Former AG Holder Re January 6th:”I Think We’re Going To See Indictments Here”

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Former AG Holder on MSNBC’s 11th Hour show (07/15/22)

Former U.S. Attorney General Eric Holder(Obama) appeared on MSNBC’s 11th Hour w/Stephanie Ruhle(07/15/22) where he dropped a bombshell, telling host Ruhle that his vast experience as a public corruption prosecutor at DOJ, leaves him with a strong “feel” that we will see indictments for Trump’s political allies, and possibly Trump himself, over their efforts to thwart the peaceful transfer of power after Trump lost the 2020 election.

Holder said that as a career public corruption prosecutor, “you get a feel for these things after a while.” For the record, many political pundits and legal analysts have said the same thing on cable TV shows. Reasonable people will agree however, that it is quite different, and highly notable, when it comes from a career public corruption prosecutor like Holder, who recently headed the DOJ.

11th Hour host Stephanie Ruhle:“Merrick Garland, the Attorney General is under huge pressure to act, especially as these hearings unfold. You once had his job…should he act?”

Former AG Holder(video at 0:30):“I think to the extent that I could offer a little advice to the folks at the Justice Department, I would say that maybe you need to find a way in which you can appropriately reassure the American people that the Justice Department is on the case. You know, I was a prosecutor, started my career in the public integrity section, where we looked at, and prosecuted official corruption cases, political corruption cases, and you get a feel for these things after a while. And I got to tell you that on the basis of what I’ve heard, what I’ve read about this whole January 6th matter, I think we’re going to see indictments here. I don’t know if they are going to involve ultimately, the president, but I think those near to him have criminal liability, I think people outside the White House are going to be potentially indicted as well, and as I said, that feel that you get as a public corruption prosecutor makes me think that DOJ is going to ultimately return indictments in connection with the attempt to stop the transfer of power back in January.”

There’s no other way to interpret former AG Holder’s remarks on MSNBC’s 11th Hour other than, his vast experience as a public corruption prosecutor at DOJ gives him total confidence that indictments will be handed out to Trump’s political allies, and possibly Trump himself, for their efforts to thwart the peaceful transition of power following the 2020 election.

One only hopes that when former AG Holder says “people outside the White House”, he’s referring to the likes of Reps Marjorie Taylor Green, Matt Gaetz, or even Senators Lindsey Graham, Ted Cruz, Mike Lee, or in the case of Texas, AG Ken Paxton and other Texas super Trumpers. As Trump famously says, “We’ll see what happens.”

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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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Top DOJ Official Drafted Letter Bolstering Trump’s Election Fraud Claims

Jeffrey Clark, Former Acting Head Of DOJ’s Civil Division Under President Trump

A shocking report on MSNBC’s Ali Velshi show(08/15/2021) says that Jeffrey Clark, the former head of the Department of Justice’s Civil Division, drafted a letter that he intended to send to the Republican-led Georgia legislature, which would have bolstered Trump’s false claim that the 2020 election results in Georgia were somehow fraudulent, thereby laying the groundwork for Trump to overturn the state’s results. If this reporting holds up, it will be one of Trump’s most egregious abuses of the Department of Justice, and grounds for an immediate investigation into Jeffrey Clark’s entire tenure at the department.

Host Velshi said:“The ex-President[Trump] was particularly obsessed with trying to overturn Biden’s victory in Georgia, and he managed to find someone who would help him do that. Enter Jeffrey Clark..He’s the former acting head of the Justice Department’s Civil Division…Clark’s scheme involved plans to send letters to the Republican-led Georgia legislature, claiming that the Justice Department was investigating possible voter fraud in Georgia. This was a lie, but Clark drafted those letters in a way that would have made them seem legitimate, with a Department of Justice letterhead up on the top…That letter would have laid the groundwork for Republicans in the state of Georgia to essentially invalidate as many votes as they wanted to, in order to overturn the will of the Georgia’s voters, and falsely declare the ex-President the winner.”

The letter would have read like this.

Velshi added that the reason Clark’s letter was never sent to the Georgia legislature, is that a few people at DOJ refused to go along with his potentially criminal scheme, and that then Acting AG Jeffrey Rosen, and his number two Richard Donoghue, also refused to sign off on Clark’s scheme.

Bottom line folks, Americans are increasingly getting impatient with U.S. Attorney General Garland’s seeming reluctance to go after crooks, both at DOJ and other federal agencies, who were complicit in Trump’s demonstrable corruption. As host Velshi correctly put it, “currently there are no legislative or legal guardrails in place that would prevent a scheme like Clark’s to be launched again in the future, which is why he and the other of the ex-President’s enablers must be held to account.” Americans turned out in record numbers, and stood in long lines at the polls, with the hope that a Biden administration would deal with the crooks who abused their government positions to aid and abet Trump. It is high time the Biden administration, and especially Garland’s DOJ, meet the voters halfway.

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