Jan 6 Committee

Trump’s Cases: Just the facts

by Dave

On the right side of my site, I have created a separate page on the four criminal indictments of Donald Trump. It is very short. I have included the best links I could find tracking these cases. If I stick with just the court rulings, it makes things a lot shorter. Sort of like reporting the final score of a football game, and not the action on the field.

The one getting the most attention is the Georgia election interference case with 19 defendants. It is referred to as the Georgia inquiry case, Fulton County case or the Fani Willis case. All defendants have pleaded not guilty, had their mug shots taken, and posted bond.

The 19 defendants are not speaking with one voice. Fani Willis wanted a start date in March 2024, while Trump wants more time. The judge has not yet decided. But, one defendant, Kenneth Chesebro, asked for a start date of October 23, 2023 and the judge apparently accepted this date. Sidney Powell filed a similar motion. The New York Times reported that they learned from John Eastman’s lawyers, that he also may opt for an early start date.

Not in Fulton County, please! Five defendants (Meadows, Clark, Shafer, Still and Latham) want “removal” to federal court. New York Times reports that Trump will also likely request removal to federal court. The case will still be held in Georgia, but it will be moved outside of Fulton County, which is heavily Democratic. If it is in federal court, Meadows and Clark will likely argue that they should not be tried at all, because they have immunity, as they were federal government employees performing their duties to the president.

So, the Georgia case is getting messy. A hearing has been set for August 28, to discuss these issues. The Judge’s focus will be on ensuring a fair trial, with sufficient time for defendants to prepare their defense and have an unbiased jury.

And Judge Chutkan in Washington, has set a hearing for August 28 to discuss the start date for the January 6 case. Jack Smith wants January 2, 2024 while Trump’s lawyers want April 2026. Big difference.

Four cases, Hush Money, Jan 6, Georgia and the Documents case are all going forward. Wheel of justice turn slowly.

Stay tuned,

Dave

Going beyond the Jan 6 Hearings

by Dave

People involved in the violence of January 6 need to go to jail. I don’t ever want our Capital police to be afraid of a mob. One death of a police officer and over 150 people injured. Unfortunately, some of those who stormed the Capital, were thinking they were patriots and doing something in the national interest. A patriot does not break the law and threaten police. There have been 884 individuals arrested. There is a constitutional right to assemble and protest, but violence can never be condoned.

People involved in the planning of the storming of the Capital and other activities aimed at illegal actions to overturn our elections, need to be tried and go to jail. I hope the efforts of the Department of Justice will result in convictions of the top echelons in the Trump campaign organizers.

Those individuals who think subpoenas for documents and testimony are optional, will need time to rethink their decision behind bars. That includes Peter Navarro and Steve Bannon. I’d like to see more convictions.

Others will suffer the consequences of making false claims in court by actions taken by Dominion voting machines. This includes Sidney Powell and Rudy Giuliani. These are civil cases, which are tough to prove. Rudy Giuliani’s law license has been suspended in New York, and similar proceedings are occurring in Washington.

Whether Donald Trump or his closest allies will be charged with crimes, remains to be seen. The latest scandal is the apparent erasing of text messages by the Secret Service, and likely connected to the leadership in Homeland Security. Obstruction of justice is a criminal offense.

New laws need to be enacted, so there is not the slightest doubt that State legislatures can never override the outcome of elections. Claims of election fraud are always serious, and the courts are the proper place to address any irregularities. After the Safe Harbor date of December 8 has passed, lawsuits which challenge the results are frivolous

Within new laws, the role of the Vice President on January 6 should be made absolutely clear, his role is strictly ceremonial.

New laws will not be enough. The electorate needs to help clean house. Yes, “Drain the Swamp” if you like the phrase. I have a long list of Senators and Congress representatives who I’d like to see gone after their election.

The January 6 committee has shown us so clearly that Donald Trump did not care at all for the orderly transition of government or respect for decision of the electorate. Mike Pence did what every Vice President has done. He stood at inauguration day with President Joe Biden and Kamala Harris.

The White House was an open door to people who had no respect for the rule of law. The President sat there on December 18, while “outside advisors” (aka, the crazies) suggested he fire his entire staff, and direct the military to seize voting machines. This was simply to stop the next administration from being sworn in on Jan 20. His actions immediately after this meeting, was to tell everyone to come to the Capital on January 6, because “it’s going to be wild.”

