OPINION: The DOJ should have waited and brought the case in D.C. where it would have had a better jury pool and–most importantly–no Judge Aileen Cannon.
I never thought I would be saying that the Justice Department should have waited before charging former PresidentThe reason for waiting would have been the fact that on Thursday – one week after Trump was charged in Florida–the U.S. Supreme Court handed down the decision in, a case that decided whether the wrong choice of venue in a criminal case would not only be reversible error but also irreparable error–meaning that the case could not be re-tried in the correct venue.
Venue is a Constitutional right because it is imbued in the Sixth Amendment which required that a defendant be tried “wherein the crime shall have been committed.” But the argument that Timothy Smith–no relation to Special Counsel Jack Smith–made was that an error in choice of venue was irreparable and the defendant could not be retried.
Prosecutors are risk averse. They don’t like breaking new ground and this case is nothing if not breaking new ground. DOJ went months –as did the National Archives–asking and essentially negotiating with Trump to give back the documents, even issuing a grand jury subpoena and sending the chief of counterintelligence to Mar-a-Lago to ask for the documents – nicely.
However that holds little water because Trump’s entire defense involves delay with every day. It is part of the game of eating up the clock as the former president approaches the 2024 election season.
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