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Capitol Insurrection Donald Trump January 6 Justice Department

DOJ ‘Likely’ To Indict Trump’s ‘Whole Criminal Gang’ For Jan. 6: Harvard Law Professor 

Even though he’s already on the hook for 37 criminal counts handed down by a grand jury empaneled by Justice Department Special Counsel Jack Smith as a result of his mishandling classified documents, failed former president Donald Trump and those who helped him plan and carry out the January 6, 2021 Capitol insurrection are also likely to face serious charges for their role in what transpired that day, according to Harvard University Professor Emeritus Laurence Tribe.

Tribe’s comments came a day after a report from the Washington Post that Smith’s team of investigators will be traveling to the state of Georgia on Wednesday to interview Secretary of State Brad Raffensperger, who was pressured by Trump to “fine” nearly 12,000 votes so he could be declared winner in the Peach State.

“This would be Raffensperger’s first interview with the Justice Department.

“The Justice Department’s investigation of efforts by Donald Trump and his advisers to overturn the 2020 election results is barreling forward on multiple tracks, according to people familiar with the matter, with prosecutors focused on ads and fundraising pitches claiming election fraud as well as plans for ‘fake electors’ that would swing the election to the incumbent president.”

A main focus of Smith’s ongoing investigation, the Post notes, “is the conduct of a handful of lawyers who sought to turn Trump’s defeat into victory by trying to convince state, local, federal and judicial authorities that Joe Biden’s 2020 election win was illegitimate or tainted by fraud.”

The attorneys in question are Rudy Giuliani, Jenna Ellis, John Eastman, Kurt Olsen, Kenneth Chesebro, and Jeffrey Clark, according to the Post.

In response to the report and a tweet from New York University School of Law professor of law Ryan Goodman, Tribe wrote, “This tells me Smith is likely to ask a grand jury to indict the whole criminal gang that conspired to overturn the presidential election and overthrow the government. That includes Trump at the wheel’s center and his corrupt fellow seditionists and insurrectionists as its spokes.”

It will also be interesting to see if Special Counsel Smith decides to indict any Republican members of Congress who allegedly played a role in Jan. 6. Among those who are known to have been active in the Capitol insurrection are Reps. Andy Biggs of Arizona, Marjorie Taylor Greene of Georgia, and Matt Gaetz of Florida.

Will Smith make a clean sweep and get all of the co-conspirators? If he does, the country would be a hell of a lot safer as a result.

 

Categories
Crime Donald Trump Elections Justice Department

Jack Smith’s Latest Move Could Wreck Trump’s 2024 Political Dreams

On Friday evening, Justice Department Special Counsel Jack Smith filed paperwork that would delay the upcoming trial of former president Donald Trump from August to December.

The Washington Post reports:

Federal prosecutors said in its Friday court filing that they have asked to delay Cannon’s proposed timetable by about four months — with jury selection beginning Dec. 11 — because Trump’s lawyers will need up to two months to obtain the security clearance required to view some of the classified documents. The government alleged in its indictment against Trump that the former president improperly retained 31 classified documents at his Florida residence, some of which include information about foreign countries’ nuclear and military capabilities.

A delay in the trial date would seem to be good news for Trump and his defense team, but it could wind up spoiling his chances of winning the 2024 Republican presidential nomination, because it would take place right as GOP primaries in key states are beginning.

According to Newsweek, “If the request is approved, Trump’s trial will begin just two months before the GOP primary season, when Republican voters in Iowa, New Hampshire, Nevada and South Carolina head to the polls.”

Most of the Republican primaries are scheduled for March, which means a December start for the case could stretch far beyond that date, with Trump having to appear in court for his trial instead of being in the campaign trail, which would leave him vulnerable to attacks on him by other GOP contenders.

And that’s not the only bad news for Trump when it comes to the classified documents case.

If Trump is found guilty on any of the charges, it could be a major boost to his Republican opponents and provide them exactly the cudgel they need to bludgeon the failed ex-president by painting him has unable to win against President Joe Biden with the stigma of a criminal conviction on his record.

A conviction and prison sentence would also make voters wonder how Trump is supposed to be leader of the country while incarcerated. Would his vice president pardon him and then hand back power? Is such a move even legal under the Constutition?

Whatever happens in the months ahead, it seems safe to bet that the chances of Donald Trump being president again are fading by the day.

 

Categories
Crime Donald Trump Justice Department WTF?!

Kimberly Guilfoyle Suggests She Knows More About Federal Law Than Jack Smith

Disgraced former Fox “News” host Kimberly Guilfoyle, who is engaged to Donald Trump Jr., wants us all to know that Justice Department Special Counsel Jack Smith doesn’t understand federal law the way she does, and that means the criminal case against failed former president Donald Trump doesn’t have a chance of succeeding.

On her podcast, Guilfoyle went on for several minutes about the indictment of her future father-in-law, suggesting that presidential power always overrides the law, even after a president leaves the White House and returns to private life.

“You’ve heard a lot about the Espionage Act and all of the bluster from Special Counsel Jack Smith, but there’s another law called the Presidential Records Act that undercuts the entire argument. Any record the president or his staff creates or receives in their official duty or capacity is a presidential record,” Guilfoyle insisted.

“Translation: Donald Trump had the right under the law to maintain custody of his records whether they were classified or not,” she added.

“So what we’re really dealing with is just another example of Democrat prosecutors creating new legal theories to weaponize the law against Donald Trump,” Guilfoyle claimed.

