美国国家公共电台 NPR--What's at stake for Trump in multiple court cases that are unfolding this week?

What's at stake for Trump¹ in multiple court cases that are unfolding this week?

Transcript²

NPR's Steve Inskeep talks to ex-federal prosecutor³ Elie Honig about cases against Trump and his allies — including a court hearing that will consider unsealing the affidavit⁴ in the Mar-a-Lago search.

STEVE INSKEEP, HOST:

Today, a federal judge in Florida hears arguments for unsealing an affidavit. It's the document supporting the FBI's search at Mar-a-Lago, the residence of former President Trump. A judge read that affidavit and authorized⁵ the search. Documents already unsealed show the search revealed many boxes of documents marked classified or top secret. But Republican officials and news organizations want to see the underlying⁶ justification⁷. We've called on former state and federal prosecutor Elie Honig. Good morning.

ELIE HONIG: Hey, Steve. Good morning. Glad to be with you.

INSKEEP: What kinds of information would be in an affidavit like this?

HONIG: So essentially⁸ the prosecution's entire playbook would be in this affidavit. It's important that people understand this is different in kind than the documents we've already seen unsealed by the court. The documents that got unsealed last week - they total six pages. They're mostly logistical checklists. Here are the items that we seized in some general description. Here are the items that we searched. That is already out there. That is drafted by prosecutors⁹ with it becoming public in mind, because you turn that over to the defendant¹⁰ on the day of the search. He's free to make it public.

This affidavit, though - this is top secret. I don't mean that in the classified sense, but this is the prosecution's investigation¹¹ laid out in narrative¹² fashion. Often these things run to 50, 80, 100 pages. I've written many of them myself. So if this comes out, Steve, Donald Trump and the public will essentially see the prosecution's case laid bare. And I think that's exactly why DOJ has opposed the unsealing of this document.

INSKEEP: Well, there are two demands from Trump's side of the argument here. The first is why search the president's residence at all when a former president has never been treated this way? I think answered because there was information marked classified. But there's a second question, which is why do this dramatic thing instead of continuing to negotiate with Trump, as they seem to be doing? What is a conceivable answer they could find in an affidavit?

HONIG: Well, so first of all, I think that's a valid¹³ question to ask. Was a search warrant necessary? And I think if we look at the timeline of what we know, I think DOJ's answer would be we tried it the easy way. First, the National Archives demanded records back from Donald Trump, and they got 15 boxes. But that turned out to be not everything. Then DOJ tried a subpoena¹⁴, which is the easy way. It's just a single piece of paper, basically, that says, please hand us over these documents. And still, DOJ did not get all the documents back.

So I imagine DOJ's argument would be we tried it those two ways. We still didn't get all of these highly classified documents back. That's what necessitated¹⁵ the search. That's what caused us to have to use the search warrant. And I think if we see this search warrant, this is the document where prosecutors establish probable cause that federal crimes were committed, including destruction of documents, this Espionage¹⁶ Act violation¹⁷, having to do with mishandling of defense¹⁸ information and obstruction¹⁹. It could lay out witnesses. You wouldn't see witness names in there, but references to witnesses and informants that sometimes you can figure out who they are. It might reference other documents that the FBI has seized. So this affidavit would really give sort of chapter and verse on how the FBI and DOJ got permission to do that search warrant.

INSKEEP: I believe that one of Trump's lawyers on TV has demanded to know the names of sources who work for the former president who may have given information. Basically, tell me who betrayed me, in essence. Would an affidavit likely give that?

HONIG: It wouldn't say the name. It wouldn't say Steve Inskeep, but it would say something like informant 1 or witness 1 or witness 2. And a lot of times you can put together the context - who is this person? What did this person know? - and figure out who it is. But that demand by Trump's lawyers is outrageous²⁰. There's no legal basis for that. You have to wonder why they want the names. I mean, eventually, if there were to be charges, yes, the defendant, whoever that may be, would know who the witnesses are, would have all their statements, because you do have a right to confront and cross-examine that person. But at this point, there's zero legal basis for that.

