If Alleged DOJ Misconduct Is True, A Judge Could Dismiss The Whole Case Against Trump

The Federalist Header

The conduct claimed is perhaps unprecedented and certainly flagrant. If proven true, the judge would be well within her rights to consider dismissal.

Lost in the breathless headlines over the indictment of President Trump for alleged violations of the Espionage Act is a story that deserves much more attention than it has received thus far: the allegation that a senior official at the Department of Justice attempted to shake down Trumpโ€™s co-defendantโ€™s lawyer. It is a scandal in the making that could result in the investigation of senior DOJ officials, which should lead to public congressional hearings, and that might even result in the entire case against Trump being dismissed. 

Trumpโ€™s co-defendant is Waltine โ€œWaltโ€ Nauta, a Navy valet who served in Trumpโ€™s White House and who remained a personal aide to Trump after he left office. Several weeks ago, Nautaโ€™s lawyer, a distinguished, highly-regarded Washington attorney named Stanley Woodward, leveled accusations against senior members of the Department of Justice, including DOJ Counterintelligence Chief Jay Bratt, who is now a part of Special Counsel Jack Smithโ€™s team of prosecutors. According to news reports, Woodward claimed in a sealed letter to D.C. District Chief Judge James Boasberg that, in a meeting to discuss Nautaโ€™s case, Bratt indicated that Woodwardโ€™s application to be a D.C. Superior Court judge could be impacted if he could not get Nauta to testify against Trump.

If true, and I see no reason why Woodward would make such a threat up โ€” and especially no reason why Woodward would risk his career by making such a representation to a federal judge โ€” Brattโ€™s alleged misconduct could result in heavy sanctions, and is a potential ground for dismissal of the entire case against Nauta and Trump. Depending on what exactly was said, Bratt could even face criminal prosecution himself.

In cases of flagrant prosecutorial misconduct, courts have the discretion to dismiss indictments altogether. If Woodwardโ€™s claims are proven, U.S. District Judge Aileen Cannon would be well within her rights to consider a dismissal here. The conduct claimed is perhaps unprecedented and certainly flagrant, amounting to nothing less than an effort by a high-ranking DOJ official to deprive a defendant of his Sixth Amendment right to counsel through inappropriate and potentially unlawful acts. 

By Will Scharf

Read Full Article on TheFederalist.com

The Federalist
The Federalisthttps://thefederalist.com/
The Federalist is an American conservative online magazine and podcast focused on culture, politics, and religion. "Be lovers of freedom and anxious for the fray".

Columns

How a Chinese Government Statistician Was Forced to Report Fake Data

Chinese local govt employee produced a non-authorized report on bees and was visited by police and threatened with being sent to a mental hospital.

โ€˜This One Time, at Groomer Campโ€™

All Camp Brave Trails programs focus on helping LGBTQ+ youth find what they need most to thrive: their people, their place, and their passion.

Why Recognizing a Palestinian State Now Undermines U.S. Interestsย 

A recent American Conservativeย article suggests President Trump recognize a Palestinian state, but this would undermine the interests of the United States.

Harvardโ€™s China Ties Under Scrutiny as US Targets Student Visas

Following Trump adminโ€™s action to vet Chinese nationals studying in US for ties to the CCP, Harvard's involvement with Beijing has come to the fore.

The Russian-Ukrainian Talks Are At An Impasse That Only The US Or Brute Force Can Break

The second round of Russian-Ukrainian talks in Istanbul resulted in no progress and talks are at an impasse that only the US or brute force can break.

News

Guatemalan Deportee Arrives in US After Judge Orders Trump Admin to Facilitate Return

โ€œAmericaโ€™s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card,โ€ McLaughlin said.

Trump-Musk Feud Escalates Over Spending Bill: 5 Things to Know

A public feud between Musk and Trump took a turn for the worse. Musk claimed president wouldnโ€™t have won without him and president suggested Muskโ€™s subsidies could be pulled.

Supreme Court Rules 9-0 Wisconsin Violated First Amendment by Denying Tax Exemption to Catholic Charity

Supreme Court ruled unanimously that WI violated the First Amendment by not granting Catholic charity an exemption from paying unemployment tax.

Appeals Court Rules San Diegoโ€™s Yoga Ban Is Unconstitutional

The city of San Diegoโ€™s ban on yoga classes in public parks and beaches was ruled unconstitutional by a federal appeals court.

Supreme Court Rejects Mexicoโ€™s Lawsuit Against Gun Companies

SCOTUS said gun companies should not face lawsuit in which Mexican govt was trying to hold them liable for cartel-related violence involving firearms from US.

FDA Not Recommending Newly Approved COVID-19 Vaccine: Official

FDA approved a new COVID-19 vaccine but is not recommending people receive it, the agencyโ€™s top vaccine officials said on June 4.

Self-Sufficiency Summits in Ohio Reflect Surging Interest in Homesteading

After an age of reliance on store-bought items, many Americans are returning to a self-sufficient lifestyle and growing and raising the food they consume.

Judge Requires Trump Admin to Provide Due Process for Deportees in El Salvador Prison

Boasberg ordered Trump admin to provide habeas relief for individuals it deported and are held in Salvadoran maximum security prison.
spot_img

Related Articles