A word of caution

| 9:09 am EDT August 25, 2021
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Even as the criminal probes against people like Rudy Giuliani and Matt Gaetz continue to make incremental progress, impatient observers always respond to the good news with the same questions. When will they be indicted? Why hasn’t it happened already? What’s taking so long? Does this mean they’ve gotten away with it all? Why won’t anybody do anything? Yesterday we were all reminded of the answers to these kinds of questions.

Whatever you think of Michael Avenatti, he was indicted, tried, and convicted on multiple felony charges, and sentenced to prison awhile back. But it turns out prosecutors got sloppy in their rush to build the case against him, and failed to turn over some of the evidence to Avenatti’s legal team. As a result, a mistrial was declared yesterday, erasing his conviction, and forcing prosecutors to try him all over again. Even if Avenatti ends up convicted again, the whole thing could end up taking longer than if prosecutors had simply taken the time to handle the case correctly and thoroughly to begin with.

This is why the Feds haven’t indicted the likes of Giuliani or Gaetz yet, even though their documented progress makes clear that they will end up indicting them. This is also why New York is in the process of trying to flip one or more Trump Organization underlings before daring to indict Donald Trump. If you don’t do these things the right way, you can easily end up with a mistrial or even an acquittal.

Imagine how emboldened someone like Giuliani or Gaetz or Trump would become if a rushed and insufficient indictment resulted in being let off the hook. It would be a nightmare. So those who keep demanding immediate indictments against the top figures in Trump world should take note of how easily that could backfire. There’s a right way to do these things, which results in a successful outcome, and it’s fully incompatible with instant gratification.