According to the Washington Post, Donald Trump’s journey to a federal indictment was filled with instances of disregarded advice from lawyers and aides. Multiple Trump aides and insiders confirm this, highlighting the former president’s refusal to take opportunities to avoid criminal charges. The first chance came when the National Archives requested the return of documents in February 2021. Former White House chief of staff John Kelly explains, “He’s incapable of admitting wrongdoing. He wanted to keep it, and he says, ‘You’re not going to tell me what to do. I’m the smartest guy in the room.'”
According to Kelly and others, Trump has a tendency to reject requests from agencies or individuals he dislikes. As the FBI and National Archives persisted in requesting the return of classified documents, Trump remained steadfast. As per the Post‘s sources, one potential “exit ramp” was presented when former Florida solicitor general Chris Kise joined Trump’s legal team last fall. Kise, who received an upfront payment of $3 million, proposed quietly negotiating a settlement with the Justice Department, which would have allowed Trump to avoid criminal charges if all documents were returned. However, Trump disregarded Kise’s approach and instead heeded the advice of other lawyers who urged him to fight the investigation.
Insiders reveal that one person Trump did listen to was Tom Fitton, the head of the conservative group Judicial Watch. Fitton convinced Trump that he had the legal right to keep the documents and should challenge the Justice Department. Fitton informs the Post that he had dinner with Trump the day before his arraignment in Miami and that the former president is “serious and ready to fight under the law.” The New York Times reports that some of the lawyers Trump hired to defend him in the documents investigation have been questioned by federal investigators and might appear as witnesses during the trial. Former Trump attorney Evan Corcoran’s notes have proven particularly useful to prosecutors.
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