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1. So I’ve been struggling to make sense of the SDNY’s APPARENT decision not to charge anyone else (beyond Michael Cohen) in the campaign finance crimes/setting up a sham corporation/hush money payments to Stormy Daniels, etc. The evidence clearly supports the conclusion that ...
2. Trump committed crimes (conspiracy and felony campaign finance violations). Based on the Michael Cohen search warrant documents released yesterday it seems that Hope Hicks may have been knee-deep in the conspiracy to make illegal hush money payments to Stormy Daniels and...
3. may have lied about her knowledge and involvement. We also know that Don Jr. was involved in cutting checks to reimburse Cohen for the illegal hush $ payments Cohen made for Trump. So with all this nefarious/criminal conduct why has the SDNY not brought more charges?
4. The SDNY is a strong, fiercely independent and appropriately agressive prosecutorial shop. As a result of that independence they’ve earned the somewhat tongue-in-cheek nickname, “The Sovereign District of New York.” They‘re not timid about charging wrongdoers. So...
5. what explains the fact that thus far there have been no additional charges? A few possibilities: stating the obvious, the ill-advised DOJ OLC memo says we can’t indict a sitting president, so it’s no surprise Trump is not (yet) indicted for the crimes he plainly committed...
6. How about Hicks & Don Jr.? Perhaps there’s insufficient evidence to charge them for participating in the conspiracy to violate campaign finance laws. Or perhaps Bill Barr is figuratively stepping on the necks of the SDNY prosecutors in effort to help Trump and company...
7. But there may be something very different going on here. Maybe there’s a tactical reason for waiting until the time is right to indict. If Hicks and/or Don Jr. was indicted now, Trump would almost certainly pardon them. But ...
8. if the SDNY waited to indict Hicks and Don Jr. until the day Trump leaves office then, voila, no pardon available. The SDNY prosecutors are not tactical slouches. I’m pretty confident they have a battle plan in place to minimize the risk of pardons for wrongdoers...
9. What appears to be inaction or timidity of interference by Barr may ACTUALLY be a thoughtful tactical approach to crime fighting. As a prosecutor, that’s how I’d play it. Given the dedicated, hard-working fed prosecutors of the SDNY, I choose to believe #JusticeIsComing
