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Luttig, who was appointed to the bench by George H.W. Bush and was floated as a possible GOP Supreme Court pick, wrote on Tuesday night that any administration, Democratic or Republican, would have charged Trump for violating the Espionage Act and other federal statutes:EX Conservative Judge Puts Trump in his place= any AG would indict Trump Under the circumstances
Conservative ex-judge: Trump ādaredā DOJ to prosecute him
Former federal Judge J. Michael Luttig is putting Donald Trump in his place ā and making a record ā once again.
Maybe Republicans could remember they had morals once.Maybe he can find 49 other ex-judges to sign a letter.
Luttig, who was appointed to the bench by George H.W. Bush and was floated as a possible GOP Supreme Court pick, wrote on Tuesday night that any administration, Democratic or Republican, would have charged Trump for violating the Espionage Act and other federal statutes:
Indeed, following Trump's arraignment, Luttig wrote that the defendant ādared, taunted, provoked, and goadedā Smith and his team to bring charges:
Echoing points Iāve made here on the Deadline: Legal Blog that Trumpās alleged obstruction is likely what put him over the edge into charging territory, Luttig wrote that Trump ācould have avoided and prevented this prosecutionā and āwould never have been indicted for taking these documents.ā
The former federal judgeās point aligns with past Justice Department practice, as Iāve noted in explaining why others whoāve cooperated in classified documents investigations ā such as Pence ā havenāt been charged but Trump has.
Luttigās lessons likely wonāt reach Trump supporters as they desperately mount avant-garde legal defenses by misreading and misapplying the Presidential Records Act and prior precedent.
But itās nonetheless important to make these points ā not only for those willing to hear them but for the historical record as well.
Maybe Republicans could remember they had morals once.
EX Conservative Judge
Luttig, who was appointed to the bench by George H.W. Bush
Luttig, who was appointed to the bench by George H.W. Bush and was floated as a possible GOP Supreme Court pick, wrote on Tuesday night that any administration, Democratic or Republican, would have charged Trump for violating the Espionage Act and other federal statutes:
Indeed, following Trump's arraignment, Luttig wrote that the defendant ādared, taunted, provoked, and goadedā Smith and his team to bring charges:
Echoing points Iāve made here on the Deadline: Legal Blog that Trumpās alleged obstruction is likely what put him over the edge into charging territory, Luttig wrote that Trump ācould have avoided and prevented this prosecutionā and āwould never have been indicted for taking these documents.ā
The former federal judgeās point aligns with past Justice Department practice, as Iāve noted in explaining why others whoāve cooperated in classified documents investigations ā such as Pence ā havenāt been charged but Trump has.
Luttigās lessons likely wonāt reach Trump supporters as they desperately mount avant-garde legal defenses by misreading and misapplying the Presidential Records Act and prior precedent.
But itās nonetheless important to make these points ā not only for those willing to hear them but for the historical record as well.
