In this episode of All Things Investigations, host Tom Fox discusses the legal intricacies surrounding the Donald Trump indictments with legal experts Kenyen Brown and Kevin Carroll. Tearing apart the indictment against the former President, the conversation illuminates the reality of a country grappling with the unprecedented indictment of its former Commander-in-Chief. They dive deep into the evidence, the potential repercussions, and the broader implications for the legal profession and democracy itself.
Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a professor, and former Assistant Attorney General for the U.S. Department of Justice. He has also served as a senior counsel to the House Homeland Security Committee. Kenyen is a former federal prosecutor and currently serves as the President of the National Bar Association.
You’ll hear Tom, Kenyen and Kevin discuss:
- The indictment against Donald Trump centers around "prolific lies" used to defraud the United States citizens and election officials, aiming to overturn the 2020 election results. This has legal implications far beyond insurrection.
- The evidence collected against Trump is expansive, including public statements, internal campaign emails, attorney-client privilege documents, voicemails, and audio recordings.
- There's potential for more evidence that can prove the charges brought against Trump, as the indictment itself was written in plain English, suggesting transparency and inclusivity for all concerned citizens.
- The indictments were carefully formulated to avoid charges of sedition or insurrection, focusing instead on a set of charges that come with very serious sentences.
- Some of the unindicted conspirators may potentially flip on Trump and provide crucial testimony against the former president. However, the roles of distinguished members of the legal profession in the alleged coup d'etat raise concerns about ethics training and professional discipline at the bar.
- The likely trial date for this case is expected to be around six to ten months in the future, depending on the course of pretrial motion practice and the scope of the issues being relitigated.
- The upcoming trial could potentially be the most important in American history, hence all counsel should be given adequate time to prepare.
- Kevin explains that the oath to the Constitution, not to the Commander-in-Chief, holds deep importance for him and his peers. This oath suggests that the co-equal branches of the government, including the federal judiciary and Congress, deserve equal loyalty.
- The troubling presence of veterans and a small number of active-duty personnel at the January 6 riot, was deeply disappointing to Kevin.
- Kenyen says, as a prosecutor, it is a great honor to represent the United States of America. He emphasizes the weight of the responsibility and the seriousness with which he took his duties of candor and good stewardship of information.
- The fact that the National Guard was not deployed to aid the Capitol police during the riot, given that only the president can order their deployment in the District of Columbia, suggests that this decision was part of an attempt to pressure Congress and Vice President Mike Pence. President Trump may find it difficult to convince the public of the legitimacy of his actions.
Resources
Hughes Hubbard & Reed website
Kevin Carroll on LinkedIn
Kenyen Brown on LinkedIn