Friday, July 11, 2025
  • News
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
  • Health
  • Opinion
  • Law & Order
  • Sports
  • Entertainment
  • Lifestyle
  • Sci-Tech
  • Behind The Brand
REGISTER
LOGIN
No Result
View All Result
The Kenya Times
  • News
    Musalia Mudavadi has announced the exit of Norway’s Ambassador to Kenya, Gunnar Andreas Holm.

    Norway’s Ambassador to Kenya Gunnar Andreas Holm Announces Exit

    Raila Blasts Ruto for "Shoot to Maim" Order

    Raila Blasts Ruto After His “Shoot to Maim” Order

    HELB Offfices

    HELB Explains How Students Can Update National ID on Portal

    IEBC Chairperson Erastus Ethekon appears before JLAC for vetting on May 31, 2025. PHOTO/National Assembly

    Erastus Edung Sends Message to Kenyans After Taking Over as IEBC Chairperson

    Jobseekers lining up for interviews in Nairobi. Jobseekers lining up for interviews in Nairobi.

    NYOTA Program Announces Training & Job Opportunities for Form 4 Leavers

    Thee Pluto Closes 7 Ventures Amid Harsh Kenyan Economy

    Harsh Kenyan Economy as Thee Pluto Shuts Down 7 Businesses

    Trump Deploys 2000 More National Guard Troops in Los Angeles. PHOTO/White House

    How US Plans to Unleash Military Drone Power

    Kenya Shipyard Limited General Manager Julius Ambah Dies of Cancer

    Kenya Shipyard Limited General Manager Dies in South Africa

    KWS Announces Sale of Vehicles & Motorcycles From Ksh10K

    KWS Puts on Sale Vehicles and Motorcycles from Ksh10K

  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
    2 Companies Given Greenlight for Lucrative Nairobi–Nakuru Highway Deal

    National Treasury Approves Two Nairobi-Nakuru-Mau Summit Road Proposals

    Govt Woos Industry Players for World Bank Project Linking Kenya to Somalia, Ethiopia

    Kenya to Partner with Industry Players to Lay Fiber Optic Line Linking Somalia, Ethiopia

    KWS Announces Sale of Vehicles & Motorcycles From Ksh10K

    KWS Puts on Sale Vehicles and Motorcycles from Ksh10K

    How Traders Were Left Counting Millions in Losses After Saba Saba Chaos

    How Traders Were Left Counting Millions in Losses After Saba Saba Chaos

    Exploded Tecno Camon 30 phone. PHOTO/Kipchirchir Mosonik

    User Injured After Tecno Phone Explodes Without Warning

    KRA Commissioner General Humphrey Wattanga speaking during International Customs Day 2025 on January 24, 2025. PHOTO/KRA.n January 24, 2025. PHOTO/KRA

    KRA Breaks Down How Kenyans Paid Ksh2.5 Trillion in Taxes

    A collage of newly appointed Sanlam CEO, Jacqueline Karasha. PHOTO/Jacqueline

    Sanlam Appoints Jacqueline Karasha as CEO

    KRA Introduces Mandatory Requirement for All Imports Into Kenya

    KRA Introduces Mandatory Requirement for All Imports Into Kenya

    An Access Bank branch. building. PHOTO/Access Bank

    Access Bank Kenya Owners, Branches and Loans Offered

  • Health
    RUPHA Hospitals Offer Free Emergency Services on Saba Saba

    Private Hospitals Offering Free Select Medical Services on Saba Saba

    Medical examiner or forensic scientist with dead man's corpse in morgue. Photo/ Pexel

    Pneumonia and Cancer Emerge Among Lead Causes of Death in Kenya

    Aga Khan University Hospital Section Head, Nuclear Radiology and Chair, Department of Radiology

    Aga Khan Leads the Region in Advancing Prostrate Cancer Treatment

    Kenyatta National Hospital Gets EIB Global Boost for Energy Supply

    European Union Bank Intervenes to Help KNH Solve Frequent Blackout Challenge

    Photo of Health CS Aden Duale addressing people in previous event in 2025. PHOTO/MoH

    Kenyan Govt Confirms Ksh46,120 Monthly Pay for Intern Doctors

    Tips on How to Navigate Raising Adolescents Teenagers

    One in Five Kenyan Teens at Risk of Mental Health Disorders – Report

    A first aid kit. PHOTO: Independence

    Basic First Aid Procedure For Injured

    Huduma Center Building, Kenya.

