Trump legal problems 2023

Quick updates on Trump’s Criminal Cases (Nov 13, 2023)

by Dave

Jan 6 election interference case: Trump’s legal team has asked the trial be televised. This is a non-starter as no federal criminal trial can be broadcast. Trial set to begin March 4. Gag order put on hold by Appeals court. The 3 judge panel will hear oral arguments Nov 20 on the gag order. March 4 is also super Tuesday Republican primary, where roughly 1/3 of all delegates are chosen.

Trump has filed for a dismissal of all charges. On Nov 5, the Special Prosecutors responded forcefully, as follows (from first sentence of arguments):

“Rather than challenging the indictment on its merits, the defendant’s motions (ECF Nos. 113 and 114) attack the indictment by mischaracterizing its allegations, raising inapposite hypotheticals, and advancing arguments that are long on rhetoric but short on law. Stripped of those distractions, the defendant’s statutory and constitutional claims are entirely meritless.”

Classified documents case: Still scheduled to begin May 20, 2024 in Ft. Pierce, FL. Judge Aileen Cannon, has ruled against moving the trial date to beyond November 2024. A meeting is scheduled for March 1, 2024 to reconsider the deadlines and Trump’s side can again argue that the start date is too soon.

GA Election Fraud conspiracy case: Right now (Nov 12), four guilty pleas have been accepted, so there are now 15 defendants in the case. As requirements of the plea agreements, each defendant must be willing to testify honestly for the prosecution. Note that the prosecution has indicated that they would like a March 4 trial start date, which coincides with the Jan 6 federal case in Washington.

As of November 6, defendant Harrison Floyd, a former Black Voices for Trump director, is requesting government agencies turn over 145,000 Fulton absentee ballots. Judge Scott McAfee will rule on Floyd’s request “in the coming days” according to news reports. Court observers expect more defendants to opt for plea deals in the coming weeks. Harrison Floyd might be one of them.

Judge Scott McAfee expressed concerns that the courtroom for the trial of 15 defendants is not large enough. He wants the trial to be as open as possible, which includes allowing the media to televise the proceedings.

Hush money case, which is still scheduled to begin March 25. Judge Juan Merchan has said he is open to reschedule this case and will hold a conference with attorneys in February 2024 on start dates. This is a criminal case, and Donald Trump is required to be present.

Scheduling these four court cases isn’t easy. The Hush Money case might be the shortest, and ready for trial, but the judge might hold off until the other cases are done.

Other court cases:

Minnesota Supreme Court refused to consider denying Donald Trump from running in the primaries. The suit is based on the Fourteenth Amendment, Section 3 which bars any candidate who has engaged in insurrection from holding office. The Court based their decision on the fact that primaries are a means of deciding the party’s candidate, not an election to a government position. I support this decision, because the outcome would be very undemocratic. Elections must be decided by the voters.

Those who wish to bar Donald Trump from the Minnesota, will have a second chance after he is on the ballot. A similar court case in proceeding in Colorado.

Stay tuned,

Dave

Trump’s testimony on Fraud Cases

by Dave

Trump’s rants on the stand did not help his case one bit. Per CNN: “Judge Arthur Engoron, who has clashed with Trump throughout the trial, at first tried to stop the former president’s political barbs and speechifying, telling his lawyer Chris Kise to “control your client” and threatening to have Trump removed as a witness.”

The prosecution was trying to connect the overvaluations to actions Trump either initiated or approved. Also, questioning Trump about known facts, and getting a dishonest reply, would further diminish his credibility. Of course, his legal team would coach him on ways to be evasive, but not dishonest.

Why did his testimony hurt him? When a question is not directly answered, then the judge can conclude that the witness refused to answer the question. In this civil case, the judge can infer this in a negative manner, further linking Trump to the fraud. Of course, the negative inferences can be raised on appeal.

I watched various news channels, and of course, Fox News commentators were trying to make financial fraud look like something that shouldn’t be a crime because no one was hurt by his fraud. This is terribly wrong. Fraud hurts the integrity of the system. I can get a bank loan based on my real income and assets. I don’t want someone else qualifying based on fraudulent appraisals, and getting approved with better terms by making numbers. That’s outrageous and makes a mockery of our laws and rules.

