Attorney and legal commentator Joe diGenova told Newsmax Monday that former President Donald Trump’s criminal case regarding the mishandling of documents after leaving the White House could be decided on a variety of likely motions and legal issue decisions before it ever sees a jury.
“This case is going to be won on motions and on arguments to the jury,” diGenova said during “American Agenda” Monday. “Donald Trump will file motions to dismiss based on selective prosecution. He's going to file motions to suppress the evidence because of statements taken from his lawyers in violation of the attorney client privilege, even though a judge in Washington ruled that those statements could be presented to the grand jury.”
He said the issue is now ‘brand new’ in front of the trial judge, Aileen Cannon, who may well decide to reverse the earlier rulings and exclude the lawyers’ testimony.
Trump is facing more than 35 federal charges of mishandling the documents under the 1917 Espionage Act.
He also said that she could also suppress the documents seized in the F.B.I. raid on Trump’s Mar-a-Lago estate in Florida last year because the search warrant may have been “overly broad.”
“When those documents were seized, the F.B.I. went in, and they seized documents that were in boxes,” he said. “But lo and behold that night on national television, you saw a photograph of documents spread out on the floor with classified labels on the markings. That wasn't the way the F.B.I. found those documents. They put them on the floor like that, to embarrass the President of the United States.”
He said this was all part of a selective prosecution against Trump, and abuse of prosecution tactics, which was also criminal when the photos were “leaked” to the media.
“I think what's going to happen is the president’s lawyers are going to argue all those motions before trial, and then during trial. They're going to argue that he was selectively prosecuted and they're going to mention [former Secretary of State] Hillary Clinton, [President] Joe Biden and [former F.B.I. Director] James Comey. The judge has the right to allow that, and in this case, she very well may allow them to make that argument.”
He said that the legal issues in the case would likely first go to the 11th District Federal Court on appeal but could rise to the U.S. Supreme Court to ultimately decide.
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