    Huduma Kenya Introduces Sign Language Interpreters

    A photo of the CS health Aden Duale in a bilateral meeting with a delegation from the World Health Organization (WHO) led by the Country Representative Dr. Abdourahmane Diallo. PHOTO/Aden Duale (X)

    Duale Says Ruto Signed Law Allowing SHIF Deductions in December 2024

  • Opinion
    Women in Sudan face significant challenges, including limited access to education, healthcare, and economic opportunities,

    Efforts to Empower Women in Sudan and the Challenges 

    Kenya 2025/26 Budget Draws Criticism Over Tax Burden

    Demystifying Revenue Measures and Expenditure Outlook in Kenya – 2025/26

    Discipline Crisis: How Weak Parenting Shapes Our Youth

    The Crisis of Discipline: How Weak Parenting is Shaping a Bleak Future for Our Youth

    Nairobi Declaration on Climate Change and Call to Action

    Why African Higher Education Should Focus on Disaster Management & Climate Change

    Govt to Recognize Jobless Kenyans Without Certificates. Miguna Miguna Calls Out Ruto On Useless Degrees Remarks

    Kenya’s Universities Are Producing Graduates, But Is the Industry Ready to Receive Them?

    Why Gen Z protests are a threat to Kenya's politics and status quo

    Gen Z Is Not Passing Cloud But Seismic Change

    Donald

    At June’s NATO Summit, Just Keeping Donald Trump in the Room Will Be Seen as A Victory

    NPSC Selection Panel Shortlists Eric Kiraithe, Mwachanya

    How To Stop Kenya’s Police from Killing with Impunity

    Health Worker Handling Mpox Vaccine Vials PHOTO/KBC

    Understanding How Mpox Spreads, Symptoms, and How to Prevent

  • Law & Order
    Sudan Army & Military soldiers patrol streets Juba PHOTO/UNICEF

    How Military Operations Get Their Codenames Around the World

    OCS Talaam

    Court Grants OCS Taalam Time in Albert Ojwang’ Death Inquest

    NPS Flags Statement Linking Foreigners to Protests as Fake

    7 People Who Stole Guns During Gen Z Protests Arrested

    Aroko Turns to State Witness in Kasipul MP Murder Case

    New Twist as Businessman Aroko Turns to State Witness in Kasipul MP Murder Case

    LSK President Faith Odhiambo at a past function. PHOTO/Faith Odhiambo

    Faith Odhiambo Teaches Kenyans What to Do When Arrested During Protests

    NTSA on Road safety compliance checks at Luqman along the Nairobi-Mombasa Highway. Photo/NTSA

    NTSA Introduces New Traffic Rules for School Buses, Matatus and Trucks

    Babu Owino Slams Sakaja Over Goons Disrupting Protests

    Babu Owino’s Message to Sakaja After Expose of Goons Hired to Disrupt Protests

    Vocal Africa CEO, Hussein Khalid

    Hussein Khalid Profile: Background, Education and Career

    Dusit D2 Terror Attack Suspects Found Guilty Sentenced

    Court Sentences Duo Found Guilty of Funding Dusit D2 Terror Attack

  • Sports
    Qatar 2025 Diamond League Millions Made by Kenyans who Won

    Govt Unveils Million Rewards Kenyan Athletes Will Receive

    Gor Mahia players celebrate during a past match.

    Gor Mahia FC: History, Nickname, and Titles Won

    Nairobi City Marathon: Murkomen and Chepkemoi Win Marathon

    Murkomen Wins Millions in Nairobi City Marathon

    Beatrice Chebet Profile: Education, Family and Net Worth

    Profile of Beatrice Chebet, New 5000m World Record Holder

    Gor Mahia's defender Rooney Onyango (left) and his teammate Benson Omalla celebrate in a past match.

    Gor Mahia, Club CEO Ray Oruo Split Amidst Ongoing Overhaul

    Kenya Morans Humiliate Nigeria in Rugby Africa Sevens

    Simbas Name Squad As 2027 RWC Qualifiers Begins Tomorrow

    Traffic Police officers in a past assignment.

