Former judge Andrew Napolitano holds the all-time record for most appearances on Fox News, with over 15,000 segments. To be sure, Napolitano leaned slightly Right, but he also has a solid record of calling out Republicans in situations where it was clear that they were in trouble and had to answer for something, especially when the conservative faced real consequences. Now Napolitano is a commentator for ultra MAGA Newsmax and believes Trump is the one who must answer for his choices and that Trump is about to face real consequences. Napolitano set out his views in an essay in the Washington Times:
It gives me no joy to write this piece. Even a cursory review of the redacted version of the affidavit submitted in support of the government’s application for a search warrant at the home of former President Trump reveals that he will soon be indicted by a federal grand jury for three crimes: Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it.
In a monumental irony, both Julian Assange, the WikiLeaks journalist who exposed American war crimes during the Afghanistan and Iraq wars, and Edward Snowden, the former NSA employee who exposed criminal mass government surveillance upon the American public, stand charged with the very same crimes that are likely to be brought against Mr. Trump. On both Mr. Assange and Mr. Snowden, Mr. Trump argued that they should be executed. Fortunately for all three, these statutes do not provide for capital punishment.
Napolitano didn’t point to the latest DOJ brief – he might have written the essay prior to DOJ filing the 36-page document – but Napolitano is doing exactly what DOJ expected to happen as their investigation, and ultimate plan move forward. It appears obvious that the DOJ wants the public, especially strong Trump supporters, to be ready for any possible charges that may be filed to avoid any element of surprise that would likely spark more intense immediate violence.
From the receipts taken from the search and in the memorandum filed on Tuesday, it is clear that the government has enough evidence to charge an anonymous regular person on the three charges Napolitano lists.
But again, DOJ wants to buy time. They do not want to appear to be playing politics and will thus make the case as clear as possible. They want to give Trump supporters time to at least expect the inevitable to reduce a shocked MAGA response. Additionally, the FBI clearly wants more time to investigate why Trump held this evidence, which could add more charges if Trump sold secrets. The government also needs time to assess just how much damage it has sustained by the breach.
But that doesn’t mean that Napolitano is wrong. It is likely that Trump will be indicted soon.
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