While the Senate considers whether Donald Trump’s incitement of the Capitol mob is a “high crime and misdemeanor” worthy of impeachment, he and his associates may be on the hook for separate, criminal prosecutions.
A lot of us on this site have said that prosecution should happen, that the cases are there to be made, and that it’s a question of political will. Prior to 1/6, I would’ve favored the federal investigation and prosecution of Trump but I was probably uncertain to skeptical as to whether the Biden DOJ would have the political will to go forward. Post 1/6, I think the political will to go after Trump for his role is there. That’s because every single insurrection case puts him as the center of it. The fact that the Feds are looking at RICO charges for the conspirators would seem to open the door to prosecutors/investigators making clear links between the right wing groups and the Trump campaign and WH team (or key players within them). A true investigation would look under every stone to outline how these groups took inspiration and orders from Trump, outlining the stochastic communication methods and the intent behind them. I really do hope we get the comprehensive investigation that all Americans deserve.
This is going to put the Republican Senators in a bind, if they argue Trump can’t be impeached because he is a private citizen they then can not turn around and say he can’t be tried because what actions he took while being President.
“If [Trump] honestly believed … that the election was stolen and there were votes to be revealed, then he’s not criminally liable,” Levitt, who also served under Obama as top DOJ voting section lawyer, said. “If he didn’t really buy it, if he didn’t really think the election had been stolen, then he might well be criminally liable.”
Trump was saying the 2016 election was rigged if he lost before he actually won. He was wrong, of course.
He was saying the 2020 election was rigged, and he did lose. By a lot. Wrong again.
“They better be investing in some very competent criminal defense counsel,” which precludes Trump. He won’t let go of any money upfront and I doubt “competent” lawyers would fall for that, given his propensity to stiff everyone who works for him.
His conversations with the GA SOS were apparently not recorded but they could still question Raffensberger about the conversation and see if Graham tried to pull the same stunt in any other states.
I’d be shocked if Trump or anyone else on that stage is charged with any crimes for the words they spoke that day. Charging anyone for speech is rare and former presidents? I think it would take a very explicit call to seize the capital to take control of congress and harm the people who oppose you.
While prosecuting Trump might seem like the priority, Trump could have never done the damage he did without his enablers in the GOP/right-wing media/conservative orgs. If you want to prevent a Trump resurgence or future (more competent) Trump, then you need to demonstrate that aiding Presidential lawbreaking has consequences.
I guess ETTD is not just a catchy snarky tap line.
The case for Trump not knowing shit is strong, and he has a quite a few statements made in public with reporters present stating “no one knew this”, or “not everyone knows this,” and the like. But the aides, the friends, just about anyone who isn’t DJT has a record of make legal, or sound business decisions. Trump not so much, and most of it has been reported on over the years.
So the moral of this story is DJT may skate, but his associates will go down for him. And the tsunami of legal and professional damage that is coming their way will have effects long after DJT is gone.
There has to be a similar Latin phrase to caveat emptor, but with object of who to be wary of is a businessman or politician.
There is more to possible criminal charges than this. There seems to be something about his administrations mishandling of the pandemic that is getting attention now.
Probably more to come if this New Yorker cover is indicative of the last days in office.
Not happening. All prosecutions, especially of public figures, have an unstated political calculus supporting them: will this be seen as justice in the arena of public opinion? With 45% of the electorate still in his thrall and Congressional elections every two years, no politically appointed AG and no DOJ is going to make that calculation and file charges. against top leaders. Trump is particularly careless about covering his tracks, but the Feds will back off with some kind of disclaimer and the few low level idiots will be the chumps. No justice for the dead; no justice for the damaged democracy.
In addition to the insurrection charges, I believe the Southern District of New York is still looking to prosecute Donald Trump for his election law violations that Michael Cohen has already pled guilty to. The payment to Stormy Daniels was a clear violation of federal law and the way in which Cohen was reimbursed was a clear violation of the tax code. Trump could, and should be incarcerated for those offenses.