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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Lawyer Group Wants Ted Cruz Disbarred For His Efforts To Overturn 2020 Elections

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Michael Teter, the Managing Director of a lawyer group called The 65 Project, appeared on MSNBC’s Ayman show(05/28/22) to discuss his group’s efforts to among other things, have Senator Ted Cruz(R-TX) disbared for his efforts to overturn the 2020 election results. Teter says Senator Cruz, by agreeing to represent Trump and some Pennsylvania lawmakers in their “bogus lawsuits” at the U.S. Supreme Court, “lent the respect and credibility of the legal profession to the cause”, something Teter contends, runs afoul of the legal profession’s rules of professional conduct.


Michael Teter specifically said(video at 2:40):“[Senator]Ted Cruz, like many public officials, sought to overturn the election. He, led the charge in his own words, to do so, but he took an extra step, which is that he agreed to represent Donald Trump, he agreed to represent several Pennsylvania Republicans in their bogus lawsuits before the United States Supreme Court, and when he agreed to take on that representation, he lent his law license, he lent the respect and credibility of the legal profession to the cause, and in doing so, he then is obligated to abide by the rules of professional conduct. He failed to do so, and he should be punished for that.” 

Turns out The 65 Project is also targeting Texas Attorney General and super Trumper Ken Paxton for disbarment. You’ll remember AG Paxton ran to the U.S. Supreme Court asking the high court to overturn the results of the 2020 elections in an effort to bolster Trump’s bogus claims of a rigged election.


Bottom line folks, we have seen hundreds of regular folks being paraded in federal court to be held accountable for their roles in the January 6th insurrection. However, politicians like Ted Cruz and company, who assisted Trump in his efforts to overturn the 2020 election results, have largely come out unscathed for their highly unpatriotic behavior. It’s therefore very encouraging to see the good folks at The 65 Project trying to exact some accountability from Trump-allied politicos who aided and abetted his insurrection. The ideal punishment would of course be to bar them from any future public office, but we’ll take disbarment for those of them in the legal profession, for now.

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Rep McCaul Says The Taliban Are Holding Americans Hostage At An Airport In Afghanistan

Rep Michael McCaul(R-TX), the top Republican in the House Foreign Affairs Committee, appeared on Fox News Sunday(09/05/2021), where he made the bombshell claim that the Taliban are holding Americans, already seated in planes and awaiting departure, hostage at the Mazar-i-Sharif Airport in Afghanistan.

Rep McCaul’s full interview on Fox News Sunday is available here, but the relevant clip is below

Rep McCaul told host Chris Wallace: “We have six airplanes at Mazar-i-Sharif Airport, six airplanes, with American citizens on them as I speak, also with these interpreters, and the Taliban is holding them hostage for demands right now. State[Department] has cleared these flights, and the Taliban will not let them leave the airport…And that’s my concern…they[Taliban] are going to demand more and more, whether it be cash, or legitimacy as the government of Afghanistan…This is really turning into a hostage situation, where they are not going to allow American citizens to leave until they get full recognition from the United States of America.”

Needless to say, Americans being held hostage in a hostile foreign nation, will always be a big deal, or as TeamBiden would say, a “bfd”. It will be interesting to see how the Biden administration addresses this bombshell claim by the ranking Republican in the House Foreign Affairs Committee.

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Epstein’s Death Was A Homicide, Says Family’s Forensic Pathologist

Michael Baden, a forensic pathologist hired by Epstein’s brother to look into his death said today on Trump’s favorite show Fox and Friends that based on his analysis, the cause of Jeffrey Epstein’s death was a homicide by strangulation. Specifically, Baden told Fox and Friends’ hosts, “I think the evidence points to a homicide rather than a suicide” adding, “Because there are three fractures in the hyoid bone, the thyroid cartilage that are very unusual for suicide and more indicative of strangulation — homicidal strangulation.”

This of course contradicts the official cause of death given by the New York City Medical Examiner in August that Epstein died of suicide by hanging and is sure to add to the already rampant conspiracy theories surrounding the accused child sex trafficker’s death.

There was already rampant public speculation, including by Yours Truly, that Epstein may have been killed in order to prevent him from giving testimony in his criminal case that might have negatively affected very powerful people, up to and including President Trump, whom he was known to have socialized with. This bombshell revelation therefore that his death was a homicide and not a suicide will undoubtedly lead to questions as to who may have killed him and what the motive behind his killing was?

It also bears pointing out that Michael Baden is a former New York City Medical Examiner so his findings cannot just be dismissed as frivolous. It will be interesting to see how New York City officials who declared Epstein’s death a suicide deal with Baden’s bombshell revelation on Fox and Friends.

Also currently playing out in federal court is a civil suit by one of Epstein’s accusers Virginia Roberts Giuffre where the presiding judge has intimated that she may release the names of some 1000-plus people Epstein had listed on his address book. Yours Truly has written about this issue and there is tremendous appetite for Epstein’s address book.