Wow! Is that true? Nope. What Guilfoyle said is a complete crock of shit, as CNN fact-checker Daniel Dale explained in March.

The Presidential Records Act says that, the moment a president leaves office, NARA (National Archives and Records Administration) gets custody and control of all presidential records from his administration. Nothing in the act says there should be prolonged “talk” or a negotiated “agreement” between a former president and NARA over a former president’s return of presidential documents – much less that there should have been a months-long battle after NARA first contacted Trump’s team in 2021 to try to get some of the records that had not been handed over at the end of his presidency.

The Presidential Records Act could not possibly be clearer. It reads:

“Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President.”

Reports are that Trump is looking for a good attorney to represent him in the upcoming documents case. Since Guilfoyle seems to be such an expert, why doesn’t he ask her to be his lawyer?

Probably because he knows she’s a clueless moron and he’d wind up getting a 500-year sentence.

 

Categories
Crime Donald Trump Justice Department

One Of Trump’s Favorite Legal Tactics Won’t Work With Jack Smith: Former US Attorney

With failed one-term, twice-impeached former president Donald Trump now facing a second arraignment on Tuesday in Miami after being indicted on 37 criminal counts related to his mishandling of classified documents, he may be planning to delay and stall the trial as he has in the past.

But a former federal prosecutor is warning that if Trump thinks he can simply run out the clock, he’s about to face a “brush with reality.”

In a column she wrote for MSNBC, Joyce Vance, who served as U.S. Attorney for the for the Northern District of Alabama from 2009 to 2017 writes, “Increasingly, the judiciary seems to be on to Trump. That’s bad news for his lawyers as they prepare for his arraignment. Tuesday will be Trump’s introduction to the federal criminal justice system. He will be called upon to enter a plea in court. The issue of pretrial detention will be resolved, and while the former president is likely to be released, he will have to arrange for a bond if one is ordered and obey any conditions of release the judge sets.”

What happens next will be a rude awakening for the disgraced ex-president.

Trump may have already damaged his credibility with the judges who will now handle the first level of any appeals stemming from his case. That should mean Trump is unlikely to get away with the sort of borderline-frivolous moves that he has often attempted. He will have to make legitimate legal arguments. To the extent that he does not have them, he will be out of luck.

Where does that leave Donnie, even if he happens to get a sympathetic trial judge?

Any judge will be subject to review of the judges on the 11th Circuit Court of Appeals, which has already ruled against Trump on a previous occasion.

There will be no more bending the rules that others have to play by in the legal system for Donald Trump. He will not be in control of this process. For the time being, former president or not, he is just another criminal defendant.

A criminal defendant with a determined prosecutor. That’s not good news for a man accused of as many crimes as Donald Trump.

 

Categories
Crime Donald Trump Justice Department

Former US Attorney Says THESE Are The ‘Surprises’ A DOJ Indictment Of Trump Could Reveal

Earlier today, attorneys for failed one-term, twice-impeached former president Donald Trump met with officials at the U.S. Department of Justice for approximately two hours.

According to CNN:

Lawyers for former President Donald Trump met with Justice Department officials on Monday following a public request for a meeting about what they characterize as prosecutorial misconduct, according to sources familiar with the matter.

The meeting comes as the special counsel’s investigation into Trump’s handling of classified documents and possible obstruction appears to be nearing its final stages.

The meeting lasted an estimated 90 minutes. Trump’s attorneys did not comment to reporters after leaving.

While Trump’s team had publicly asked to meet with Attorney General Merrick Garland, he was not believed to be in the meeting.

Additionally, thanks to the New York Times, we now know what one of Trump’s former attorneys, Evan Corcoran, handed over recordings to the Justice Department that could be incredibly damaging to the disgraced ex-president.

“The level of detail in the recording is said to have angered and unnerved close aides to Mr. Trump, who are worried it contains direct quotes from sensitive conversations,” the Times reported.

Those developments led former U.S. Attorney Joyce Vance to tell MSNBC host Ayman Mohyeldin that it’s clear prosecutors have the evidence to indict Trump.

“The evidence, if the public record is correct, is a solid evidence, prosecutors should be able to obtain and sustain a conviction. That answers the question, can you indict?” Vance explained. “Then you have to answer the more nuanced question of should you? A big part of that is whether or not an indictment would be consistent with how similar situations have been handled in the past. In this instance, indicting Trump based on his conduct would be very consistent with how other cases involving retention but not dissemination of classified or other sensitive material has been handled.”

Vance went on to note that prosecutors have the ultimate weapon when it comes to gathering evidence: A subpoena. And we could soon learn all sorts of “surprises” about what the DOJ found during their investigation.

“Typically, the government knows a lot more than the public does when a case is indicted. This is a little bit different because the reporting has been so outstanding. Many reporters are very well-sourced,” Vance. “But it would be surprising if there weren’t a few surprises it would that could be good or bad for prosecutors. It’s possible that there could be some form of exculpatory evidence that suggests Trump is not guilty, maybe of any charges, or at least some of them. But It’s also possible that the government’s evidence gets much stronger when they access information through the grand jury. They may even be able to prove, for instance, that Trump disseminated these materials instead of just retaining them. And we will have to wait until we see the indictment to know how that shakes out.”

Special Counsel Jack Smith may hand down indictments against Trump as soon as this week, according to reports.