Finally, Fox News commentators stated that the AG James of New York State targeted Donald Trump’s organization. Well, this was only after his attorney and fixer, Michael Cohen, admitted under oath in Congress, that the Trump organization including Donald Trump and CFO Allen Weisselberg routinely “cooked the books” to impress banks and insurers. So, all Attorney General Letitia James was saying at election time, is that she would prosecute anyone where there was ample evidence of wrongdoing including Donald Trump. And, they were cooking the books on all their properties in New York State, so it was fraud on a massive scale.

A fireman goes where there is smoke. AG James was just doing what the state pays her to do – enforce the laws for everyone.

Usually, if some evidence beneficial to a defendant has not been presented during questioning by a prosecuting attorney, the defense attorney on cross examination, will allow defendants a chance to provide more evidence. The defense decided not to cross examine Trump, because his ramblings about politics and his wealth would not help him.

Fox News commentators will not be reporting how 3 appellate judges, all appointed by presidents from the Democratic Party, ruled in favor of Trump this week, in lifting the temporarily the gag order in the federal January 6 case. Judges look at the briefs, laws and precedents, not politics.

Also, cases to disqualify Trump from the ballot are being heard in Colorado and Minnesota. I am hopeful these cases will fail, as I believe, a democracy has to let all voters select their president.

The process of equal justice based on the law takes time. Trump’s legal team will immediately appeal Judge Engoran’s verdict. And they will request his judgement be stayed until the appeal can be decided. This is another check against judgements based on errors committed in the court proceedings.

So, this case will continue into 2024.

Stay tuned,

Dave

Quick Updates

by Dave

New York State Business Fraud Case

The prosecution is close to finished, with 4 Trumps being called to testify by prosecutors: Donald, Jr, Nov 1, Eric, Nov 2, Ivanka, Nov 3 then Donald Trump, Monday, Nov 6. There may be an expert witness, on Nov 7, then the defense can call witnesses. To me, the case could easily wrap up before Dec 22.

January 6 Federal Case

Judge Chutkan has re-imposed the gag order, as requested by the Special Counsel, Jack Smith. This will spawn another appeal to reverse the judge’s decision. Trump response:

The Corrupt Biden Administration just took away my First Amendment Right To Free Speech. NOT CONSTITUTIONAL! MAKE AMERICA GREAT AGAIN,” Trump wrote on his Truth Social site about an hour after the brief notice emerged from the court.

The judge has also asked Trump if he would like the case televised. He has until Nov 10 to give his opinion. Generally, federal cases are not televised.

Stay tuned,

Dave

Fani Willis scathing reply to Jim Jordan

by Dave

Donald Trump faces 91 criminal charges against him in four different court cases. And Trump is the front runner by far as the presidential candidate for the Republican party. And as hard as Trump pushes against the set timetable of cases, these cases will go to court in Washington, NY, Florida and Georgia in 2024. Trial date for Georgia is still up in the air, but everything points to a trial start date before the elections. I updated the summary on these four criminal cases in the page to the right of this post.

Rep. Jim Jordan is outspoken chairman of the Judiciary Committee. Jordan would like to help Trump, by claiming these court cases are a part of the weaponization of our legal system and conduct hearings to forward his contention. He can say anything he wants in the Committee, on Twitter and Fox News. But Jordan can not interfere with a prosecution, by ordering documents and testimony from the District Attorney Fani Willis in Fulton County, Georgia on the election interference case. Oversight has its limits.

Separation of our branches of government is essential to a functioning Democracy. Neither Democrats in the Senate nor Republicans in the House, can use their committees to interfere with the judicial system. They can try in the Georgia case, but with strong district attorney in charge, this effort will fail.

Jordan demanded information on the Georgia case twice. The second time around, DA Fani Willis had had enough. Jordan should recognize the famous one-two punch, which was beautifully executed. In boxing, this is a quick left jab, followed by a right cross. An excerpt from her letter below:

A charitable explanation of your correspondence is that you are ignorant of the United States and Georgia Constitutions and codes,” Willis wrote in a letter to the lawmaker. “A more troubling explanation is that you are abusing your authority as Chairman of the Committee on the Judiciary to attempt to obstruct and interfere with a Georgia criminal prosecution.”