Bottom line despite Epstein’s death, his case remains one of great public interest. Questions remain about the way he died, and now, whether the public will get to see the people he listed on his address book. Today’s revelation that he may have been killed will only add to the public interest. All Yours Truly can say is, stay tuned!!

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AOC Exposes FBI’s Terrorism Double Standard

Rep Alexandria Ocasio-Cortez(D-NY) grilling the Assistant Director of FBI’s Counter-Terrorism Division Michael McGarrity

In one of her most stunning congressional performances yet, Freshman Congresswoman Alexandria Ocasio-Cortez(D-NY) grilled FBI’s Assistant Director of Counterterrorism Michael McGarrity on the double standard with which the bureau charges non-White perpetrators as terrorists, while pursuing equally violent White supremacists only with hate crimes–with far fewer legal consequences.

There is no question that FBI’s double standard when it comes to terrorism has to be addressed. However, Rep Ocasio-Cortez and other members of Congress should not focus solely on who gets charged with what statute and instead dig into an even more troubling and still very under-covered topic by the mainstream media and that is, the increasing designation by the FBI/DHS of non-White activists in major urban centers(New York, Houston, LA, Chicago etc) as terrorists or radicalized extremists who then end up on their surveillance lists. Americans will be shocked to find out that even mundane activities like participating in/being an organizer of a Black Lives Matter rally, or Tweeting under “TheResistance” hashtag (#TheResistance)–all activities protected by the 1st amendment–could land someone in these obscure FBI/DHS surveillance lists.

Therefore members of Congress should not be singularly focused on who gets charged with what statute but rather the arbitrariness with which non-White political activists in major cities are increasingly getting caught up in FBI/DHS surveillance dragnets. These kinds of surveillance have disastrous effects on people’s lives whether they result in criminal charges or not, meaning absolute care must be taken to ensure the wrong people don’t end up in these dragnets. It certainly appears given the exchange between Rep Ocasio-Cortez and A.D. McGarrity, that it is infinitely easier for a non-White person to be designated and therefore investigated for terrorism than a similarly situated White person. These seemingly racist/bigoted surveillance policies should greatly trouble members of Congress.

Bottom line, Americans entrust the FBI and DHS with enormous investigative powers including but not limited to, the deterrence of terrorism. AOC and her fellow members of Congress have a duty to step in and ensure that these powerful agencies are not arbitrarily designating minority political activists as terrorism suspects and subjecting them to unjustified long-term surveillance for engaging in constitutionally protected speech.

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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Was Jerry Falwell Jr Blackmailed Into Endorsing Trump?

A bombshell Reuters piece featured on MSNBC’s Rachel Maddow show says leading Evangelical leader Jerry Falwell Jr may have been blackmailed by Michael Cohen into endorsing then presidential candidate Trump during the 2016 GOP primaries. As Maddow correctly points out, it was widely expected that Jerry Falwell Jr and other leading Evangelicals would throw their support behind Ted Cruz who at that time was very popular among Evangelicals.

However in a strange turn of events, Falwell Jr endorsed the Trump candidacy right before the crucial 2016 Iowa caucus. We now find out that days before endorsing Trump, then Trump attorney Michael Cohen had “taken care of” a situation involving racy photos of Falwell Jr and his wife. Specifically, someone was blackmailing Jerry Falwell Jr and his wife using their racy personal photos. Jerry Falwell Jr enlisted Cohen’s services (the “Fixer”) to get the photos from the blackmailer. Cohen apparently succeeded in the mission but according to the Reuters piece, kept one of the racy photos as leverage over the Falwells. According to Maddow, shortly after Jerry Falwell Jr found out that Michael Cohen had retained one of the racy photos, he abruptly endorsed Trump for president even though he had been widely expected to endorse Ted Cruz . The full Maddow segment is available here but the relevant clip is below.

Bottom line, while this is not concrete proof that Jerry Falwell Jr endorsed Trump in 2016 because of the racy photos, it certainly adds to the questions many have over the Evangelical support for Trump. It also, as Maddow correctly points out, raises legitimate questions as to whether the Trump campaign violated campaign finance laws in seeking Jerry Falwell Jr’s endorsement in this manner.

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Why Trump’s Impeachment & Removal From Office Is Very Real

After recent developments in the Southern District of New York (SDNY) case involving longtime Trump attorney Michael Cohen, the mainstream media is rife with stories about how the fallout from the Cohen case could expose Trump to criminal liability and possible impeachment proceedings

Almost all the reporting from the mainstream media seems to indicate that by directing Michael Cohen to pay hush money to adult film star Stephanie Clifford(aka Stormy Daniels) and Playboy model Karen McDougal, Trump’s only criminal liability is felony campaign law violation. This idea that Trump is only looking at campaign law violations in regards to Michael Cohen has become so prevalent that the usual Trump defenders have already crafted a defense for him–the “intent” defense. 

Trump’s defenders are already out there making the argument, a very credible one, that in order to convict on a campaign law violation, the prosecution will have to prove intent–in this case, that Trump ordered Cohen to make the hush payments for campaign purposes. Trump’s lawyers will obviously counter that he ordered the payments to shield his family, especially his wife Melania from embarrassment–a very good defense, albeit untrue. 

