The conduct claimed is perhaps unprecedented and certainly flagrant. If proven true, the judge would be well within her rights to consider dismissal.
Lost in the breathless headlines over the indictment of President Trump for alleged violations of the Espionage Act is a story that deserves much more attention than it has received thus far: the allegation that a senior official at the Department of Justice attempted to shake down Trump’s co-defendant’s lawyer. It is a scandal in the making that could result in the investigation of senior DOJ officials, which should lead to public congressional hearings, and that might even result in the entire case against Trump being dismissed.
Trump’s co-defendant is Waltine “Walt” Nauta, a Navy valet who served in Trump’s White House and who remained a personal aide to Trump after he left office. Several weeks ago, Nauta’s lawyer, a distinguished, highly-regarded Washington attorney named Stanley Woodward, leveled accusations against senior members of the Department of Justice, including DOJ Counterintelligence Chief Jay Bratt, who is now a part of Special Counsel Jack Smith’s team of prosecutors. According to news reports, Woodward claimed in a sealed letter to D.C. District Chief Judge James Boasberg that, in a meeting to discuss Nauta’s case, Bratt indicated that Woodward’s application to be a D.C. Superior Court judge could be impacted if he could not get Nauta to testify against Trump.
If true, and I see no reason why Woodward would make such a threat up — and especially no reason why Woodward would risk his career by making such a representation to a federal judge — Bratt’s alleged misconduct could result in heavy sanctions, and is a potential ground for dismissal of the entire case against Nauta and Trump. Depending on what exactly was said, Bratt could even face criminal prosecution himself.
In cases of flagrant prosecutorial misconduct, courts have the discretion to dismiss indictments altogether. If Woodward’s claims are proven, U.S. District Judge Aileen Cannon would be well within her rights to consider a dismissal here. The conduct claimed is perhaps unprecedented and certainly flagrant, amounting to nothing less than an effort by a high-ranking DOJ official to deprive a defendant of his Sixth Amendment right to counsel through inappropriate and potentially unlawful acts.
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