Fine writing. Jordan can take his choice between the charitable or troubling interpretation. She ends her letter on a very positive note:

My attached prior letter provided you with four noble suggested uses of your authority as Chairman of the House Judiciary Committee: (1) enhancing funding for victim-witness advocates; (2) expanding funding for testing all rape kits; (3) supporting the Credible Messengers program, which helps to turn around children in trouble with the criminal justice system; and (4) ensuring adequate funding to support state crime labs, which test for drugs like Fentanyl. I would encourage you to focus your attention on those issues, which would make life better for the American people.

Jordan is hell bent on punishing DA Fani Willis and Fulton County, GA with a cut off of federal funds for daring to prosecute Trump. Thank God we have independent judiciary system, which bullies can not mess with, even if they appear on Twitter, Fox News and other biased cable news programs.

So much for aid to state labs that test for Fentanyl. Jordan isn’t interested. Jordan does what Trump wants, and Trump’s hatred for Fani Willis and the conspiracy charge is palatable. Jim Jordan, as of today, is the Republican nominee for the Speaker of the House. He lacks the votes to become Speaker and we will soon return to the saga of House republicans without a leader.

Jordan’s attack on DA Fani Willis is misplaced. It is not the attorney general who will determine Donald Trump’s fate, but a jury composed of ordinary citizens. This is the same for all Americans.

Stay tuned,

Dave

fani-willis-response-to-jim-jordan-1011Download


Trump’s Legal Problems – October 4, 2023

by Dave

Trump showed up for part of the third day of the New York State civil trial. He is now under a gag order not to make disparaging comments about court employees or their families. I predict two big former employees will be testifying next week, first Allen Weiselberg, who was Trump’s Chief Financial Officer, and Michael Cohen, who was Trump’s attorney.

Trump has blasted the whole case as unfair, to put it mildly, without a jury to evaluate all the facts. However, legal experts have laid the blame, partly on Trump’s lawyers, who did not object a non-jury trial.

See Link: “Mind-blowing”: Legal experts warn that lawyer’s incredible “screw-up” is “very ominous” for Trump

I’m not sure they would have succeeded, because they would have to argue for special circumstances exist to allow for a jury trial.

Trump’s attorney Alina Habba adds a bit of drama, but she is not winning any points with the judge:

You Tube video (4.4 minutes) https://www.youtube.com/watch?v=DLS80Vxe59U . Fallon Cousins is not a lawyer, but a progressive commentator.

Will Trump testify? He said he wants to, but his lawyers will likely suggest to him that he has more to lose than gain. If he testifies and makes false statements, he can be charged with perjury.

In January, E. Jean Carroll defamation case II will begin. Carroll is seeking an additional 10 million dollars in her suit.

Now on to the heavy hitters- the criminal cases which are Hush Money, Georgia Conspiracy, Classified Documents and January 6 Federal Case, with prosecutors Bragg, Willis, Smith and Smith, respectively.

Hush Money Case: Trump’s lawyers filed for a motion to dismiss of all charges (summary judgement). The case is scheduled for trial in March 2024 in Manhattan. I believe the motion to dismiss will fail.

Georgia Conspiracy: Recent ruling, favorable to the prosecution, have help this case. Both Sidney Powell and Ken Cheseboro have requested a speedy trial. The judge set their trial to begin on October 23, 2023. What they did not want, was to be tried together, and they lost their bids for separate trials.

Others have tried unsuccessfully to have their cases moved to federal court. It was widely anticipated that Donald Trump would also file for removal to federal court. Trump did not file for removal and decided to remain with the others in Georgia.

Then, prosecutors have accepted a plea deal for Scott Hall, one of the defendants, in exchange for his testimony, which likely will be very damaging to Sidney Powell’s case. Additional defendants might to get similar plea deals, which allow them to avoid jail time. Legal experts consider that AG Willis just has too many defendants to try at the same time, so it is to her advantage to offer plea deals, if the defendants can help her case. So, as I count, the large group of conspirators, is now down to 16, down from 19 before.

Classified Documents: Trial to begin May 2024. Judge will have to make some contentious rulings on rules regarding the inspection of classified documents. With the back and forth of motions, this could impact the trial start date. Trump’s lawyers want this case to be held after the presidential elections, and prosecutors are insisting on the May 2024 start date. At issue are rules established in the Classified Information Procedures Act or CIPA. The judge might just push back the start date.

