal defense is to secure re-election and grant himself a federal pardon. The regime is fully aware of this and will go to any lengths to stop him. Get ready for a bumpy and contentious political ride. Things are going to get very ugly.
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