Dahlia Lithwick: 1/6 Hearing Established Requisite Intent For Trump’s Criminal Prosecution

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Slate writer Dahlia Lithwick appeared on MSNBC’s The Beat w/Ari Melber(06/10/22) where she made the most compelling legal case yet, for criminally prosecuting Trump. Lithwick told host Ari Melber that the televised January 6th hearings established the mens rea–the requisite intent for such criminal prosecution. Put another way, DOJ has enough evidence to initiate a criminal prosecution against Trump for his efforts to overturn the 2020 elections because he was told by people he trusts that what he was doing was wrong, potentially criminal, but he proceeded to do it anyway. The only question left is whether AG Merrick Garland wants to criminally prosecute him.

Dahlia Lithwick(1:30):“When[Rep] Liz Cheney said he lit the match, he set the fuse, that is Donald Trump, and it seemed to me the entire organizing theme of last night’s hearing was, this starts at the top…this starts with Trump. And I think it’s almost impossible to look at the videos you just sort of showed in that montage, and not see this animating theme, which is, everyone around Donald Trump told him no. Mark Short, Joint Chiefs, Vice President Pence, his own Attorney General said this is unlawful, you have no basis for this, and he went forward, and so to the extent that there is mens rea–the intent to do something that you know is illegal–we’ve always heard, ‘Oh, Donald Trump can’t form the requisite intent, he didn’t know what was going on, he’s delusional’, well now we know, that’s why Ivanka is important, that the one person he listened to, evidently told him no, and when you have everyone around him telling him no, he can no longer say, ‘I’m not culpable because I didn’t understand what was happening’…”

It cannot be restated enough just how significant, Lithwick’s legal analysis is. The decision by most prosecutors on whether or not to pursue criminal charges against someone, almost always comes down to that Latin phrase–mens rea. If they can show that you knew the conduct you are about to engage in is illegal, and you did it anyway, then that is a case they can secure a conviction for, and you are almost definitely getting prosecuted/charged with a crime. This by the way, is also the reason insane people get off the hook even for serious crimes–prosecutors can’t establish the requisite intent(that the insane person knew what they were doing was wrong). 

Bottom line folks, as Dahlia Lithwick brilliantly laid it out on MSNBC’s The Beat show, after only one public hearing by the January 6th Committee, the mens rea requirements for a potential criminal prosecution of Trump for his efforts to overturn the 2020 election results have already been met and surpassed, meaning DOJ can easily secure a conviction against Trump if it chooses to criminally prosecute him. The only question left is whether AG Garland has the fortitude, or desire, to do so. 

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Mitt Romney Says Second Trump Presidency Would Hurt NATO, Help Putin

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In an interesting interview on the brand new CNN Plus show, The Source w/ Kasie Hunt, Senator Mitt Romney(R-UT) made a bombshell admission that if former President Trump were to win the presidency again in 2024, that would hurt NATO, and help Vladimir Putin, something that should frighten every democracy-loving person in the free world. As Kasie Hunt correctly pointed out, the fact that Sen Romney brought up this issue, shows that it is a huge concern among establishment Republicans(Trump winning in 2024)

Romney told host Kasie Hunt: “I think if President Trump were to return as President, that the nations of the world would say they have to really rethink their own national security, and the extent to which they want to be aligned with us, and instead be aligned with someone else, and you saw that happened during the time President Trump was there. I’ve had conversations with leaders of other nations now, members of NATO, and they raise this question–We’re happy to see you committed to our mutual defense, but we don’t know whether you’re just committed short term, or whether this a long term and permanent commitment? I think this is a long term commitment. “

There is no other way to interpret Senator Romney’s remarks other than, him and fellow Republicans are very concerned about a second Trump presidency, and specifically, the disastrous effect that would have on NATO, while at the same time helping Russia’s President Vladimir Putin. This is a serious problem, not just for establishment Republicans, but also for the cause of democracy worldwide. Simply put, a Trump win in 2024 is a win for Vladimir Putin and other autocrats worldwide.