    Motorists Association of Kenya Expose NPS Traffic Extortion

    Key Lessons from the Great Gor Mahia Trophyless Season

    Key Lessons from the Trophyless Season by Great Gor Mahia

    André Onana Free to Leave Manchester United on Loan

    André Onana Free to Leave Manchester United on Loan

  • Entertainment
    Kenyan Content Creator MC Exodus

    From Church Boy to TikTok Star: Inspiring Story of How MC Exodus Rose to Fame

    MultiChoice is Africa's entertainment platform, which owns DSTV and GOTV brands in Kenya PHOTO/Tech with Muchiri

    DStv and GOtv Announce New Prices: Here is What Customers Will Pay

    Elon Musk Father

    How Elon Musk’s Father Married His Stepdaughter

    Pastor Livingston Makali Sells Prayers for Ksh5,000

    Pastor Livingston Makali Sells Prayers for Ksh5,000

    Karangu Wa Muraya Criticised Over His SHA Praises.

    Karangu Muraya Faces Backlash After Appealing for Medical Support

    American Mogul Tyler Perry

    Tyler Perry Sued for Sexual Assault by Actor Derek Dixon

  • Lifestyle
    Elon Musk Father

    How Elon Musk’s Father Married His Stepdaughter

    Murphy

    From Co-Stars to Family: Eddie Murphy and Martin Lawrence Children Get Married

    Robbie Lyle, the Arsenal Superfan Who Revolutionised Football Media

    Meet Robbie Lyle: The Arsenal Superfan Who Revolutionized Football Media

    Ida Odinga and her husband Raila cut a cake at Villa Rosa Kempinski in Nairobi on August 24, 2023 at a party to celebrate her birthday and their anniversary.

    Raila Shares One Secret of a Lasting Marriage as He Graces Glamorous Wedding 

    Thriving business of Second-Hand Clothes PHOTO/Nation

    Leading Sources of Kenya’s Mitumba

    Cleaning a dirty fridge PHOTO/The Spruce

    Step-by-Step Process for Cleaning Your Fridge

  • Sci-Tech
    Roam Electric Motorbikes in a warehouse

    Boda Boda Riders to Get Roam Electric Bikes for as Low as Ksh 25,000 in New Deal

    First Kenyan-Owned Aircraft to Land on Australian Soil

    First Kenyan-Owned Aircraft to Land on Australian Soil

    Step by Step Guide to Managing Your Google Account Storage.

    Out of Google Storage? Here’s How to Free Up Space Without Deleting Important Data

    President William Ruto inspecting ongoing Affordable Housing Project. PHOTO/PCS.

    Zuku Launches Ksh10 Per Day Wi-Fi

    Microsoft Headquarters. PHOTO/ Microsft

    Why Microsoft is Firing 6,000 Employees After Sacking 10,000 Two Years Ago

    A collage of AI photo and an English love poem that has been translated into a local language by Simba AI PHOTO/CLA/Simba AI Launch

    Simba AI: Kenya’s First AI That Understands & Translates English into Local Language

  • Behind The Brand
  • News
    Musalia Mudavadi has announced the exit of Norway’s Ambassador to Kenya, Gunnar Andreas Holm.

    Norway’s Ambassador to Kenya Gunnar Andreas Holm Announces Exit

    Raila Blasts Ruto for "Shoot to Maim" Order

    Raila Blasts Ruto After His “Shoot to Maim” Order

    HELB Offfices

    HELB Explains How Students Can Update National ID on Portal

    IEBC Chairperson Erastus Ethekon appears before JLAC for vetting on May 31, 2025. PHOTO/National Assembly

    Erastus Edung Sends Message to Kenyans After Taking Over as IEBC Chairperson

    Jobseekers lining up for interviews in Nairobi. Jobseekers lining up for interviews in Nairobi.

    NYOTA Program Announces Training & Job Opportunities for Form 4 Leavers

    Thee Pluto Closes 7 Ventures Amid Harsh Kenyan Economy

    Harsh Kenyan Economy as Thee Pluto Shuts Down 7 Businesses

    Trump Deploys 2000 More National Guard Troops in Los Angeles. PHOTO/White House

    How US Plans to Unleash Military Drone Power

    Kenya Shipyard Limited General Manager Julius Ambah Dies of Cancer

    Kenya Shipyard Limited General Manager Dies in South Africa

    KWS Announces Sale of Vehicles & Motorcycles From Ksh10K

    KWS Puts on Sale Vehicles and Motorcycles from Ksh10K

  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
    2 Companies Given Greenlight for Lucrative Nairobi–Nakuru Highway Deal