Remember in criminal cases in order to obtain a conviction, the prosecution has to prove their case beyond a reasonable doubt. Here any reasonable person would agree that Trump’s lawyers can create enough reasonable doubt as to his intent in ordering the hush payments, to beat the case. This is precisely why Trump loyalists are already downplaying his potential campaign law violations.  

What is shockingly left out of the mainstream media coverage however, that should greatly worry Trump loyalists is the fact that in regards to Michael Cohen, campaign law violations are Trump’s least problems. Trump’s real criminal liability in regards to Michael Cohen come in the form of bank fraud, money laundering and wire fraud–all very serious felonies which if New York prosecutors can present evidence of, will almost certainly lead to his impeachment and removal from office. You don’t have to take Yours Truly’s word for it, just listen to what former FBI Assistant Director for Counter Intelligence Frank Figluzzi said on MSNBC’s Deadline White House show. The full Deadline White House segment is available here but the relevant clip is below.

Figliuzzi told Deadline White House host Nicolle Wallace; “…He[Trump] was directing this activity allegedly and the activity is far more Nicolle than simply trying to keep women quiet that you had an affair with. We are talking about directing things like bank fraud, money laundering, wire fraud……” Folks, if the Southern District of New York prosecutors can present evidence that Trump either did or directed Cohen to commit bank fraud, money laundering or wire fraud, serious felonies often associated with organized crime, you can rest assured that GOP Senators Collins, Rubio, Sasse, Murkowski and others will join the Democrats in removing him from office. Given the fact that Cohen has been cooperating, there’s a very good chance that SDNY prosecutors already have evidence of bank fraud, money laundering and wire fraud. 

Bottom line folks, contrary to the characterizations you are hearing from the mainstream media, this Michael Cohen story is deadly serious and is about much more than campaign finance violations. Trump faces a very real possibility of impeachment and removal from office because of potential bank fraud, wire fraud and money laundering cases that can be made against him as a result of Michael Cohen’s cooperation with SDNY.

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Did Michael Cohen Pay 50K For Russian DNC Hack?


MSNBC’s Rachel Maddow yesterday made a bombshell revelation that right around the time that Trump’s “independent” trust fund run by his sons Eric and Don Jr reimbursed Michael Cohen for the hush money payment to porn star Stormy Daniels and Playboy Model Karen McDougal, he(Cohen) also received a mysterious “election-related” payment of $50,000 for “tech services”.


As Maddow correctly points out this raises a lot of questions because Team Trump has said all along that Cohen was not part of Trump’s 2016 presidential campaign. Why then would Team Trump pay someone who is not part of the campaign and not known as a tech expert $50,000 for “tech-services”?


Well it turns out the answer to this mysterious question lies in the Christopher Steele Dossier aka TrumpRussia dossier. According to the TrumpRussia dossier, Cohen was part a scheme that worked to make “deniable cash payments” to European hackers working under the direction of the Kremlin against the Clinton campaign.

Given the fact that Cohen at this time was using Trump’s money to “fix” his problems regarding Stormy Daniels, Karen McDougal and others, it is not totally inconceivable that he was also using money from the same source to “fix” Trump’s ultimate problem–defeating then presumptive favorite Hillary Clinton by paying Kremlin-tied European hackers $50K to hack into the DNC servers.

Bottom line because this attack was on the DNC, they have a duty to find out exactly what Michael Cohen’s “election-related” $50K payment for “tech services” was all about. Grassroots Dems demand that the DNC inquire as to this $50K payment Cohen received, and specifically whether it was used to pay for the Russian cyber attack on the DNC.

The full Maddow segment is available here but the relevant clip is below

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#Dem2020Poll Status Report–Biden Still Leading But….

Yours Truly recently concluded after analyzing the various #Dem2020Poll results that Joe Biden was the leading Dem in the 2020 presidential nomination sweepstakes(#BidenTheory). Shortly thereafter the Mainstream Media, reached a similar conclusion–#Dem2020Poll is the real deal folks!!




After several iterations of the #Dem2020Poll it appears Biden is still ahead of the 2020 pack of likely Dem nominees. Interestingly grassroots Dems are very receptive to a Joe Biden/Sen Kamala Harris ticket in 2020(more so than Joe Biden/Rep Joe Kennedy III)

However there’s a “but” to the #BidenTheory and that is, it appears there are a lot of grassroots Dems who for whatever reason, (age being the most prevalent) don’t want him on the 2020 ticket.

It will be interesting to see what changes, if any, happen to the #BidenTheory in a month’s time, especially now that Trump is ramping up attacks on Sen Elizabeth Warren.

Sen Elizabeth Warren (D-MA)

Is Sen Warren the Dem Trump is most afraid of? Would grassroots Dems prefer an all-female Liz Warren/Kamala Harris ticket?Hmm–As Trump himself regularly says, “We’ll see what happens.”

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