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

$upport via Cash App

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. 

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out. You may also Cash App

You may reach the author via email at administrator@grassrootsdempolitics.com or author@grassrootsdempolitics.com

Harris County Judge Lina Hidalgo Slams Case Against Her Staffers As “Flimsy, Unsubstantiated”

$upport via Cash App

Harris County Judge Lina Hidalgo appeared on Houston’s ABC13 TV station (04/14/22), where she slammed the recent criminal indictments of three of her top staffers for corruption. The allegation which led to the indictments, is that Judge Hidalgo’s office funneled an $11 million COVID contract to her pal, despite other more qualified bidders. She totally denies these allegations, and dismissed the subsequent indictments of her top staffers, telling ABC13’s Steve Campion that this was a “flimsy, unsubstantiated case”.

You’ll remember Yours Truly recently wondered aloud as to why the criminal prosecution of these three senior Hidalgo staffers was playing out during the thick and thin of her reelection campaign? It’s a troubling question that at some point, will need to be addressed.

Judge Hidalgo specifically told ABC13’s Steve Campion: “I think it’s a very flimsy unsubstantiated case…At best this is going forward with a fundamental misunderstanding of the facts and at worst, it’s the weaponization of the criminal justice system for political purposes, so I’m not going to play into that. My staffers are hardworking people. They work day and night for the people of Harris County.”

Asked whether she’s worried about being indicted, Judge Hidalgo responded, “No. I mean look, I don’t know how far this is going to go, and it’s very easy if you present one side of facts to a grand jury, everybody knows a grand jury will indict a ham sandwich if that’s all they see, right?..I’m not scared, I’m not losing any sleep over this. Whatever happens I’m ready for it. I’m tough, I’m battle-tested, this is just politics, and you know we’ll face it, we’ll keep working, but I think it’s clear the community sees through this, and I’ve got work to do.”

There’s no other way to interpret Judge Hidalgo’s remarks on ABC13 other than, she considers the corruption allegations not only meritless, but also more importantly, part of a well orchestrated political attack masquerading as a criminal prosecution. Her “weaponization of the criminal justice system for political purposes” statement says it all.

Bottom line folks, Judge Hidalgo is absolutely correct. It is impossible to ignore the deep political undertones, given the close proximity of this “criminal prosecution” to the date she is scheduled to face voters at the polls(November). I don’t know who needs to hear this, but the Harris County District Attorney is a Democrat.

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out. You may also Cash App

You may reach the author via email at administrator@grassrootsdempolitics.com or author@emolumentsclause.com