    National Treasury Approves Two Nairobi-Nakuru-Mau Summit Road Proposals

    Govt Woos Industry Players for World Bank Project Linking Kenya to Somalia, Ethiopia

    Kenya to Partner with Industry Players to Lay Fiber Optic Line Linking Somalia, Ethiopia

    KWS Announces Sale of Vehicles & Motorcycles From Ksh10K

    KWS Puts on Sale Vehicles and Motorcycles from Ksh10K

    How Traders Were Left Counting Millions in Losses After Saba Saba Chaos

    How Traders Were Left Counting Millions in Losses After Saba Saba Chaos

    Exploded Tecno Camon 30 phone. PHOTO/Kipchirchir Mosonik

    User Injured After Tecno Phone Explodes Without Warning

    KRA Commissioner General Humphrey Wattanga speaking during International Customs Day 2025 on January 24, 2025. PHOTO/KRA.n January 24, 2025. PHOTO/KRA

    KRA Breaks Down How Kenyans Paid Ksh2.5 Trillion in Taxes

    A collage of newly appointed Sanlam CEO, Jacqueline Karasha. PHOTO/Jacqueline

    Sanlam Appoints Jacqueline Karasha as CEO

    KRA Introduces Mandatory Requirement for All Imports Into Kenya

    KRA Introduces Mandatory Requirement for All Imports Into Kenya

    An Access Bank branch. building. PHOTO/Access Bank

    Access Bank Kenya Owners, Branches and Loans Offered

  • Health
    RUPHA Hospitals Offer Free Emergency Services on Saba Saba

    Private Hospitals Offering Free Select Medical Services on Saba Saba

    Medical examiner or forensic scientist with dead man's corpse in morgue. Photo/ Pexel

    Pneumonia and Cancer Emerge Among Lead Causes of Death in Kenya

    Aga Khan University Hospital Section Head, Nuclear Radiology and Chair, Department of Radiology

    Aga Khan Leads the Region in Advancing Prostrate Cancer Treatment

    Kenyatta National Hospital Gets EIB Global Boost for Energy Supply

    European Union Bank Intervenes to Help KNH Solve Frequent Blackout Challenge

    Photo of Health CS Aden Duale addressing people in previous event in 2025. PHOTO/MoH

    Kenyan Govt Confirms Ksh46,120 Monthly Pay for Intern Doctors

    Tips on How to Navigate Raising Adolescents Teenagers

    One in Five Kenyan Teens at Risk of Mental Health Disorders – Report

    A first aid kit. PHOTO: Independence

    Basic First Aid Procedure For Injured

    Huduma Center Building, Kenya.

    Huduma Kenya Introduces Sign Language Interpreters

    A photo of the CS health Aden Duale in a bilateral meeting with a delegation from the World Health Organization (WHO) led by the Country Representative Dr. Abdourahmane Diallo. PHOTO/Aden Duale (X)

    Duale Says Ruto Signed Law Allowing SHIF Deductions in December 2024

  • Opinion
    Women in Sudan face significant challenges, including limited access to education, healthcare, and economic opportunities,

    Efforts to Empower Women in Sudan and the Challenges 

    Kenya 2025/26 Budget Draws Criticism Over Tax Burden

    Demystifying Revenue Measures and Expenditure Outlook in Kenya – 2025/26

    Discipline Crisis: How Weak Parenting Shapes Our Youth

    The Crisis of Discipline: How Weak Parenting is Shaping a Bleak Future for Our Youth

    Nairobi Declaration on Climate Change and Call to Action

    Why African Higher Education Should Focus on Disaster Management & Climate Change

    Govt to Recognize Jobless Kenyans Without Certificates. Miguna Miguna Calls Out Ruto On Useless Degrees Remarks

    Kenya’s Universities Are Producing Graduates, But Is the Industry Ready to Receive Them?