Bottom line folks, the Russia-Ukraine war has demonstrated very clearly that there is a global battle currently playing out between free, democracy-loving countries, and autocratic dictatorships like Russia, China, Turkey, et al. If Putin prevails in Ukraine, it will represent a win for autocrats, and as Senator Romney correctly points out, a second Trump presidency will be a major boost to Putin and other autocrats. Trump has already demonstrated beyond any reasonable doubt(DC insurrection, friendship with autocrats), that he should never ever occupy the White House again. The only question now is whether his Republican Party will see to it that he is kept on the political sidelines.

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Sean Hannity Busted For Lying About “Spontaneous” Presidents Day Crowd For Trump In Florida

On the 02/16/2021 edition of her show CNN Newsroom, host Brianna Keilar masterfully deconstructed the lie perpetrated by Sean Hannity and his friends at Fox News, that a “spontaneous” crowd came out to greet former President Trump in Florida on Presidents Day. Hannity and his friends at Fox News, were of course attempting to use the “spontaneous” crowd lie to perpetuate this perception that Trump is still very popular among the base, and should continue as leader of the GOP.

Sean Hannity said on Presidents Day, “A few hours ago, spontaneously, thousands of people in Palm Beach, lined up in support of the former president as his motorcade travelled through Florida. I have a question [Senators] Mitch McConnell, John Thune, how come you’ve never had this kind of enthusiasm at any of your events?” Hannity then went on to interview Trump’s son Donald Trump, Jr asking him, “Looking at your dad coming back from golf, did you see thousands of people out of nowhere? Nobody organized it that I can see, and certainly nobody associated with your father that I know of, do you?” Trump, Jr responded, “No. This is totally organic and again, it just shows that the American people are with Donald Trump.” The full CNN segment is available here but the relevant Hannity clip is below.

Turns out per Brianna Keilar, there was nothing spontaneous about the crowd that turned out to greet former President Trump on Presidents Day, and importantly, Sean Hannity knew this while he was lying on his show. Brianna Keilar then went on to demonstrate how these flagrant lies by Hannity and his pals at Fox News are not only harming our democracy, but also literally tearing families apart. She gave the heartbreaking example of Rep Adam Kinzinger, who is now considered to be in the “devil’s army” by some members of his family, who have confessed to believing the words of Hannity and company religiously. This means others in the mainstream media must follow Brianna Keilar’s lead and confront the flagrant lies emanating from Hannity and his friends at Fox News.

Bottom line folks, after the unfortunate events of the January 6th DC insurrection, which was primarily based on lies spread on Fox News and other right wing media outlets, we can no longer let the network self-police itself. It is very important for the public to call out the flagrant lies coming out of Fox News and other right wing media outlets, as Brianna Keilar routinely does. Simply put, we must not allow the lies emanating from Fox News and other right wing media outlets to go unchallenged. As a matter of fact, it is high time we started chronicling and keeping track of who is saying what on these right wing channels so that when another Jan 6th-like incident happens, we know exactly who to pin the blame on. Good stuff Brianna Keilar, as always.

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Trump Family’s Deceptive Trade Practices

A CNN Special Report by Erin Burnett exposed some stunning deceptive practices employed by the Trump family in their real estate dealings. Some of the deceptive statements the Trumps used to lure in real estate investors are borderline criminal fraud. According to the CNN Special Report, the Trump family essentially embarked on real estate projects worldwide and then made false media pronouncements that their properties were sold out in an effort to lure in investors. Non-suspecting investors then pumped money into what they believed were very profitable Trump properties only to be hit by bankruptcy notices resulting in severe losses. The full CNN Special Report titled “The Trump Family Business” is available here but the relevant clip is below

In 2009 Ivanka Trump for example told CBS regarding the Trump Tower Toronto project, “We have projects all over the world that are incredibly successful and that are virtually sold out…from Hawaii to Toronto to Istanbul.” However according to Erin Burnett, bankruptcy papers filed for the Toronto project years later totally contradicted Ivanka’s statement to CBS. Turns out a whopping 75% of the “sold out” Toronto building remained unoccupied.