Federal January 6 Case: Trial date to begin March 4, 2024. Trump lost in a bid to delay until April 2026. Just in case you’ve forgotten the charges: The special counsel indictment explained Trump was charged with conspiracy to defraud the United States, witness tampering, conspiracy against the rights of citizens, and obstruction of and attempt to obstruct an official proceeding. This will be televised, and the timing, just before Superbowl couldn’t be worse.

After Trump attacked the courts and prosecutors, Judge Chutkan ordered a partial gag order, limiting what Trump could say about prosecutors, potential witnesses and others. Trump’s lawyers argued against this, and a hearing is set for October 16. Gag orders for both prosecutors and defendants are necessary at times, particularly so jurors and witnesses are not inadvertently intimidated by what is said in public.

That’s a wrap. I forgot Steve Bannon “Build the Wall” fraud case starts in May 28, 2024 in Manhattan, so court reporters will go back to Judge Juan Merchan courtroom, following the Hush Money case. Bannon was pardoned by Trump but they were able to file criminal charges against him under NY State law.

And of course, Rudy Giuliani’s lawsuit against Joe Biden for referring to him as a Russian pawn. Wasn’t Rudy Giuliani practically broke? Don’t think this one has legs.

Stay tuned,

Dave

New York State Case – Day 1

by Dave

This is thoroughly covered by the news media. I just wanted to clarify a few points:

(1) Why is this a non-jury trial?

Engoron said that neither side sought a jury and that state law doesn’t allow for juries when suits seek not only money but a court order setting out something a defendant must do or not do.

Trump has complained that he is being railroaded by a biased judge. It’s unclear whether a jury trial would have been available under New York Executive Law 63(12), the statute under which the case was brought, and may legal experts believe it likely would not have been. Trump’s spokesperson emphasized this point in a statement.

“The Attorney General filed this case under a consumer protection statute that denies the right to a jury,” the spokesperson [for Trump] told The Messenger. “It is unfortunate that a jury won’t be able to hear how absurd the merits of this case are and conclude no wrongdoing ever happened.”

But the judge’s remark highlights that neither side sought to litigate the issue.

(2) Why can’t we see it on television?

Both this trial and the hush money criminal trial will not be televised. Generally, court cases can not be televised without special permission. The same with the federal January 6 case and the classified documents case. Now, the Georgia case, with 18 defendants, will be televised.

(3) Why is Trump allowed to attack prosecutors and the judge?

I think no gag order has been requested, as there is no jury which could be compromised if they heard these hostile statements.

(4) When is AG Letitia James planning to call important witnesses?

The list of potential witnesses, both for the prosecution and rebuttal have been provided to the courts. There are 28 witnesses. This list has #4 Allen Weiselberg, #6 Michael Cohen and #14 Ivanka Trump. The prosecution will end Eric, Donald Jr. and Donald Trump, followed by an expert witness on Commercial Banking and Disgorgement Amounts. There are 25 other potential rebuttal witnesses. To have the defense present their case, prosecution could wrap up in mid November – that’s just my guess.

Eric, Donald Jr. and Donald Trump are also on the defense potential list of witnesses. There is a very good chance they will not take the stand.

(5) Is there any credible evidence that this judge is biased towards Trump?

Zero. His handling of the case so far, has been praised by experts in civil lawsuits. Of course Donald Trump has a different opinion, “I have a Deranged, Trump Hating Judge, who RAILROADED this FAKE CASE through a NYS Court at a speed never before seen,” Trump wrote on his Truth Social platform.

That’s classic Trump, always on the offense.

(6) Is there any evidence that the Attorney General is targeting Trump?

Of course, it is her job to investigate wrong doing especially when Trump’s lawyer, Michael Cohen, testified in Congress and wrote a book about all the illegal activities of Donald Trump. Successfully prosecuting Allen Weiselberg was a major step in charging Donald Trump, his two sons and the Trump business in this case with fraud.

(7) Is Trump and his organization being judged more harshly than similar cases?

Yes, when there is strong evidence of persistent fraud, the New York State law is more harsh. I happen to agree with harsh laws for repeat violators. There is a lower bar to prove fraud.

Hopefully, they can conclude the trial before Christmas.

Stay tuned,

Dave

The New York State Case Begins

by Dave

When something works, there is a tendency to repeat it. It looked to Trump like over valuations really worked. It is a fact that as he was making money, so were his companies and the banks. A win-win.