    Why Gen Z protests are a threat to Kenya's politics and status quo

    Gen Z Is Not Passing Cloud But Seismic Change

    Donald

    At June’s NATO Summit, Just Keeping Donald Trump in the Room Will Be Seen as A Victory

    NPSC Selection Panel Shortlists Eric Kiraithe, Mwachanya

    How To Stop Kenya’s Police from Killing with Impunity

    Health Worker Handling Mpox Vaccine Vials PHOTO/KBC

    Understanding How Mpox Spreads, Symptoms, and How to Prevent

  • Law & Order
    Sudan Army & Military soldiers patrol streets Juba PHOTO/UNICEF

    How Military Operations Get Their Codenames Around the World

    OCS Talaam

    Court Grants OCS Taalam Time in Albert Ojwang’ Death Inquest

    NPS Flags Statement Linking Foreigners to Protests as Fake

    7 People Who Stole Guns During Gen Z Protests Arrested

    Aroko Turns to State Witness in Kasipul MP Murder Case

    New Twist as Businessman Aroko Turns to State Witness in Kasipul MP Murder Case

    LSK President Faith Odhiambo at a past function. PHOTO/Faith Odhiambo

    Faith Odhiambo Teaches Kenyans What to Do When Arrested During Protests

    NTSA on Road safety compliance checks at Luqman along the Nairobi-Mombasa Highway. Photo/NTSA

    NTSA Introduces New Traffic Rules for School Buses, Matatus and Trucks

    Babu Owino Slams Sakaja Over Goons Disrupting Protests

    Babu Owino’s Message to Sakaja After Expose of Goons Hired to Disrupt Protests

    Vocal Africa CEO, Hussein Khalid

    Hussein Khalid Profile: Background, Education and Career

    Dusit D2 Terror Attack Suspects Found Guilty Sentenced

    Court Sentences Duo Found Guilty of Funding Dusit D2 Terror Attack

  • Sports
    Qatar 2025 Diamond League Millions Made by Kenyans who Won

    Govt Unveils Million Rewards Kenyan Athletes Will Receive

    Gor Mahia players celebrate during a past match.

    Gor Mahia FC: History, Nickname, and Titles Won

    Nairobi City Marathon: Murkomen and Chepkemoi Win Marathon

    Murkomen Wins Millions in Nairobi City Marathon

    Beatrice Chebet Profile: Education, Family and Net Worth

    Profile of Beatrice Chebet, New 5000m World Record Holder

    Gor Mahia's defender Rooney Onyango (left) and his teammate Benson Omalla celebrate in a past match.

    Gor Mahia, Club CEO Ray Oruo Split Amidst Ongoing Overhaul

    Kenya Morans Humiliate Nigeria in Rugby Africa Sevens

    Simbas Name Squad As 2027 RWC Qualifiers Begins Tomorrow

    Traffic Police officers in a past assignment.

    Motorists Association of Kenya Expose NPS Traffic Extortion

    Key Lessons from the Great Gor Mahia Trophyless Season

    Key Lessons from the Trophyless Season by Great Gor Mahia

    André Onana Free to Leave Manchester United on Loan

    André Onana Free to Leave Manchester United on Loan

  • Entertainment
    Kenyan Content Creator MC Exodus

    From Church Boy to TikTok Star: Inspiring Story of How MC Exodus Rose to Fame

    MultiChoice is Africa's entertainment platform, which owns DSTV and GOTV brands in Kenya PHOTO/Tech with Muchiri

    DStv and GOtv Announce New Prices: Here is What Customers Will Pay

    Elon Musk Father

    How Elon Musk’s Father Married His Stepdaughter

    Pastor Livingston Makali Sells Prayers for Ksh5,000

    Pastor Livingston Makali Sells Prayers for Ksh5,000

    Karangu Wa Muraya Criticised Over His SHA Praises.

    Karangu Muraya Faces Backlash After Appealing for Medical Support

    American Mogul Tyler Perry

    Tyler Perry Sued for Sexual Assault by Actor Derek Dixon

  • Lifestyle
    Elon Musk Father

    How Elon Musk’s Father Married His Stepdaughter

    Murphy

    From Co-Stars to Family: Eddie Murphy and Martin Lawrence Children Get Married

    Robbie Lyle, the Arsenal Superfan Who Revolutionised Football Media

    Meet Robbie Lyle: The Arsenal Superfan Who Revolutionized Football Media

    Ida Odinga and her husband Raila cut a cake at Villa Rosa Kempinski in Nairobi on August 24, 2023 at a party to celebrate her birthday and their anniversary.

    Raila Shares One Secret of a Lasting Marriage as He Graces Glamorous Wedding 

    Thriving business of Second-Hand Clothes PHOTO/Nation

    Leading Sources of Kenya’s Mitumba

    Cleaning a dirty fridge PHOTO/The Spruce

    Step-by-Step Process for Cleaning Your Fridge

  • Sci-Tech
    Roam Electric Motorbikes in a warehouse

    Boda Boda Riders to Get Roam Electric Bikes for as Low as Ksh 25,000 in New Deal

    First Kenyan-Owned Aircraft to Land on Australian Soil

    First Kenyan-Owned Aircraft to Land on Australian Soil

    Step by Step Guide to Managing Your Google Account Storage.

