Opinion | Trump’s letter to Garland reveals a desperate defense strategy

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Opinion | Trump’s letter to Garland reveals a desperate defense strategy
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.BarbMcQuade: This letter is a piece of propaganda designed to inflame passions and control the narrative. It quite literally tells on itself.

Both of those investigations are proceeding. By invoking the Bidens, the letter engages in “whataboutism,” the tactic of deflecting attention from oneself by pointing to the alleged misconduct of others. Trump’s guilt or innocence has nothing to do with these other investigations, but drawing the false equivalency provides a talking point for Trump’s supporters.

The third tell is the aforementioned publication of the letter on social media. If Trump’s lawyers really wanted a meeting to discuss the investigation, they would not post the letter on a public website — a phone call to a member of the trial team would do. When I served as U.S. attorney, defense attorneys would periodically request a meeting with prosecutors before charges were filed.

The final tell in the letter is its motive — fear. Sources familiar with the case told The Wall Street Journal that a charging decision in the case may be near. MSNBC hasn’t confirmed this specific reporting, but defense lawyers involved in a lengthy grand jury investigation can tell when it is nearing completion, especially one like this in which they have litigated privilege issues for witnesses subpoenaed to the grand jury.

Those complaints may score points in the court of public opinion, but they are irrelevant in a court of law.

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