Similar shocking deceptive practices were also employed at Trump’s SOHO project where Ivanka told reporters in 2008 that 60% of the units had been sold. It later turned out upon further inspection that contrary to Ivanka’s assertion, only 15% of the units had been sold. Even more troubling about the SOHO project is the fact that there were email exchanges between Ivanka and Trump’s eldest son Don Jr showing that the two were willfully lying to investors about the occupancy rates at Trump SOHO. This apparently led to a lawsuit which the Trump family settled with the terms remaining secret.

Bottom line as Erin Burnett’s Special Report points out, a lot of these real estate investors who were lured into investing based on gross misrepresentations by the Trumps, ended up losing large sums of money. These were not just harmless sales gimmicks employed by the Trumps. Even though it is unlikely that any criminal prosecution could be initiated against Trump’s adult children(statute of limitations), the only decent cause of action for them given their current status in society(Presidential children) would be to make a public apology to the investors who got crushed by their deceptive trade practices.

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Ivanka’s Lawyer Told Cohen To Lie About Her Role In Trump Tower Moscow

There was a bombshell revelation in MSNBC’s Rachel Maddow show yesterday that Ivanka Trump’s lawyer Abbe Lowell directed Michael Cohen to lie to Congress about Ivanka’s role in the Trump Tower Moscow project. You’ll remember that Ivanka’s role in Trump Tower Moscow project became a huge issue of concern among those who believed President Trump colluded with Russia during the 2016 elections. Intense media coverage around this issue led to Ivanka’s infamous remark that she knew “literally almost nothing” about the Trump Tower Moscow project. The full Maddow segment is available here but the relevant clip is below.

Maddow said on last night’s show, “One of the allegations at issue here for which there is apparently some sort of documentary trail, is the allegation that lawyer Abbe Lowell specifically told Cohen that he should tell Congress Ivanka Trump had essentially no knowledge of Trump Tower Moscow. According to Michael Cohen that wasn’t true. According to Cohen, Ivanka Trump was regularly briefed on Trump Tower Moscow. Well, if as Cohen alleges, Abbe Lowell was involved in telling Michael Cohen to lie to Congress specifically about the involvement of Ivanka Trump in that scheme….that is sensitive on a lot of different levels.”

Maddow’s segment essentially raised questions as to why Trump’s former lawyer Michael Cohen was prosecuted and is now serving prison time while the people who crafted the said lies that got him in legal trouble (attorneys Abbe Lowell, Jay Sekulow and others) got away scot-free. Maddow’s segment also raised legitimate questions as to why Trump’s eldest son Don Jr was never prosecuted even though there is enough evidence showing he engaged in the exact similar conduct as Cohen–lying to Congress. Even more troubling, as Maddow correctly pointed out, Don Jr has not just gotten away with clear cut felonies, he is also now dictating to Congressional committees the terms under which he will testify before them–a total travesty of justice.

Bottom line, as Yours Truly has repeatedly stated in previous posts, we are facing a crisis of confidence in the U.S. justice system. Specifically, it is becoming quite evident that there is a separate and distinct system of justice that applies to the poor (especially minorities) and the one that applies to the rich (especially rich White people like Don Jr and Abbe Lowell). All reasonable people will agree that if Michael Cohen was prosecuted and is now serving prison time for lying to Congress, then lawyer Abbe Lowell and others who crafted the lie he presented to Congress should also be criminally prosecuted or face some kind of sanctions up to and including disbarment. Reasonable people will also agree that if Michael Cohen was prosecuted for lying to Congress as part of the TrumpRussia investigation, then Don Jr should also be prosecuted for committing the exact similar offense. Simply put folks, we either have equal justice under the law or we don’t.