    Out of Google Storage? Here’s How to Free Up Space Without Deleting Important Data

    President William Ruto inspecting ongoing Affordable Housing Project. PHOTO/PCS.

    Zuku Launches Ksh10 Per Day Wi-Fi

    Microsoft Headquarters. PHOTO/ Microsft

    Why Microsoft is Firing 6,000 Employees After Sacking 10,000 Two Years Ago

    A collage of AI photo and an English love poem that has been translated into a local language by Simba AI PHOTO/CLA/Simba AI Launch

    Simba AI: Kenya’s First AI That Understands & Translates English into Local Language

  • Behind The Brand
No Result
View All Result
The Kenya Times ~ Trending, Breaking News and Videos
No Result
View All Result

‘If you Want to Die in Jail, Keep Talking’ – Two National Security Law Experts Discuss the Special Treatment for Trump and Offer Him Some Advice

by Thomas A. Durkin
June 13, 2023
Reading Time: 8 mins read
Former President Donald Trump on his airplane on June 10, 2023, two days after his federal indictment | Jabin Botsford/The Washington Post via Getty Images

Former President Donald Trump on his airplane on June 10, 2023, two days after his federal indictment | Jabin Botsford/The Washington Post via Getty Images

FacebookTwitterLinkedInRedditWhatsApp

Lawyer Thomas A. Durkin has spent much of his career working in national security law, representing clients in a variety of national security and domestic terrorism matters. Joseph Ferguson was a national security prosecutor in the U.S. Attorney’s Office for the Northern District of Illinois, where Durkin was also a prosecutor. Both teach national security law at Loyola University, Chicago. The Conversation U.S.‘s democracy editor, Naomi Schalit, spoke with the two attorneys about the federal indictment of former President Donald Trump on Espionage Act and other charges related to his retention of national security-related classified documents.

The word “weaponized” has been used by Trump, his supporters and even his GOP rivals to describe the Department of Justice. Do you see the Trump prosecution as different in any notable way from other Espionage Act prosecutions that you’ve worked on or observed?

Durkin: Obviously, it’s different because of who the defendant is. But I see it in kind of an opposite way: If Trump were anyone other than a former president, he would not have been given the luxury of a summons to appear in court. There would be a team of armed FBI agents outside his door at 6:30 in the morning, he would have been arrested and the government would be immediately moving to detain. So the idea that he’s being treated differently is true – but not from the way his supporters seem to be arguing.

Ferguson: What you have is a method, manner and means of pursuing this matter and bringing it forward to indictment that actually completely comports with the deepest traditions and standards of the Department of Justice, which would normally consider all contexts and the best interests of society.

Special Counsel Jack Smith briefly discussed the Trump indictment on June 9, 2023, in Washington | Tom Brenner for The Washington Post via Getty Images

If Trump were your client, what would you advise him to do?

Durkin: The first thing I would do is show him a guidelines memo, which we typically create for every client to help them understand the potential consequences of the charges. Under the U.S. Sentencing Guidelines, the consequences for Trump under this indictment are serious. My quick calculations indicate that you’re talking about 51 to 63 months in the best case and in the worst case, which I’m not sure would apply, 210 to 262 months.

Whether he wants to roll heavy dice, that’s up to him. But those are very heavy dice.


Also Read: Trump Charged under Espionage Act – Which Covers a Lot More Crimes than Just Spying


Ferguson: I might pull media statements that he has made in the last couple years and explain to him how they have complicated the ability to defend him. I’d put on the table to him that I need to see every statement that he is going to make in the political realm about this before he makes it. I’d tell him he’s otherwise basically hanging himself.

I’d tell him: If you want to die in jail, keep talking. But if you want to try to figure out a way that brings about an acceptable resolution – a plea deal that opens the door to a lighter jail sentence than what the guidelines threaten and, possibly, even no jail time – you need to turn it down or at least have it screened by your lawyers.

Are there specific things he might say between now and a trial that could deepen his trouble?

