Emptywheel: Next steps in Trump stolen documents investigation

[Fiendish Thingy]

https://www.emptywheel.net/2022/08/21/next-steps-in-the-trump-stolen-documents-investigation/

A number of people have gotten impatient that the search of the former President’s golf resort has not yet yield an indictment. “If you or I did what he did,” a common refrain goes, “we’d already be in prison.”

I often point to the example of Joshua Schulte, the former CIA coder convicted last month of the Vault 7 and 8 leaks. He wasn’t jailed until almost nine months after the initial search of his apartment, and only then because he violated bail conditions on charges related to Child Sexual Abuse Materials allegedly found on his server. He wasn’t charged on the Espionage Act charges until 15 months after that initial search.

And it sounds like Trump won’t be charged anytime soon. At a hearing before Magistrate Judge Bruce Reinhart last week, the head of DOJ’s counterintelligence section, Jay Bratt, said the investigation is in its “early stages.” That may suggest that Trump or others are suspected of more than just storing classified information in insecure conditions and refusing to give it back. Perhaps the people entering and exiting the storage closet at Mar-a-Lago did something more than just hide stuff from DOJ. Or perhaps the obstruction investigation — which may be obstruction of this investigation or others — is more complex than we imagine (which isn’t hard, because most journalists are simply ignoring that suspected crime).

Whatever the reason Bratt stated that DOJ will need to do significant further investigation, there are steps that would be required in any case. There are four steps that the FBI would take before considering charges.

Much, much more at link, including details of the likely next steps in the investigation:

Filter Review
Scope Review
Classification Review
Inventory

[Joinfortmill]

1. Thank you. Tick Tock.

[Tetrachloride]

2. It sounds like the DOJ is afraid of Trump

[SoCalDavidS]

3. This Still Comes As A Surprise To Many

Every day there seems to be threads about how he's going to be indicted. How he's going to be sent to jail.

I don't expect either of those things to happen, tomorrow, next month, next year, or EVER.

He's ABOVE THE LAW, and he knows it.

[Fiendish Thingy]

4. Not how I read it

If they took 15 months to charge, and even longer to successfully convict Schulte for some of the same crimes listed on Trump’s search warrant, then I would expect DOJ to show the same meticulous process for successfully prosecuting Trump.

[Ocelot II]

5. No, they are simply following normal procedures.

Read the linked article. That's how it works and why it takes awhile.

[Jarqui]

10. +1

[crickets]

6. Very informative. Thanks for this. K&R

[Tetrachloride]

7. normal procedure has been fucked and its time to fuck back

[stopdiggin]

8. well, that's helpful

So we should not follow SOP and fairly rigorous 'process' on this case?

Gee - bet that'll go over well ... --------- -----

[Ocelot II]

12. We don't need no stinkin' due process! Off with his head! If they're pissing on the Constitution

that means we get to do it too, right?

[stopdiggin]

13. I don't think these people realize that they are

equally dangerous to the system, as those they so ardently and vehemently oppose.

(and then, more chilling still - have to believe that some of them actually do ... )

[stopdiggin]

9. thank you! emptywheel is a solid source

valued reading.

[Jarqui]

11. +1

[empedocles]

14. So thorough

[Poiuyt]

15. In 15 months, we'll be well into the 2024 presidential election season

If Trump is running, will Garland indict him? My guess is not.