To Trump, image is everything. “I look better if I’m worth $10 billion than if I’m worth $4 billion,” he once said, disputing his ranking on the Forbes billionaires list. (a quote from the New York Times)

Multiple fraudulent claims extract a heavy penalty in New York State. This is why Trump’s business is in so much trouble.

Donald Trump has already bashed New York Attorney General Letitia James, calling her racist, and Judge Arthur Engoron as deranged. He has referred to the AG as biased and corrupt. This is pare for the course.

See AP ink: Who is Arthur Engoron?

More to come.

Stay tuned,

Dave

Trump’s Court Cases

by Dave

Trump is named in two civil cases and four criminal cases. I have created two short pages to summarize these cases.

It is easy to identify websites tracking the developments in each case. The NY State civil case is scheduled to begin on Monday, October 2 in Manhattan, NY. It is a non-jury trial and the judge has already established that the Trump business is guilty of fraud. It will not be televised.

Stay tuned,

Dave

Rep Jim Jordan, House Judiciary Committee v AG Merrick Garland

by Dave

The Judiciary Committee is chaired by Republican Representative Jim Jordan. Jim Jordan is known for his very aggressive attacks on the Biden administration. He will conduct hearings to determine if President Biden committed “high crimes and misdemeanors” which warrant his removal through impeachment. It is almost certain that the committee will recommend impeachment although the supporting evidence will inconclusive. There is little justice in the Judiciary Committee under Republican control.

Obviously, Hunter Biden has legal problems. AG Merrick Garland will refuse to give details, as this is an ongoing legal matter, handled by a Special Counsel. Jim Jordan will likely refer to the shady or corrupt “Biden family” as if Hunter and Joe Biden shared a business together. There is zero evidence that Joe Biden was involved with Hunter Biden’s clients or profited from his consulting business. Jordan knows Garland can’t comment, as this is with the Special Counsel.

Rep. Jim Jordan is playing a game of deflection. If a fellow Republican is in trouble, to play the game of deflection, you accuse Democrats of doing much worse things. It seems really hard to deflect on this one, with Donald Trump charged with 91 criminal counts. The President’s son has been indicted on making a false statement on a gun application. Since he lied on the application, he is charged with possessing an illegal gun.

The New York Times got it right this morning (September 20, 2023) with the statement:

“The theory that President Biden intervened to protect his son, widely trumpeted by House Republicans and amplified by conservative news media, is central to the impeachment inquiry begun by Speaker Kevin McCarthy under pressure from the right flank of his party.”

You can be expected that Attorney General will be treated rudely. This is Jim Jordan’s style. He will spend as long as possible on the accusations, and then interrupt AG Garland as he attempts to provide an answer. In fact, Fox News frequently broadcasts just the accusations made by Rep. Jordan and other Republicans, then commentary in favor of Republican committee members.

The elephant in the room, is Trump’s legal charges. The classified documents case looks increasingly stronger, based on recent reports that Trump was actively trying to hide the documents from officials.

Garland’s opening statement will not be interrupted. Excerpts have already been given to the media. Garland will state:

“As the President himself has said, and I reaffirm here today: I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor. The Justice Department works for the American people. Our job is to follow the facts and the law, wherever they lead. And that is what we do.”

And, it is true.

Stay tuned,

Dave

Donald Trump is still eligible to run for President

by Dave

Voila- I put the conclusion as the title of this posting. It isn’t what I want happen. It is a topic that received a flurry of attention among constitutional law professors in the last month.

It is ironic that convicted felons in my state of Florida can not vote, but they can run for president. It’s never happened before, but this is becoming a possibility. The idea of a convicted felon running our country probably never came up during the creation of our Constitution. It was just too preposterous.

Bottom line: Voters have to decide who our next president, not the courts. Trump may be ahead in the polls, but a lot can change from now to November 2024. I hope enough people see the light, and do not send a twice impeached and four times indicted candidate to the White House.

Section 3 of the Fourteenth Amendment to the Constitution provides the basis to disqualify a candidate for government office if they have engaged in insurrection or rebellion. It became part of the Constitution after the civil war. There were excellent opinions written by law professors and posted on the internet both supporting his eligibility and also supporting disqualification.

