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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Kurt Bardella: 2022 Midterms Might Be The Last Free And Fair Elections We Have. WHOA!!

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MSNBC’s Katie Phang show(05/21/22) did a segment on WaPo’s bombshell revelation that Ginni Thomas’ involvement in the effort to overturn the 2020 election results was much more than has been previously reported. The conversation then turned into how ruthlessly Republicans would have dealt with a similarly situated liberal justice. Guest Kurt Bardella slammed the perennial weakness by congressional Democrats, who he said always played defense as opposed to the attack-minded Republicans. Bardella then made a startling assertion, telling host Katie Phang that if the January 6th Select Committee doesn’t go on the offense by making top Trump officials testify in public like Republicans did Hillary Clinton during Benghazi, then “this[2022 midterms]might be the last free and fair elections we have.”

MSNBC host Katie Phang(video at 5:11): “Kurt I saw you tweeting about how you were surprised that Democrats didn’t immediately start investigations into the Trump administration’s handling of the pandemic as soon as they got into power. Now we see the January 6th Committee is apparently fine with not even getting him to testify…What will it take for the Dems to go on the offensive?”

Kurt Burdella: “I just think back to the Benghazi Select Committee, when Republicans didn’t blink to bring up Hillary Clinton to testify for more than 11 hours and face that type of grilling. I don’t know how you can have a system that has Secretary Clinton at the time having to do that, but you let Donald Trump, and people like Mike Pence, and Ginni Thomas, and Rudy Giuliani, and Steve Bannon, and Mark Meadows avoid that type of public setting. It’s such a parity and I’m telling you, we’re seeing right now, at this very second, Republicans campaign for the midterms on the idea that they are going to do this to the Biden administration. That they are not going to hesitate to use the reins of power to go after the president’s son…to try to impeach the president, to try to impeach the DHS secretary…Democrats are about to get a lesson on how to wield power, whether they like it or not, if they don’t step up right now because they are the last line of defense of stopping Republicans from hijacking democracy. It’s not about 2024 Katie, it’s about 2022 because I promise you, if Republicans are allowed to regain a congressional majority, they will not certify a Democrat win in 2024…This check and balance that we are about to see with the January 6th Select Committee is perhaps the last guardian of defense that we have of our democracy and our process, and if we don’t get answers from everybody who was involved, especially at the very top, this might be the last free and fair elections we have.”

As outlandish as Kurt Bardella’s assertion sounds, rank and file Democrats know it is absolutely true. A lot of the crazy things we’ve witnessed from Trump Republicans are rooted in their belief that Democrats will never muster enough courage to hold them accountable in any meaningful way–all bark no bite. Let’s hope the January 6th Select Committee breaks this expectation of weakness by Republicans, by holding them accountable through lengthy public testimonies, under oath. If the January 6th Select Committee fails to hold Trump and his top lieutenants accountable, then as Bardella correctly points out, democracy as we know it, will be dead this year, not in 2024, and Dem weakness will be partly to blame. This of course, also apples to President Biden’s Department of Justice.

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Jenna Ellis Circulated A Memo Detailing How They Would Overturn The Election On January 6th

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Donald Trump With His Campaign Lawyer Jenna Ellis

A bombshell report on ABC’s This Week with George Stephanopoulos (11/14/21) reveals that among the documents former President Trump is fighting tooth and nail to keep away from the January 6th Committee, is a memo from Trump campaign lawyer Jenna Ellis, which reportedly laid out in elaborate detail, exactly how they were going to overturn the election on January 6th to keep Trump in the White House. If this bombshell reporting holds, it will, blow away the defense commonly employed by Trumpers, that the January 6th insurrection was just some spontaneous rally that got out of hand. It will also for the first time put Trump campaign lawyer Jenna Ellis right at the center of the insurrection.

Reporter Jonathan Karl told host George Stephanopoulos: “This is a very important document, George. On new year’s eve, it is from[Trump’s Chief of Staff] Meadows himself, forwarded to Mike Pence’s Chief of Staff, and it outlines in very clear detail, what should be done on January 6th to effectively overturn the election, to effectively have a coup. This is Mark Meadows forwarding a memo, not from an outside lawyer, but from a lawyer for the campaign, Jenna Ellis.”

Any reasonable person presented with this bombshell news report would conclude that the events of January 6th were not some innocent rally gone bad, but rather a meticulously planned coup orchestrated by Trump campaign lawyer Jenna Ellis and others. Jenna Ellis must be made to testify before the January 6th Committee as to who else was involved in drafting the detailed coup memo. Was Trump involved?

Bottom line folks, the January 6th Committee owes it to the public to follow through on any lead that brings us closer to the behind-the-scenes orchestrators of DC insurrection. Where, as here, it appears Trump campaign lawyer Jenna Ellis may have been one of the masterminds behind the attempted coup, she must be hauled in to testify.

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