Trump Should Be Detained Pending Trial Under The Bail Reform Act*

Photo by Umanoide on Unsplash

During his June 9, 2023 statement, Special Counsel Jack Smith said, “We have one set of laws in this country, and they apply to everyone.” Special Counsel Statement.

We’ll see how that works.

How many criminal defendants who are indicted for repeated violations of the Espionage Act, disclosure of highly classified information to people who have no authority to view it, extraordinary falsehoods and deception to thwart the investigation and cover up his possession and handling of sensitive documents, and corrupt concealment of classified records are not held in custody pending trial?

If you guessed almost none, you would be correct. See examples in Notes, below.

What about such a case that has overwhelming aggravating factors?

What about a defendant who:

· Has a demonstrated history of claiming the laws do not apply to him?

· Has effectively confessed to many of the charged crimes?

· Has a history of witness intimidation and influence?

· Was credibly accused of obstructing prior investigations into his misconduct?

· Is accused of illegally possessing and sharing “information regarding the defense and weapons…