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GOP Senator Grassley Obstructing Justice By Blocking DonJr Testimony

Sen Chuck Grassley(R-IA), Chairman of the Senate Judiciary Committee

As the Mueller probe appears to be approaching its much anticipated end, evidence is piling up showing that people in Trump’s orbit were not truthful when they testified before the various congressional committees set up to investigate Trump’s campaign ties to Russia. This is especially so after former Trump lawyer and trusted aide Michael Cohen began fully cooperating with the Mueller investigation and Mueller subsequently stating equivocally that his team of investigators believe Cohen’s account of events.


Michael Cohen’s account of events relating to the Trump Tower Moscow business deal, the infamous Trump Tower meeting meant to deliver “dirt” on Hillary Clinton and various other aspects of the TrumpRussia investigation does not line up with what Donald Trump Jr(aka DonJr) told the various congressional committees probing TrumpRussia. Specifically DonJr testified in congress under oath, that he was “only peripherally” involved in the Trump Tower Moscow business deal and that he never discussed the Trump Tower meeting with his dad both of which in light of Michael Cohen’s account seem to be untrue.

Naturally Democrats in the Senate Judiciary Committee, as any prudent investigator would, are demanding that DonJr appear before the committee to address the glaring inconsistencies laid bare by Michael Cohen’s account of events.

One would assume there would be no opposition from any U.S. senator to such a straightforward and prudent cause of action, right? Wrong!! Turns out the very Chairman of the Senate Judiciary Committee, Sen Chuck Grassley, is blocking efforts to have DonJr come back and testify. According to Sen Grassley “there is nothing inconsistent” about DonJr’s sworn congressional testimony that he was only “peripherally” aware of the Trump Tower Moscow business deal. Sen Grassley added in Trumpian fashion that allegations of DonJr lying to congress are based on “fake news”. Mind you Michael Cohen says Donald Trump Jr and Ivanka Trump were intimately involved in the Trump Tower Moscow deal

Bottom line as Mueller probe appears to be coming to an end and evidence of obstruction of justice mounting, we must never forget that congressional Republicans like Sen Grassley have been part and parcel of the obstruction. When Mueller finally lays out the evidence to the public and Sen Grassley starts running for cover, he must be confronted with a record of his own efforts at obstruction of justice.

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TrumpSwamp–NY AG Sues Trump Family Over Trump Foundation Corruption

New York Attorney General Barbara Underwood has slapped the Trump family with a $2.8 million lawsuit claiming among other things that the Trumps used the Trump Foundation, a non-profit organization, to conduct “unlawful political coordination with the Trump presidential campaign” and “repeated and willful self-dealing transactions” in violation of both state and federal law.

Interestingly the NY AG in addition to filing the lawsuit also sent referral letters to the Internal Revenue Service(IRS) and Federal Election Commission(FEC) for “further investigation and legal action”

There is nothing in the NY AG’s lawsuit that is particularly shocking, or a “bombshell” as the mainstream media calls it because by now the public is very aware of the corrupt business dealings of the Trump family. To this day the public is still longing to see the elusive Trump tax returns, mostly because people are convinced there are a lot of corrupt business dealings hidden there.

There is however an interesting detail in the NY AG's lawsuit that caught Yours Truly's attention--a handwritten note by Donald Trump directing Trump Foundation staff to settle a legal dispute involving his Mar-a-lago Hotel--a clear cut violation of the law

Straightforward/clear cut violations of the law like these have traditionally provided the mainstream media with an easy opportunity to question politicians and inform the public. In the age of Trump however, even slam dunk media opportunities like these seem to go by the wayside, with the mainstream media either afraid or unwilling to confront Trump. Democrats however have no choice but to confront Trump not only on this clear cut violation of the law but also on the other troubling issues raised by the NY AG lawsuit.

Bottom line TrumpSwamp/Corruption by Trump Admin and Trump family is an issue Dems must push hard during this midterm 2018 campaign season. As you can see from the lawsuit, the state and federal violations are so numerous and flagrant that they are impossible to justify. As Yours Truly has repeatedly stated, there are a lot of Independents and even Republicans out there who are also fed up with TrumpSwamp/Corruption and are shopping for alternative candidates in Midterm 2018. Dems need to be those alternative candidates

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