The Justice Department's Approach to Investigating Trump

We’re back with another episode of Serious Trouble. And this week, Ken feels compelled to summon the scream of a goat to express his feelings as we add two more items to the list of contexts in which one should just shut up if under criminal investigation. One of those contexts is a televised interview with Fox News Channel’s Bret Baier. We look at the admissions Donald Trump made about which documents he retained and why, and how those could help the government, particularly if Judge Aileen Cannon were to throw out other evidence of Trump’s knowledge and intent that is needed to prove the charges against him.

Another such context is Hunter Biden’s 2021 tell-all autobiography, in which he made admissions related to a gun purchase for which he has not yet been charged with a crime. The issue is that Hunter falsely claimed not to be addicted to any illegal substances when he purchased a gun in 2018. As Ken notes, this is a crime that’s rarely prosecuted, and one that prosecutors might never have thought of if he hadn’t written the book. Also this week, we look at news reports about internal disagreement within the Department of Justice about whether the January 6 investigation should have turned sooner to the question of criminal liability on the part of Donald Trump, we also look at initial orders from Judge Aileen Cannon in the documents case — boilerplate so far — and at the complicating role that the Classified Information Procedures Act could play in the case’s early days.

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