The DOJ double standard
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Didn’t someone at Justice point out that a search in this case would draw comparisons to Hillary Clinton’s mishandling of classified information before her 2016 presidential campaign? She was never prosecuted, as Mr. Trump was quick to point out. Unless Mr. Trump’s offense involves a serious risk to national security, half of America may see the Trump search as an example of unequal justice.
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This may not be the full FBI story. Multiple media reports suggest that Justice has opened a grand jury probe into the events of Jan. 6, 2021, and Mr. Trump may be a target of that investigation. The House committee investigating Jan. 6 has been cheering for a prosecution, and the political and media pressure is intense on Attorney General Merrick Garland to indict Mr. Trump. The FBI search may be a fishing expedition to find evidence related to Jan. 6.
On the public evidence so far, a Jan. 6 indictment would be a legal stretch. Political responsibility isn’t the same as criminal liability. In our view, the evidence would have to show that Mr. Trump was criminally complicit in that day’s violence at the Capitol.
Given its inherently political nature, the burden of proof is especially high for indicting a former President, all the more so for an Administration of the opposition party. The evidence had better be overwhelming—not merely enough to convince a 12-person jury in the District of Columbia, but enough to convince a majority of the American public.
Then there is the fraught history between Mr. Trump and the FBI and Justice. The Russia collusion probe was a fiasco of FBI abuse of process and public deception. Current FBI director Christopher Wray was Mr. Trump’s choice to succeed the disastrous James Comey, but the bureau still has a serious credibility problem.
That the Mar-a-Lago raid occurred only about 90 days from a national election also increases the political suspicion. Democrats want to keep Mr. Trump front and center in the midterm campaign, which is why the Jan. 6 committee is continuing into the autumn.
Anyone who thinks an indictment and trial of Mr. Trump would go smoothly is in for a rude surprise. Millions of his supporters will see this as vindication of his charges against the “deep state,” and who knows how they will respond. Has Mr. Garland considered all of this?
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This also needs to be judged in the context of some of the other off-the-wall conduct of the Biden DOJ.
See, also:
Thomas Massie Exposes the DOJ's Intent Behind the Seizure of Scott Perry's Phone
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See, also:And:
FBI searched Melania’s wardrobe, spent hours in Trump’s private office during Mar-a-Lago raid
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