Ordering a code red

The law is such a rich source of drama and tension, it is almost impossible to “look away” as events unfold.  Its why there are so many law dramas and movies, like the courtroom byplay between Lieutenant Daniel Kaffee and Col. Nathan Jessup in a “Few Good Men,” which has become a part of our pop identity. What gloriously rich dialogue and drama!

Jessup: You want answers?!

Kaffee: I want the truth!!

Jessup: You can’t handle the truth! Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Who’s gonna do it? You? You, Lieutenant Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know: that Santiago’s death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives! You don’t want the truth, because deep down in places you don’t talk about at parties, you want me on that wall. You need me on that wall. . . . I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it! I would rather you just said “thank you”, and went on your way. Otherwise, I suggest you pick up a weapon, and stand a post. Either way, I don’t give a damn what you think you are entitled to!

Kaffee: Did you order the Code Red?

Jessup: I did the job that—-

Kaffee: Did you order the Code Red?!

Jessup: YOU’RE ******* RIGHT I DID!

The not quite so gripping drama swirling in the “Trump orbit” draws me back to its latest bombshells and legal spinning.  Just like Lt. Kaffee we are asking for the truth, we still don’t know if we can handle it. 

Prosecutors are clearly closing in on President Trump and his family from all directions.  In Washington D.C., we just learned local Federal prosecutors are examining the Trump Inaugural Committee’s spending and financing; it certainly looks like Ivanka Trump might have some serious legal exposure.  Maria Butina just pleaded guilty to being a Russian operative who infiltrated Republican political circles for the Kremlin.  Another link proving Russian subterfuge in the 2016 Presidential Election.

The most immediate concern for President Trump has to be Federal prosecutors from the Southern District of New York (SDNY), who are exploring tax and finance violations.  Michael Cohen has been sentenced to three (3) years in prison for conspiring with President Trump to violate campaign finance laws with his “paramour’s” hush money payouts.  Although he has refused to sign a cooperation agreement with the SDNY, Mr. Cohen has given every indication that he will testify to President Trump’s complicity, if subpoenaed to do so.  Even if he is not very believable, his tape recordings and personal documents are in the SDNY’s possession.

David Pecker, chief executive of American Media, Inc. (AMI) and publisher of the National Inquirer, has signed an immunity deal with these same prosecutors.  The SDNY will not prosecute him or his company, in exchange for the treasure trove of “dirt” he has been keeping in darkness for President Trump.  Presumably, Mr. Pecker will be confirming Mr. Cohen’s account of the Karen McDougal “catch and kill” agreement.

Which means the SDNY is creeping towards having the evidence to prove Mr. Trump had the necessary “mens rea” or “guilty mind” to prove his knowledge of a crime.  Mere negligence is generally not enough to convict someone of a crime; this is a part of our constitutional protections.  But, ignorance of the law is not a defense, which is to say that Mr. Trump finds no protection by feigning ignorance that what Mr. Cohen or Mr. Pecker did at his direction was not a violation of campaign finance laws.

President Trump has no protection (as a sitting President) from state criminal prosecutions; nor, can pardons on Federal crimes shield Mr. Trump from state prosecutors.  Here, the fact that Allen Weisselberg, the Trump Organization’s Chief Financial Officer, has engaged in an immunity agreement with Mr. Mueller, and his records having been seized, has to disturb the Trump family.  The State of New York may decide to bring tax evasion indictments against President Trump, his organization, and family for state law violations.  The States of Maryland and Virginia even have pending lawsuits against President Trump alleging he has violated the emoluments clause of the Constitution. 

President Trump’s first bane, the Mueller special investigation team, appears to be on the verge of indicting Jarrod Kushner and Donald Trump, Jr..  Although, as you cans see, most of the legal threat is from outside the “Mueller circle.”  All of this, before House Committee investigations are set to gin up with Democrats taking the reigns in January.

The argument is made that no one was killed by these alleged crimes, no one has been shot on 5th Avenue, and therefore this does not matter.  Maybe not quite Col. Jesup’s arrogant defense that we needed someone like him protecting us, but certainly an attempt to excuse potentially illegal actions.  This is not how we work in this country.  We value the rule of law, even if someone like Paul Manafort had been corrupted for years hiding in the shadows until subject to the spotlight of a Presidential campaign.

We may never have that ultimate mano-a-mano vignette of a witness “in the box” answering probing accusations.  President Trump will never raise his right hand and bellow that we can’t handle the truth, only to go on to admit he ordered a “Code Red.”  However, it might be time to go grab a bin of popcorn during the intermission and find an aisle seat in the theater.  Criminal prosecutions roll slowly, but this drama may be about to get interesting.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to jim@rockefellerlawcenter.com.