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This is what I was trying to explain yesterday!! My WaPost subscription allows me to gift this article. You can read it here: wapo.st/3BXJEQy People were asking me what Trump's legal defense team SHOULD be doing for him in the Mar-a-Lago case . . . 1/

Sep 30, 2022 · 6:58 PM UTC

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This is Twitter, so my answer was scattered around, but basically, I've been saying that from a defense perspective, the kind of fighting happening in the Mar-a-Lago case is beyond stupid. When a client is caught red-handed. . . nitter.fdn.fr/Teri_Kanefield/s… 2/
Normally, if a defendant finds that he is the target of a criminal investigation, he does an assessment with his lawyer (ideally, a good criminal defense lawyer). First, they evaluate the case. Do they have any defenses? Any reason to hope for a court win? 1/
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. . . and has burned through his defenses, he should be "suing for peace." Kise, apparently, gave the same advice. He said, "turn down the temperature." The level of combativeness in Trump's filings this week made me cringe (as a defense lawyer). Kise tried to prevent it. 3/
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Kise used the phrase "find an off-ramp." It is what any good defense lawyer would try to do for a client in the pre-indictment stage. At this point, it's clear Trump will be indicted, but he probably could have avoided it had he been smarter from the beginning. 4/
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Here is where I explain more fully⤵️ I suspect that Philbin and Herschmann also tried to find an off-ramp for Trump. I fully understand that Trump would never listen to good legal advice, and in fact, he uses lawyers to try to get around the law. 5/
Normally, if a defendant finds that he is the target of a criminal investigation, he does an assessment with his lawyer (ideally, a good criminal defense lawyer). First, they evaluate the case. Do they have any defenses? Any reason to hope for a court win? 1/
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Trump is the target of a criminal investigation. He is in the pre-indictment stage, meaning that a grand jury is hearing evidence and he is likely to be indicted. He brought this lawsuit to try to prevent evidence from going to a grand jury . . . 6/
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. . . while Cannon is doing everything she can to help him, the classified documents have been removed from the case. The criminal investigation into those is continuing. So he is the plaintiff in this case and a potential criminal defendant. 7/
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At this point, it's too late for an off-ramp, but he could be reducing his criminal liability instead of behaving stupidly and increasing it. Okay, I'll take off my defense lawyer hat, except to say: if you ever get in trouble, stay quiet and listen to your lawyer. 8/
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I will put this (edited and making better sense) into my weekend blog post, so if you have questions that will be a better place to ask. You can subscribe here (my blog is always free) and I'll send an email when it's ready. eepurl.com/h4xCMr
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Replying to @Teri_Kanefield
Thanks for pointing out this article. I think it’s really crazy there’s still talk of 45 avoiding criminal charges. He never should have received any of the insanely special treatment he’s been getting.
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Replying to @Teri_Kanefield
But doesn't it mean that if a poor person and a rich person violate the same law, the rich person doesn't avoid punishment just because of status? And if that's the case, why should Trump avoid indictment?
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That was harsh, sorry. I should have referred you to an explanation. Read my FAQs. They are in my pinned tweet.
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