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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VP Kamala Harris’ Biggest Moment(Yet) On The International Stage

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U.S. Vice President Kamala Harris delivered the keynote address at the Munich Security Conference in Germany on 02/18/22. The Munich conference is arguably VP Harris’ biggest moment on the international stage, and her most consequential speech to date, given it’s timing–the looming Russia-Ukraine conflict. It’s also impossible to ignore the historical significance of the moment, given the fact that she addressed the Munich conference as the first female VP of the United States, and the first woman of color to represent the United States in that capacity.

VP Harris traveled to Munich Germany with a bipartisan group of lawmakers and foreign policy heads. Ukraine’s President Volodymyr Zelensky also attended this important international conference, even as Putin’s Russia is on the cusp of invading his country. The Russians skipped the Munich conference.

VP Harris laid out the seriousness of the moment in her opening remarks: “I’m certain we all recognize, this year’s gathering is unlike those of the recent past. Not since the end of the cold war, has this forum convened under such dire circumstances. Today, as we are all well aware, the foundation of European security is under direct threat in Ukraine. Let us remember from the wreckage of two world wars, a consensus emerged in Europe and the United States. A consensus in favor of order, not chaos, security, not conflict…That the rule of law should be cherished, that sovereignty and territorial integrity of all states must be respected, and that national borders should not be changed by force.”

There is no question that the text of VP Harris’ historical speech in Munich will feature in many political science and history classes in years to come, as one of the defining moments in the relationship between NATO countries and Russia.

Bottom line folks, as Yours Truly said earlier, this is easily VP Harris’ biggest moment on the international stage, and reasonable people will agree, she shone bright. With the eyes of the world trained on her, she delivered a great speech, that clearly conveyed the danger Putin’s Russia poses to Europe and the rest of the world, without sounding alarmist. All in all, VP Harris, you represented President Biden, and America, exceedingly well in Munich!!

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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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Sen Lindsey Graham Hints Republicans May Impeach VP Kamala Harris If They Take Over The House

Senator Lindsey Graham on Fox News Sunday (02/14/2021)

Senator Lindsey Graham (R-SC) appeared on Fox News Sunday on February 14th 2021 to talk about former President Trump’s acquittal by the U.S. Senate, which happened the preceding Saturday. Unsurprisingly, Sen Graham, second only to Senator Ted Cruz (R-TX) as the staunchest Trumpers in the Senate, excused Trump’s conduct at his appearance on Fox News Sunday. Sen Graham however went a step further and told host Chris Wallace what he really came there to announce, and that is, should Republicans take back the House in 2022, they should immediately impeach VP Kamala Harris as payback for Trump’s latest impeachment.

Senator Graham said, I condemn what happened on January the 6th, but the process they[House Democrats] used to impeach this president[Trump] was an affront to rule of law…..We’ve opened pandora’s box to future presidents and if you use this model, I don’t know how Kamala Harris doesn’t get impeached if the Republicans take over the House, because she actually bailed out rioters, and one of the rioters went back to the streets and broke somebody’s head open. So we’ve opened pandora’s box and I’m sad for the country.” The full segment of Senator Graham’s interview is available here, but the relevant clip is below

Make no mistake about it, Senator Graham did not go on Fox News Sunday to throw out hypotheticals about future impeachments. He went there to instruct Republicans that if they take over the House in 2022, they must immediately initiate impeachment proceedings against VP Kamala Harris, to avenge his idol Trump. Sadly, this is what this once respected Senator from South Carolina has devolved to–an unabashed lackey for Trump. The same is true for Senator Ted Cruz, and God only knows what former President Trump has on them

Bottom line folks, Yours Truly has repeatedly stated that Trump did not do all the damage to this country during his presidency by himself. At every turn, he benefited from willing abettors like Senators Graham, Ted Cruz and numerous other members of Congress.

Where, as here, Sen Graham throws out hints about a possible impeachment of VP Kamala Harris, the mainstream media and politicos in Washington should interpret it for what it is–a directive from Trump through his trusted lieutenant Lindsey Graham, for House Republicans to impeach Kamala Harris at their earliest opportunity, as payback Trump’s second impeachment. Simply put, the mainstream media and Washington politicos should quit being “surprised” by the actions of Senators Lindsey Graham and Ted Cruz, and start treating their pronouncements about Trump, as direct instructions from him.

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