QUESTION: In “The Trump Florida Indictment Violates the Constitution,” you recommend that Trump’s lawyers should file motions to dismiss based on substantive due process violations. I am a lawyer and believe you’re correct. Any speculation as to why they don’t?
FS
ANSWER: Not sure if they are representing him. This has never been done before. It is certainly a ripe question of first impression for the Supreme Court. I would be jumping all over this.
My concern is that there has to be a reason they are NOT really defending him. They may have been intimidated by the government. They imply the IRS might personally audit them if they do not cooperate. I am stating this OPENLY for someone had better really defend Trump, for this is more than him; this is the entire rule of law on trial here. As you know, once they create a precedent, they will cite Trump’s case and start indicting people in one district after venue shopping and then put them on trial only to comply with the 6th Amendment.
They already rig the selection process for judges more often than not. Here is my docket sheet. Judge McKenna granted my motion to compel the government to explain the case against me because they constantly changed the theory. The prosecutors went to the Chief Judge and had my case removed from Judge McKenna to John F. Keenan, who, on the first day, overruled Judge McKenna and denied my motion after McKenna had granted it. The Chief Judge then sealed my docket so I could never see how they rigged my case. I have witnessed every dirty trick in the book that these people pull.
The court-appointed lawyer David Cooper never said a word. This was an outright denial of my Due Process right, and he REFUSED ever to file an appeal. The Supreme Court has subsequently held that a lawyer who refused to file an appeal is ineffective assistance of counsel. I believe the government threatened him, and they may be doing the same to Trump’s lawyers. Of course, they will never admit that.