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CONFRONTATION: What did Trump’s lawyers say to the DOJ?

CONFRONTATION: What did Trump’s lawyers say to the DOJ?

CONFRONTATION: What did Trump's lawyers say to the DOJ?

Perhaps Trump’s lawyers walked into DOJ to sob and beg for leniency one last time.

Because many recent reports indicate that Donald Trump is about to be indicted for keeping top-secret SCIF documents in his Mar-a-Lago home.

Donald Trump certainly believes he is about to be indicted, having posted Sunday, “Reports are the Marxist Special Prosecutor, DOJ, & FBI, want to Indict me on the BOXES HOAX…”

And on Monday, just an hour before the publication of this report, “HOW CAN DOJ POSSIBLY CHARGE ME, WHO DID NOTHING WRONG, WHEN NO OTHER PRESIDENT’S WERE CHARGED… ”

It is safe to assume that Trump’s attorneys have told him that he will likely soon be indicted. Trump is almost surely not relying on his instincts.

An impending indictment would also provide one explanation for Trump’s attorneys’ visit to the Department of Justice in Washington on Monday morning.

The earliest reports regarding the visit are credited to CBS News reporting when they spotted the Trump attorneys entering DOJ headquarters:

To the extent that Trump’s attorneys are visiting DOJ to discuss controversial and aggressive attorney-client discussions as evidence, one can rest assured that the Special Counsel and DOJ have given the matter considerable thought.

Trump’s attorneys will not make a point that hasn’t been reviewed and meticulously analyzed by Jack Smith’s team.

The attorneys are certainly there to give any last shot they have at preventing an indictment.

Failing that, they likely also want to coordinate how an indictment might be handled with respect to Trump, a former president, turning himself in. Politico reports:

“CBS observed the attorneys, including James Trusty and Lindsey Halligan, entering DOJ’s offices late Monday morning. The subject of their visit was not immediately clear, nor was the identity of the officials they were slated to meet.”

If DOJ isn’t releasing who is meeting with Trump’s team, it seems less likely that DOJ invited Trump’s team to meet.

The Justice Department would want to explain such an unusual invitation and elaborate at least on who called upon who and who would be meeting.

Two attorneys representing Trump on the documents matter sought a meeting last month with Attorney General Merrick Garland. It’s unclear if Monday’s meeting was a result of this May 23 correspondence

Given that the DOJ didn’t officially respond to the May 23rd letter and the Trump team did not brag or announce that they would meet with the Attorney General, it would, again, seem unlikely that Merrick Garland is meeting with Trump’s team.

Unlike the Trump cases brought after the 2020 election, Trump has reputable and good lawyers defending him in the Jack Smith criminal probe.

They are exploring any possibility they might have to improve Trump’s position.

Strangely, the visit comes just after reports of infighting within the Trump legal team and questions about who is ultimately in charge.

As this site reported last week, long-time Trump “lawyer” and “right-hand man,” Boris Epshteyn, is both the closest of his legal team to Trump and is running interference against the true, experienced, and competent courtroom warriors.

Epshteyn has a law license but does not actually “represent” Trump as much as he tries to be the “chief of the legal staff,” or “Trump’s right-hand man.”

But the trial attorneys don’t want to be “handled” by someone with little experience in this area.

Not knowing who is “in charge,” at this late stage is just more bad news for Trump.

If the trip is primarily an attempt to get a feel for where DOJ stands and possible negotiations as to how and when Trump might surrender himself if indicted, it makes sense that lower-tiered lawyers would meet DOJ officials.

Given all the reports about Jack Smith’s approach to prosecuting crimes, we can be sure of one thing.

Trump’s attorneys will not succeed in talking Smith out of doing what he thinks is right.

Perhaps the attorneys visited Main Justice in the hope that Merrick Garland would intervene and stop Smith.

But Merrick Garland appointed Smith precisely to be “independent.”

Garland will not insert himself at the last minute.

Trump likely faces the same future he did prior to today’s meeting.

After all, there’s the old adage, “The worst thing they can say is, ‘No.'”

I can be reached at jasonmiciak@gmail.com and on Twitter @JasonMiciak.

Editor’s note: This is an opinion column that solely reflects the opinions of the author.

Jason Miciak
Jason Miciak is an associate editor and opinion writer for Occupy Democrats. He's a Canadian-American who grew up in the Pacific Northwest. He is a trained attorney, but for the last five years, he's devoted his time to writing political news and analysis. He enjoys life on the Gulf Coast as a single dad to a 15-year-old daughter. Hobbies include flower pots, cooking, and doing what his daughter tells him they're doing. Sign up to get all of my posts by email right here:

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