From a critical examination of the wording of Section 3, as provided by Professors Baude and Paulsen (link given at the end of this posting), Donald Trump should be disqualified from both the primaries and the general election. Their legal arguments are in a manner that conservatives usually prefer to interpret the law, referred to as originalism and textism. They argue that Section 3 is self executing, and any government official involved in the election can invalidate Trump’s candidacy. They are joined by Professor Laurence Tribe and former judge J. Michael Luttig. See video clip below.

Link: August 19, Laurence Tribe and J. Michael Luttig make the case for Trump’s Disqualification

I agree with the counter arguments by Professors Noah Feldman and Michael McConnell, that Donald Trump is eligible to run for president even if he encourage protesters on January 6 to be highly aggressive. I note Trump did not take any action as the Capitol was being ransacked. It is deplorable but not proof he engaged in insurrection.

Professor Noah Feldman cites two problems with Professors Baude and Paulsen article. First, is there never has been a real Supreme Court case to let the government officials know the proper interpretation of the key phrase to “engage in insurrection.” Secondly, the only precedent is the Griffin case, decided in a circuit court, which ruled that the legislature must first make Section 3 operable before actions can be taken. Professor Feldman emphasizes the importance of case law.

Link: Alas, Trump Is Still Eligible to Run for Office

Professor McConnell writes: “We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic.”

Prof McConnell Opinion

I agree. Trump’s supporters will claim this as an egregious abuse of power. Disqualification would disenfranchise millions of voters and the action of a one person, the Secretary of State, could determine an election for the country, if it was close enough.

Further, disqualification in any state would be a disaster. It would simply feed into the ultra-right wing narrative that the Biden administration is afraid of Donald Trump, and is finding ways to derail his candidacy.

Much of Trump’s ardent supporters have swallowed whole wild conspiracy theories, that the Department of Justice, FBI, attorney generals from Manhattan and New York State are all after Trump. Now it would include the Secretaries of State. The attacks get very personal against judges, even one he appointed (Judge Aileen Cannon).

And if Biden were to be re-elected, the legitimacy of the election would forever be questioned because a secretary of state would not allow his name on the ballot in a particular state.

Disqualify Trump, No. Vote him out, Yes.

Stay tuned,

Dave

Additional link:

Link: Forbes, Can Trump Be Disqualified From The Presidency? Why Even Conservative Legal Experts Are In Favor Of It

Section 3, 14th Amendment states:

Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

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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

Part II: The legacy of Jair Bolsonaro and Donald Trump

by Dave

This post will be more meaningful if Part 1 is read first.

Ex-President Jair Bolsonaro greatly admired Donald Trump, and his form of right wing populist politics. It was a very passionate love of country and religion, an emotional attachment that voters could easily embrace. Bolsonaro attacked the socialist views of Lula da Silva, comparing him to Hugo Chavez and Fidel Castro, who wrecked the economy of Venezuela and Cuba, respectively.

He continued his attack on the Federal Election court and the election in which he lost. While still in power, Bolsonaro met with foreign ambassadors in July 2022, in which he spread false information about Brazil’s electoral system. Thus he was laying the foundation to challenge the entire election process. The meeting was livestreamed by official television channels and on YouTube.

A lawsuit was filed by Brazil’s Demcratic Labor Party. On June 30, 2023, the federal election court barred Jair Bolsonaro from running for president until 2030. Bolsonaro plans to appeal the judgement. Per the CNN link:

Judge Alexandre de Moraes, who presided over the court, cast his vote last. “Let us reaffirm our faith in our democracy and the rule of law,” he said after voting in favor of the guilty verdict. Moraes added that with the vote Brazilian authorities would show they do not tolerate “criminal extremism attacking the powers of the state, fake news, disinformation to try to deceive voters.”

There are many other cases pending against Bolsonaro. Most recently has been the Saudi rolex watch scandal. The accusation is that Bolsonaro gave the watch to an aide to sell and then deposit the money back into his account. It is not a lot of money ($70,000) but the Superior Court has now permitted inspection of Jair Bolsonaro and Lt. Col. Mauro Cid bank accounts in the US on August 18, 2023.

