Pollak: Trump's Fox Interview 'Boxes in' the DOJ

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Pollak: Trump's Fox Interview 'Boxes in' the DOJ
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Trump may have 'boxed in' the Department of Justice, pun intended, when he sat down with Bret Baier for a controversial interview.

You don’t have to be a lawyer to understand the risks that a criminal defendant takes when sitting down for a television interview. And some of President Donald Trump’s critics, like ally-turned-opponent Chris Christie, claimed that Trump had incriminated himself in his interview with Fox News’ Bret Baier, or even committed obstruction of justice on the air.

There might be no legal obstacle, in theory, to prosecutors convicting someone of a crime based on evidence the public is not allowed to see, in some circumstances. But if the evidence is so secret that it cannot be shared with defense attorneys and jurors, who typically lack security clearance, the trial may be open to various procedural challenges.

This is the first prosecution of a former president, and a leading opposition candidate. The legal burden of proof is the same, but the prosecution faces an additional, political burden to show that the trial is not an abuse of the justice system for political ends.

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