Like all veteran criminal defense lawyers, I have faced unwinnable trials. Early on, a mentor offered comfort on the eve of certain catastrophe: “The prosecutors,” he said, “will always do something to help.” Over the next 40 years, that turned out to be true. The prosecutor did always gloss something over, or dwell too long on some obscure detail or overreach on some ruling. More than a few “unwinnable” cases ended in acquittals. But no guilty defendant has ever received more help from his prosecutors than President-elect Donald Trump. First, Attorney General Merrick Garland waited almost two years before appointing Special Counsel Jack Smith to launch an investigation. That de
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