INSKEEP: Now, the Justice Department has resisted, saying that unsealing this affidavit would interfere²¹ with an ongoing²² criminal investigation. Now, as a layman²³, I was really interested in that word ongoing. They've already got the documents. Does ongoing tell you they're trying to uncover more?

HONIG: It does. And it tells me there was some speculation²⁴ of, well, maybe this isn't really about a criminal investigation. Maybe this is just about let's get the documents back. This confirms that, yes, this is a criminal investigation. Yes, it is ongoing. And DOJ makes the point that to unseal this affidavit now would be so unusual - essentially unprecedented²⁵ - that it really could deter²⁶ people who might cooperate in future investigations²⁷, whether they're related to this one or not, because if witnesses and informants think, well, gee²⁸, my identity - maybe not my name, but certain qualities and features that might allow someone to identify me are going to come out immediately, that'd make them less likely to cooperate with the FBI, with prosecutors.

INSKEEP: Should the FBI not have done this search three months before an election, a period when they generally avoid political interference, anything that can be perceived as political interference? I grant they did it privately²⁹, and Trump publicized it. But still, should they have done it at that time?

HONIG: Well, it may not be a coincidence, Steve, that this search was done, I think, precisely³⁰ 91 or 92 days before the midterm election. There's a long-standing DOJ policy that you don't do things like this. You don't do politically sensitive indictments³¹ or searches 90 days before an election - it's called the blackout period - because the idea is you don't want to do something precipitous that may influence an election. So that may not be a coincidence that they did this 91 or 92 days. But, yes, it's a - look, I think DOJ understands this was a big step, and there will be political implications.

INSKEEP: In a few seconds, Rudy Giuliani turned up to testify in Georgia. The president, of course, there asked the secretary of state to, quote, "find exactly enough votes for Trump to win Georgia by one" in 2020. How much legal jeopardy³² does the president - the ex-president face?

HONIG: Well, we know Rudy Giuliani is a target, meaning he is somebody prosecutors believe they are likely to charge. And I think there are clear connections between what Rudy Giuliani did in Atlanta and what Donald Trump did.

INSKEEP: Former state and federal prosecutor Elie Honig, also an analyst³³ for CNN, thanks so much.

HONIG: Thanks, Steve. Glad to be with you.

1 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

4 affidavit   

n.宣誓书

参考例句：

• I gave an affidavit to the judge about the accident I witnessed.我向法官提交了一份关于我目击的事故的证词。
• The affidavit was formally read to the court.书面证词正式向出席法庭的人宣读了。

5 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

6 underlying   

adj.在下面的，含蓄的，潜在的

参考例句：

• The underlying theme of the novel is very serious.小说隐含的主题是十分严肃的。
• This word has its underlying meaning.这个单词有它潜在的含义。

7 justification   

n.正当的理由；辩解的理由

参考例句：

• There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。
• In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

8 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

9 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

10 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

11 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

12 narrative   

n.叙述，故事；adj.叙事的，故事体的

参考例句：

• He was a writer of great narrative power.他是一位颇有记述能力的作家。
• Neither author was very strong on narrative.两个作者都不是很善于讲故事。

13 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

14 subpoena   

n.（法律）传票；v.传讯

参考例句：

• He was brought up to court with a subpoena.他接到传讯，来到法庭上。
• Select committees have the power to subpoena witnesses.特别委员会有权传唤证人。

15 necessitated   

使…成为必要，需要( necessitate的过去式和过去分词 )

参考例句：

• Recent financial scandals have necessitated changes in parliamentary procedures. 最近的金融丑闻使得议会程序必须改革。
• No man is necessitated to do wrong. 没有人是被迫去作错事的。