The message was clear, that although the electorate had spoken, Trump had no reservations on breaking the law, so he could stay in power. This is by definition a planned coup. He nearly fired the acting Attorney General, Jeffrey Rosen, because he would not sign a memo to be sent to Georgia, filled with false statements on election fraud.

Trump and his supporters encouraged a riot that they knew would be violent. This was brought out so clearly in the hearing as Trump’s security detail wanted metal detectors to protect the president, but he did not, as he said these were “his people.” He targeted his own vice president in his speech on January 6.

A good first step, would be the “firing” by the electorate on election day of the coup supporters, namely Rep. Pat Gosar, Senator Ted Cruz, Rep. Jody Hice, Rep. Josh Hawley. Rep Mo Brooks, Rep. Majorie Taylor Greene, Rep. Scott Perry and Rep. Louis Gohmert.

Of course, it is not who is voted out, but who comes in to replace this group of election deniers. We need senators and representatives who strongly believe we settle our differences at the ballot box.

Stay tuned,

Dave

https://ballotpedia.org/Counting_of_electoral_votes_(January_6-7,_2021)

Sidney Powell and Steve Bannon: Push and Push Back

by Dave

You can say pretty much what you want when you are talking to friends. But at a higher level, particularly on Social Media and cable news programs, you can be sued. In court, you can be disbarred if you go to far.

Sidney Powell is an attorney who is being sued by Dominion voting machines for making outlandish and false claims about their equipment. Her claims were repeated in many court filings, on Fox News and even in front of the President on December 18, 2020.

In August 2021, a Michigan federal judge formally sanctioned Powell, Lin Wood, and seven other pro-Trump lawyers for their suit seeking to overturn Trump’s election loss. The judge determined the nine attorneys had participated in “a historic and profound abuse of the judicial process” by filing baseless and frivolous lawsuits in order to undermine public confidence in the democratic process. The judge ordered them to pay Michigan and Detroit for their expenses in defending against the lawsuit. The court also referred Powell and the other lawyers to state disciplinary authorities for possible disbarment for ethics violations.

Her legal problems are continuing. On January 8, 2021, Dominion sued Sidney Powell and for defamation and asked for over $1.3 billion in damages. On August 11, 2021, the courts denied a motion to dismiss, so their lawsuit case will move forward.

Wikipedia: Sidney Powell

Dominion Systems: Legal Updates

Insider: Trump Campaign Purges Conspiracy Theorist Attorney, Sidney Powell

She is a very bright and well educated attorney, with excellent experience both as a prosecutor and defense lawyer. She began her career as an assistant US attorney in the Western District of Texas, and lead many prominent cases. She began her legal career as one of the youngest federal prosecutors in the US, at the age of 23. (Biography provided in Wikipedia link.)

How was it, that she could not see the push back in the form of lawsuits coming? On November 22, 2020, Attorneys Jenna Ellis and Rudy Giuliani announced that Sidney Powell was not part of the Trump’s campaign legal team, as her claims of voter fraud became more extreme. Somehow, the fraud extended to Hugo Chavez, who had been dead for seven year. I could only think that as she ascended to the rarefied air, of being on the legal team to the Trump Campaign and sought after by all the conservative broadcaster, she just couldn’t put limits on what she claimed, which morphed rapidly into an immense international conspiracy, and all the judges who ruled against her were corrupt.

There are so many others who will be held accountable for their actions in 2020. Steve Bannon trial for ignoring a subpoena from the January 6 committee began yesterday. I believe this time, Steve Bannon will be found guilty.

Steve Bannon is a political agitator who knows how to promote his view on social media and the conservative news stations. He was either fired or pressured to resign from the White House on August 18, 2017, a week after the attack on the Charlottesville Unite to Right march by white supremist groups. Trump put out a statement that in effect put blame on both sides for the violence.

In August 2020, Bannon and three others were arrested and charged with conspiracy to commit mail fraud and money laundering in connection to the We Build the Wall campaign. The defendants allegedly enriched themselves, despite promising that all contributions would go to building a wall. Bannon pleaded not guilty and was pardoned by Trump before his trial date.

I believe Bannon will be a case of the real push back coming in 2023, in relation to the planning of January 6 attack on the Capital. We shall see.