Ferguson: No question about that. And people should understand that the things that he said already are being used as evidence of intent. From now on, the repetition of them constitutes new admissible evidence. It’s not like, “Oh, I’ve already said it, so I might as well keep saying it.”

That does not mean that he cannot offer the broad brush characterization, “I’m being wronged. This is the weaponization of law enforcement and the justice system against me, and I will be vindicated,” however imprudent I might think that was. But anything that goes beyond that, and into the actual particulars, referencing the documents themselves, will just make it worse.

Pages from the unsealed federal indictment of former President Donald Trump on 37 felony counts in the classified documents probe | Drew Angerer/Getty Images

The Trump indictment provides extensive details of what was said and done. Do you take those as true, or as allegations that need to be proved?

Ferguson: Both. They are technically the allegations that need to be proven, but when you’re speaking at that level of granularity, these are things that actually exist in proof, the proof that is to come.

The government basically raises the bar when it provides this form of granularity. The federal government is a risk-averse enterprise when it comes to these matters, so nothing is put in the indictment unless it exists in actual fact.

Durkin: If you’re defending someone, you treat the allegations as true.

Can you imagine a situation with all of the facts laid out in this indictment but where they would not indict?

Durkin: No.

Ferguson: That’s why we both say that in fundamental respects, this isn’t different from other national security cases. These cases work from the premise that this is a fundamental compromising of the interests of the United States. And those are the cases that the government pursues tooth and nail. With so much in the public domain, and with so much of the defendant himself speaking to all of this, it almost puts the government in a position of saying, “Well, OK, if we have to, here we go.”

Durkin: There’s only one reason the government could not bring this case, and that’s fear of violence or an attack on the republic. Once you do that, then you might as well close the Department of Justice and forget about any rule of law.

Trump knows a lot of state secrets. An angry Trump in prison has risks. If he were found guilty, what does incarceration look like for him?

Durkin: I can tell you what it would mean to anyone else. They’d be put in a hole in the wall in maximum security at Florence, Colorado, and they would apply what’s called “Special Administrative Measures.” Several of my terrorism clients have had those imposed on them. There’s a microphone outside their solitary confinement to monitor anything that they say, even between prisoners. Their mail is extremely limited. Their telephone contact is extremely limited. And that’s what would happen to anyone else similarly situated.


Also Read: Forget Stormy Daniels and Michael Cohen — it’s Accountants who could Seal Trump’s fate


Ferguson: Trump’s insistence on keeping talking about this creates a record that would justify isolation in maximum security on the basis that “We can’t trust this man not to continue to talk. We can’t trust him not to further share these secrets with people who may wish to do harm with them. The only way to avoid that is to put him in isolation in supermax where he doesn’t get to talk with people, except under these extremely closely monitored circumstances, certainly isn’t in a general population situation, gets to take a walk in a courtyard for one hour out of the 24 hours of the day, and the other 23 hours, leaving him mostly without human contact.”

Is there a specific line he could cross that would force the government to seek to detain him prior to trial?

Durkin: I predict that if he keeps it up, and especially if he keeps suggesting or threatening violence, that the government will be put in a position where they don’t have a choice but to try to move to detain him. In the real world, that’s what would happen if it was anybody but him. Normally, you can’t be threatening this type of stuff without being put in detention.

Ferguson: The smart play here would be for a judge to put him under a gag order that instructs him on what he may and may not say publicly. That’s already been done by a New York judge in the other pending criminal case against Trump. This would be a complicated exercise in balancing First Amendment rights with national security interests.The Conversation

Thomas A. Durkin, Distinguished Practitioner in Residence, Loyola University Chicago and Joseph Ferguson, Co-Director, National Security and Civil Rights Program, Loyola University Chicago

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Tags: Department of JusticeDonal TrumpDonald Trump IndictmentEspionage ActFederal GovernmentGOPJack SmithJulian AssangeNational SecurityProsecutionRepublicans
Thomas A. Durkin