16 espionage   

n.间谍行为，谍报活动

参考例句：

• The authorities have arrested several people suspected of espionage.官方已经逮捕了几个涉嫌从事间谍活动的人。
• Neither was there any hint of espionage in Hanley's early life.汉利的早期生活也毫无进行间谍活动的迹象。

17 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

18 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

19 obstruction   

n.阻塞，堵塞；障碍物

参考例句：

• She was charged with obstruction of a police officer in the execution of his duty.她被指控妨碍警察执行任务。
• The road was cleared from obstruction.那条路已被清除了障碍。

20 outrageous   

adj.无理的，令人不能容忍的

参考例句：

• Her outrageous behaviour at the party offended everyone.她在聚会上的无礼行为触怒了每一个人。
• Charges for local telephone calls are particularly outrageous.本地电话资费贵得出奇。

21 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

22 ongoing   

adj.进行中的，前进的

参考例句：

• The problem is ongoing.这个问题尚未解决。
• The issues raised in the report relate directly to Age Concern's ongoing work in this area.报告中提出的问题与“关心老人”组织在这方面正在做的工作有直接的关系。

23 layman   

n.俗人，门外汉，凡人

参考例句：

• These technical terms are difficult for the layman to understand.这些专门术语是外行人难以理解的。
• He is a layman in politics.他对政治是个门外汉。

24 speculation   

n.思索，沉思；猜测；投机

参考例句：

• Her mind is occupied with speculation.她的头脑忙于思考。
• There is widespread speculation that he is going to resign.人们普遍推测他要辞职。

25 unprecedented   

adj.无前例的，新奇的

参考例句：

• The air crash caused an unprecedented number of deaths.这次空难的死亡人数是空前的。
• A flood of this sort is really unprecedented.这样大的洪水真是十年九不遇。

26 deter   

vt.阻止，使不敢，吓住

参考例句：

• Failure did not deter us from trying it again.失败并没有能阻挡我们再次进行试验。
• Dogs can deter unwelcome intruders.狗能够阻拦不受欢迎的闯入者。

27 investigations   

（正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究

参考例句：

• His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。
• He often sent them out to make investigations. 他常常派他们出去作调查。

28 gee   

n.马；int.向右！前进！，惊讶时所发声音；v.向右转

参考例句：

• Their success last week will gee the team up.上星期的胜利将激励这支队伍继续前进。
• Gee,We're going to make a lot of money.哇！我们会赚好多钱啦！

29 privately   

adv.以私人的身份，悄悄地，私下地

参考例句：

• Some ministers admit privately that unemployment could continue to rise.一些部长私下承认失业率可能继续升高。
• The man privately admits that his motive is profits.那人私下承认他的动机是为了牟利。

30 precisely   

adv.恰好，正好，精确地，细致地

参考例句：

• It's precisely that sort of slick sales-talk that I mistrust.我不相信的正是那种油腔滑调的推销宣传。
• The man adjusted very precisely.那个人调得很准。

31 indictments   

n.（制度、社会等的）衰败迹象( indictment的名词复数 )；刑事起诉书；公诉书；控告

参考例句：

• A New York jury brought criminal indictments against the founder of the organization. 纽约的一个陪审团对这个组织的创始人提起了多项刑事诉讼。 来自《简明英汉词典》
• These two indictments are self-evident and require no elaboration. 这两条意义自明，无须多说。 来自互联网

32 jeopardy   

n.危险；危难

参考例句：

• His foolish behaviour may put his whole future in jeopardy.他愚蠢的行为可能毁了他一生的前程。
• It is precisely at this juncture that the boss finds himself in double jeopardy.恰恰在这个关键时刻，上司发现自己处于进退两难的境地。

33 analyst   

n.分析家，化验员；心理分析学家

参考例句：

• What can you contribute to the position of a market analyst?你有什么技能可有助于市场分析员的职务？
• The analyst is required to interpolate values between standards.分析人员需要在这些标准中插入一些值。