Wikipedia: Steve Bannon

Stay tuned,

David Lord

Why was Jeffrey Clark’s home searched?

by Dave

For those who follow the January 6 hearing, Jeffrey Clark’s name is now very familiar. He was the relatively obscure DOJ environmental attorney that Trump wanted to install as Attorney General to perpetuate the “big lie” on election fraud.

It is unknow why his home was searched, or items like his cell phone, and computer seized. But, I am starting to get my suspicions based on what I’ve heard in the January 6 hearings in the House.

The Committee has decided to take a pause, as it has stated that they have received new information that will take time to review. Hearing will resume in July.

Reference: Jan 6 hearings (official record) NPR’s summary of Friday’s hearing

First, this search was done with a legal search warrant. Searches are often done early in the morning because they want to come in when the person is home and as soon as possible. The element of surprise is critical.

My suspicions are that Trump attempted to buy Jeffrey Clark’s loyalty by suggesting he could work for the Trump organization in some manner after Biden was sworn in. Jeffrey Clark would have to first have to set up a special counsel to investigate election fraud in the 2020 election, and send out a memo to all of the swing states, stating that they had discovered election fraud. To win Trump’s favor, he might also have inform VP Pence that the DOJ supported the “John Eastman” radical theory that the VP had sole discretion in counting the ballets. (see note below)

Jeffrey Clark did get subpoenaed by the House committee, and he appeared and plead the Fifth over 100 times. )The Fifth amendment to the Constitution gives people the right to refuse to answer questions that may be incriminating.

Big somehow, Trump and the campaign lawyers knew that Jeffrey Clark was their man inside the DOJ. How did that happen? It’s already on record that Clark violated Department policy by going to White House meetings without permission from his supervisors. I think for a search warrant at this stage, there was evidence of a more serious criminal action.

Trump had already talked to Attorney Sidney Powell about being special counsel for election fraud. In this ways, the “big lie” of an rigged election, and Biden as an illegitimate president could perpetuated beyond January 20. Money would continue to pour in to his SPAC, using the “Stop the Steal” theme to pay Trump’s legal expenses.

Note, these are marketing themes, “Promises made, Promises kept”, “Drain the Swamp”. “Lock her up” and of course “Hang Mike Pence.”

The Justice Department is not revealing anything about the search warrant. It could be for something occurring after his time in the Justice Department or related to his area of expertise – environmental law. DOJ isn’t going to be saying anything until they have an indictment.

If the search identifies anything that supports criminal charges against Jeffrey Clark, he will likely blame others, including Donald Trump. His excuse will be “blind loyalty” to number 45.

Stay tuned,

Dave

John Eastman’s radical theory on elections:

Eastman found ambiguity in the procedure for counting the Electoral College votes outlined in the 12th Amendment to the U.S. Constitution. Specifically, Eastman pointed to the phrase: “… and the votes shall then be counted.” He saw the fact that phrase was written in the passive voice as meaning that the vice president would have sole authority on which votes to count. Congress, in 1877, had passed a more specific law dictating how Electoral College votes would be counted, specifically how to settle disputes. But Eastman was among a set of scholars who saw that law as being unconstitutional.

I’m not exactly certain who this “set of scholars” are, but one can find a lawyer to advance almost any proposition in court, if one pays their bill.

Fight for Trump’s documents: End game.

by Dave

On December 9, Donald Trump lost his case in the Circuit Court of Washington DC to bar the transfer of documents held in the National Archives from being handed over to the House Select Committee investigating the January 6 siege of the Capital.

The end game depends on mid-term election in 2022.

Donald Trump will ask the Supreme Court to review the decision. He has been given 14 days to do this. He will wait until the last minute on December 23 to petition the Supreme Court.

Now, my prediction. How will all this end? In late January, 2022, the Supreme Court will decline to hear this case. The National Archive will comply with the subpoena. The legitimacy of the Committee and their efforts to obtain the necessary testimony and documents will be upheld.

The court said Trump failed to demonstrate the harm that would be caused by releasing the documents to the Committee. The harm is not to the country, but to Trump. It will show the extreme measures Trump will go to in order to promote himself. “Stop the steal” attack on the Capitol resulted in injuries and deaths to people doing their job.

Republicans are hoping to regain the majority in the House in the mid-term election, and then they will disband the January 6 investigation. The only way to prevent this, is to vote in Democratic representatives of Congress. The Jan 6 committee must be allowed to complete their work.

Stay tuned,

Dave

Links:

CNN: Appeals court rejects Trump’s bid to keep January 6 documents from House committee