This is a rapidly developing story, as on August 18, 2023, seven high-ranking military police officers were arrested in connection with the Jan. 8 attacks. I suspect more will follow, including possible connections between the violence on January 8, 2022 and ex-president Jair Bolsonaro. Also, there is considerable speculation in the media, that Bolsonaro and his son, Flavio were enriching themselves through government graft. It will be the court that have to decide whether guilt based on facts, not speculation in the media.

Link: ABC News: Brazil’s Bolsonaro accused by ex-aide’s lawyer of ordering sale of jewelry given as official gifts

What if Bolsonaro’s comments were not livestreamed and broadcast, and also captured on You Tube? Perhaps the Superior Court would have acted differently.

There is no equivalent in the US to the 7 member panel overseeing the election and corruption in Brazil. Some may consider it gives too much authority, as only a simple majority can deny a candidate from running for office. Our First Amendment rights are very broad, while a president is in office. However as Donald Trump has discovered, defamation lawsuits against an ex-president can be won as in the E. Jean Carroll lawsuit.

___

Trump at present has four criminal cases against him. The Federal January 6 case and Georgia case involve his direct involvement to interfere with the results of a fair election, before the election and afterwards, leading up to the attack on the US Capitol on January 6, 2021. The classified documents case relate to actions after he left office on January 20, 2021. Trump will be formally arrested in the Georgia election interference case on August 24, 2023.

A commonality of the US and Brazilian system is, no matter how high or low a person’s social status, there is equal justice and accountability for all. We have no privilege class. The prisons of our country and Brazil, were not created to house the poor or illiterate, but those found guilty of crimes by a jury in court of law where the rights of the defendant are enforced. A second principle is that the electorate decides who will govern the country in free and fair elections. Every four years, in the US and Brazil, only the electorate who can be their president.

Both Bolsonaro and Trump have legal rights and can petition a higher court to appeal their sentences. This is another example of

I feel no matter, what occurs, their legacy will be that they truly believed that truth did not matter. Everything depended on the dissemination of false information via social media and cable stations to maintain their base.

Trump in particular has portrayed his legal problems on a corrupt legal system, but this is another lie. He is the cause of the four criminal indictments.

Stay tuned,

Dave

Ex-Presidents Trump and Bolsonaro: Part 1

by Dave

“You shall reap what you have sown” old proverb, meaning you will suffer the consequences of your actions.

When Donald Trump in Nov 2020 and Brazilian President Jair Bolsonaro in October 2022 lost their bids for re-election, they refused to accept their loss. Both of them concocted lies which attacked the integrity of election. It was all very planned out and in both cases, within a few months, violence broke out in the capitals of their country. US Capitol attack occurred on January 6, 2021 and the federal buildings in Brasilia were attacked on January 8, 2022, encouraged by unfounded claims from the ex-Presidents.

But both Trump and Bolsonaro maintained a lie that the elections were rigged, and they were the legitimate winners of the election. Both perpetuated these lies by fabricating “evidence” of fraud. It is exactly what many of their supporters wanted to hear. Many people in the US and Brazil are in prison for the violence. Five people are dead as a result of the violent attack on the capital, and many police officers were injured as a result of the violence.

Trump schemed with other White House officials to have Mike Pence dismiss the results of the election in states where he lost by a narrow margin and prepared a slates of false electors. This is, in part, why he is facing charges of conspiracy in Georgia. We have the freedom of assembly and speech in the US, but when the communications are at the foundation of plans to break the law, then this becomes part of the crime.

At the local, state and federal level of government, violations of election laws can be investigated. Volunteers also act as observers and can report any violation. The courts heard more than 50 challenges from Trump’s team of lawyers. None of them were successful in changing the results of the election. On December 23, 2020, the US Attorney General, William Barr, announced that no fraud had been found that would change the results of the election. Similar conclusions were reached by the Director of Cyber Security, Chris Krebs, who was then fired by Trump.

In Brazil, just days prior to the election, Bolsonaro reduced fuel prices to gain favor with Brazilian truckers. On election day, truckers formed blockades to prevent voters from going to the polls in the Northeast region of Brazil, where the worker’s party with Lula Da Silva as the presidential candidate, was favored to win. The police set up checkpoints, causing more difficulties for voters. The federal justices which oversee the election process, voted to end the blockade and police checkpoints on election day. As a result, voters were delayed but not denied the opportunity to vote.