Thomas A. Durkin

Tom Durkin is a nationally known trial lawyer specializing in the defense of complex federal criminal matters, with a special emphasis on the defense of prosecutions involving national security, domestic terrorism, and civil rights related matters. He has written and lectured widely on national security and civil rights issues at a number of law schools, including Duke, Notre Dame, and the University of Chicago. Mr. Durkin has been admitted by the U.S. Department of Defense to the “Pool of Qualified Civilian Defense Counsel to Practice Before the Military Commissions,” and presently serves on the National Association of Criminal Defense Lawyer’s Select Committee on National Security. He also serves as a member of the Advisory Committee of the Center for Civil and Human Rights of the University of Notre Dame Law School. Mr. Durkin was also selected as one of five lawyers nationwide to participate in the John Adams Project, a joint effort of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers to provide civilian defense counsel in the case of U.S. v. Khalid Sheikh Mohammed, et al., the initial 2008 capital trial in the Military Commissions at Guantanamo Bay, Cuba. Mr. Durkin was civilian counsel for Ramzi bin Al-Shibh who was charged with conspiring to orchestrate the September 11th attacks of the World Trade Center and Pentagon. Mr. Durkin was a Law Clerk to the Honorable James B. Parsons of the United States District Court for the Northern District of Illinois, and served as an Assistant United States Attorney in Chicago from 1978 to 1984. He currently practices with his wife and law partner, Janis D. Roberts, in their Chicago firm of Durkin & Roberts.

Related Posts

Women in Sudan face significant challenges, including limited access to education, healthcare, and economic opportunities,

Efforts to Empower Women in Sudan and the Challenges 

July 9, 2025
Kenya 2025/26 Budget Draws Criticism Over Tax Burden

Demystifying Revenue Measures and Expenditure Outlook in Kenya – 2025/26

July 5, 2025
Discipline Crisis: How Weak Parenting Shapes Our Youth

The Crisis of Discipline: How Weak Parenting is Shaping a Bleak Future for Our Youth

July 1, 2025
Nairobi Declaration on Climate Change and Call to Action

Why African Higher Education Should Focus on Disaster Management & Climate Change

June 28, 2025
Advertisement

LATEST ARTICLES

  • National Treasury Approves Two Nairobi-Nakuru-Mau Summit Road Proposals
  • Norway’s Ambassador to Kenya Gunnar Andreas Holm Announces Exit
  • Raila Blasts Ruto After His “Shoot to Maim” Order
  • Kenya to Partner with Industry Players to Lay Fiber Optic Line Linking Somalia, Ethiopia
  • HELB Explains How Students Can Update National ID on Portal
  • Erastus Edung Sends Message to Kenyans After Taking Over as IEBC Chairperson
  • NYOTA Program Announces Training & Job Opportunities for Form 4 Leavers
  • Equity Bank Announces Service Downtime
  • Harsh Kenyan Economy as Thee Pluto Shuts Down 7 Businesses
  • How US Plans to Unleash Military Drone Power
  • Kenya Shipyard Limited General Manager Dies in South Africa
  • KWS Puts on Sale Vehicles and Motorcycles from Ksh10K
  • Govt to Drop Ksh468B Nairobi–Mombasa Expressway Project
  • Govt Announces Mass Teaching Jobs for Degree and Diploma Holders in Caribbean: How to Apply
  • Nation Media Group Appoints Jane Muiruri and Sekou Owino to Top Positions
Advertisement

Company

About Us

Our Authors

Our Experts

Social Media

Policies

Privacy Policy

House Rules

Standards and Policies

Terms and Conditions

Subscription

My Account

Contact Us

Contact Us

Join Our Team

Advertise With Us

© Copyright 2025 | The Kenya Times | All Rights Reserved

Welcome Back!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Facebook
Sign Up with Google
Sign Up with Linked In
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Your Privacy and Cookies
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
LOGIN | REGISTER
  • Login
  • Sign Up
  • Cart
No Result
View All Result
  • News
    • Diaspora News
    • National News
    • World News
  • Weather
  • Climate
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Environment
  • Business
    • Banking
    • Cryptocurrency
    • Money Markets
    • Real Estate
    • Startups
  • Health
    • Mens Health
    • Mental Health
    • Wellness
    • Womens Health
  • Law & Order
    • Cyber Crime
    • Courts
    • Financial Fraud
    • Missing Persons
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Entertainment
    • Music
    • Movies
  • Lifestyle
    • Arts & Culture
    • Disabilities Matters
    • Family
    • Fashion
    • Food
    • Human Interest
    • Travel & Tourism
  • Opinion
    • Editorials
    • Letters to Editor
    • John Mukum Mbaku
    • Makau Mutua
    • Peter Ongera
    • Salim Lone
    • XN Iraki
  • Sci-Tech
  • Behind The Brand
  • Contact Us

© 2024 The Kenya Times | Our Privacy Policy | Standards and Policies | House Rules

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?