Trump Indictment # 2

First there was an indictment against Former President Donald Trump coming out of the Manhattan DA's office - here (Indictment # 1)

Now there is a federal indictment against Former President Donald Trump coming out of an investigation of Special Counsel Jack Smith into the alleged conduct by Trump in handling sensitive classified documents and conduct responsive to requests by DOJ for return of these documents - here. 

It remains to be seen if the former president will face additional indictments in Georgia or Washington, DC. 

Here are some thoughts of Indictment # 2 -

1. The Indictment charges Trump with 37 counts - the charges are: 31 counts of Willful Retention of National Defense Information (793(e)); 1 count of Conspiracy to Obstruct Justice (1512(k)); 1 count of Withholding a Document or Record (1512(b)(2)(A)); 1 count of Corruptly Concealing a Document or Reconrd (1512(c)(1)); 1 count of Concealing a Document in a Federal Investigation (1519); 1 count of Scheme to Conceal (1001(a)(1)) and 1 count of False Statements and Representations (1001)(a)(2).
2. The Indictment charges Waltine Nauta with 6 counts - the charges are  1 count of Conspiracy to Obstruct Justice (1512(k)); 1 count of Withholding a Document or Record (1512(b)(2)(A)); 1 count of Corruptly Concealing a Document or Reconrd (1512(c)(1)); 1 count of Concealing a Document in a Federal Investigation (1519); 1 count of Scheme to Conceal (1001(a)(1)) and 1 count of False Statements and Representations (1001)(a)(2).
3. The 44 page Indictment (49 if you count the Trial Attorney Certificates) is detailed – but it is not a speaking indictment (there are no irrelevancies in the Indictment).  Compare this to the Michael Sussman indictment of one count that was 27 pages and resulted in a jury verdict of not guilty. 
4. Special Counsel Jack Smith's statement from his press conference on Friday afternoon is professional, limited (only 347 words), and he does not grandstand - see here. This emphasizes that this is a non-political investigation. He makes a point of noting that "It’s very important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law." 
5. Some of this case appears to come from former President Trump's prior lawyers.  The attorney-client privilege is sacred, but it can be pierced when the client attempts to use the lawyer to commit a crime or fraud. 
6. It is difficult to try a case involving classified material as the government will likely not want to disclose the actual classified material.  But that should not present a problem here as the charges go to obstructing justice, concealing information, and false statements.  The actual content, other than it being a high security level and having potential damage to national security, should not be an issue.
7. Should a judge who is appointed by the accused remain on the case? Remember, this is not a situation of looking at a policy or action of the plaintiff or defendant, this is a criminal case and the defendant appointed the judge to her position.  
8. One has to give Jack Smith credit for filing this in Florida.  He could have stetched the envelope and charged it in DC, but instead he did the right thing and followed venue rules that should be adhered to. 
9. If these same charges were against any other defendant, would it be likely that they would result in a quick plea? But a defendant has the right to challenge charges against him or her and the right to a trial by jury.
10. Attorney General Merrick Garland has removed politics from the DOJ, which is a good thing. He even removed himself from this case and appointed a special prosecutor.   Remember Jack Smith handled the prosecution against Democrat John Edwards, who was not convicted. Claims that this is a political indictment have no basis. 

(esp)