Link: AP Press Brazilian truckers protest Bolsonaro loss, block hundreds of roads

In Brazil, political parties have recourse in the judicial system (federal election court, headed by Supreme Court judge Alexandre de Moraes) to hear their complaints of an unfair election and take appropriate actions. So Bolsonaro’s party presented to the court their arguments that the machines which tallied the votes were flawed and should be disregarded. The discrepancy was very minor, and did not affect the actual tally. The court quickly rejected the allegations of Bolsonaro’s party.

CNN Link: Brazilian court rejects election challenge from outgoing President Jair Bolsonaro

So, both Trump and Bolsonaro challenged the election results through the courts, but failed to show any convincing evidence of fraud. Trump should have conceded to Biden after the formal voting of electors on December 14, 2020. Bolsonaro should have conceded to Lula da Silva after the federal election court rejected the baseless claim of fraud on November 23, 2022.

Instead of recognizing the importance of election integrity and national unity, they continued their attack on the election which they clearly lost. The legal system has caught up with both leaders.

This will be discussed in Part 2 of this posting.

Stay tuned,

Dave

Patriot Legal Fund

by Dave

Attention Patriotic Americans: Donald Trump needs you to pay for his legal fees. The Patriot Legal Fund is a charity solely devoted to paying Trump and others legal fees.

He has an incredible track record of losing trial cases, so this requires extra cash to fund the appeals. So, if your initial reaction is, you’ve got to be kidding, that’s exactly right.

His legal problems are something he brought on himself. And Trump has been skirting the law for decades. It took a long time for the law to catch up with him.

Recently, he tried to move the Stormy Daniels hush money case to federal court. So, trying to connect hush money payments to his official duties of president failed.

Trump will have his day (or really months) in court, to defend the accusations against him. He has already siphoned off millions of dollars from the Save America superpac to hire the best lawyers in the country to defend him.

No one should break the law, and pressure government officials to find roughly 11,000 votes to change the election results in Georgia. No one should take then and hide classified documents. Obstruction of justice is a real crime.

So, do not send money to this fund. Let him pay for his own legal defense.

Stay tuned,

Dave

Trump’s legal problems – Quick summary

by Dave

It’s 4+2, which stands for 4 criminal cases and 2 civil cases. They are well summarized in the link below:

https://nymag.com/intelligencer/article/what-are-the-legal-cases-against-donald-trump.html

Two simple principles must be understood: (1) No one is above the law and (2) Trump’s legal problems are of his own making.

Billionaire Trump will use campaign donations to pay for his legal expense. This is the height of audacity. He will claim he is the victim and the Biden administration is trying to lock him up so he can’t run.

The four criminal cases will take place in Florida, Georgia, NY and Washington DC. Can you name them and give their status?

They are the Mar-a-Lago Documents case in Florida, Election Tampering case in Georgia, Stormy Daniels hush money in NY, and Jan 6 and 2020 election aftermath in Washington DC.

Now, the status as of July 25, 2023: Documents case – trial scheduled for May 20, 2024, Georgia Election Tampering – indictment announcement likely between now and September 1, 2023, Stormy Daniels case- trial scheduled for March 25, 2024, Jan 6 and election aftermath, indictments likely very soon.

Ok for extra credit, match the prosecutor (Smith, Bragg and Willis) to each case.

The two civil cases are summarized in the link above. October 24, 2023 Trump goes on trial for business fraud in NYC and then on January 15, 2024, a trial is scheduled for the second defamation case against E. Jean Carroll. He does not have to appear for either trial.

Criminal cases can result in jail time. So, will Donald Trump do time? If found guilty, his lawyers will be fighting in court to keep him from ever serving time. Convicts have the right to be incarcerated in a place that guarantees their well-being. A lot is up to the judge in the case. It will not be like the movies. No one will parade Donald Trump in front of the news media. He has secret service protection for life, by law. House arrest is an option. It is unprecedented to incarcerate an ex-president and a presidential candidate. There will be many appeals.

Finally, the documents case will be in Palm Beach County, not far from where I live. Trials in the US are open to the public. How can I attend? Perhaps I have to camp outside in line. I think the accused (Donald Trump) must be present.

Sometimes, the accused have little chance to defend themselves in court, because they have to rely on public defenders. Billionaire Trump has access to the best legal minds in our country.

The wheels of justice turn slowly, but they appear to be going in the right direction.

Stay tuned,

Dave