Tag: Department of Justice

Four Criminal Referrals for Trump

By Todd Lassa

The House Select Committee to Investigate the January 6th Attack on the United States Capitol has issued to the Justice Department four referrals for criminal charges against former President Donald J. Trump over attempts to overturn the 2020 election. The charges did not include seditious conspiracy, the charges for which two Oath Keepers, including founder Stewart Rhodes III, were found guilty last month for their involvement in the attack. 

The charges are: I.) Obstruction of an official proceeding; II.) Conspiracy to Defraud the United States; III.) Conspiracy to Make a False Statement; and IV.) “Incite,” “Assist,” “Aid or Comfort” an insurrection.

The fourth referral, if prosecuted by the Justice Department, would prevent Trump from running for any federal or state office.

“He is unfit for any office,” committee Vice Chairwoman Liz Cheney (R-WY) said.

John Eastman, the attorney who allegedly advised Trump that Vice President Mike Pence could reject the Electoral College results on January 6, also was named in the referrals. All referrals may be applied to “others” identified in the Justice Department’s investigation, panel member Adam Schiff (D-CA) noted in comments to reporters after the hearing.

Additionally, four Congress members will be referred to the House Ethics Committee for ignoring subpoenas to testify before the 1/6 committee, Rep. Jamie Raskin (D-MD) said. They are Reps. Kevin McCarthy (R-CA), Andy Biggs (R-AZ), Jim Jordan (R-OH) and Scott Perry (R-PA), Roll Call reports. A fifth, Rep. Mo Brooks (R-AL) is retiring and was left out of the referrals.

The House Ethics Committee currently has four Democratic and four Republican members, NPR says, and is unlikely to take actions against the four members before a new Congress convenes next month. 

Rep. Zoe Lofgren (D-CA) said the panel has evidence of attempted witness tampering. An attorney for Trump told a witness to say under testimony that she didn’t “retain facts” and in exchange would be offered a job that “would make her very comfortable.” 

In his post-hearing comments, Schiff said there was evidence that some witnesses may not have been completely forthright with the committee. Asked whether the panel has evidence backing star witness Cassidy Hutchinson’s second-hand testimony that Trump physically attacked a Secret Service agent who would not drive him to the Capitol as the insurrection began 

 https://thehustings.news/surprise-witness-cassidy-hutchinson/

Schiff said; “I found Cassidy Hutchinson’s testimony to be entirely credible and I leave it to you to assess the witness’ credibility.”

The 1/6 committee released the first part of its final report here:

 https://january6th.house.gov/report-executive-summary

The panel will release the full report before the end of this year, Committee Chairman Bennie Thompson (D-MS) said.

_____
COMMENTS: editors@thehustings.news

Oath Keepers, Done – Trump Next?

By Ken Zino

Elmer Stewart Rhodes III, founder and leader of the Oath Keepers, and Kelly Meggs, leader of the Florida chapter of the group, were found guilty by a jury on Tuesday of seditious conspiracy and other charges for crimes related to the breach of the U.S. Capitol on January 6, 2021. 

“Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election,” the Justice Department said. 

Three additional defendants, who were leaders and associates of the organization, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell, were found guilty of related felony charges. The verdict followed an eight-week trial and three days of deliberations. 

No sentencing date was set. However, charges of seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and tampering with documents or proceedings each carry a statutory maximum penalty of 20 years in prison.

This, of course, begs the question about the ex-president who wanted to lead Oath Keepers that day after launching his Big Lie before the election and pushing it non-stop afterwards to overturn the legal results. The Big Lie was echoed by virtually the entire Republican party.

“Today the jury returned a verdict convicting all defendants of criminal conduct, including two Oath Keepers leaders for seditious conspiracy against the United States,” said Attorney General Merrick B. Garland. “The Justice Department is committed to holding accountable those criminally responsible for the assault on our democracy on January 6, 2021. The prosecutors and agents on this case worked tirelessly, with extraordinary skill, and in the best traditions of the Department of Justice.”

No prevarication whatsoever that I can perceive in Garland’s statement.

Last words for the moment from the FBI: “As this case shows, breaking the law in an attempt to undermine the functioning of American democracy will not be tolerated,” said FBI Director Christopher Wray. “The FBI will always uphold the rights of all citizens who peacefully engage in First Amendment protected activities, but we and our partners will continue to hold accountable those who engaged in illegal acts regarding the January 6, 2021, siege on the U.S. Capitol.”

In the 22 months since Jan. 6, 2021, more than 900 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 275 individuals charged with assaulting or impeding law enforcement. 

“The investigation remains ongoing. Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.”

Yes, ongoing, but if there was enough to convict Oath Keepers, seems that should be sufficient to indict Trump. Coming soon “The United States Versus Donald J. Trump.” J as in Justice?

_____________________________________

Left on Rhodes?

(TUE 11/29/22)

What do the guilty verdicts of Oath Keepers leaders Stewart Rhodes and Kelly Meggs mean for future seditious conspiracy cases by the Justice Department? Watch this space for commentary by contributing pundit Ken Zino. 

Click on The Gray Area to read Zino’s commentary on the Chinese intelligence officer recently convicted of espionage in the case involving General Electrics Aviation secrets. 

Enter your own Comments in the box in this column or in the right column, or email us at editors@thehustings.news.

_____

How the West Was Won — And How It May Be Lost

By Stephen Macaulay

“Courage is being scared to death… and saddling up anyway.” ~ John Wayne

One of the movie genres that was once popular and almost definitive of America and what it means to be an American was the Western. Invariably there were narratives wherein there were groups of bad guys who (a) considerably outnumbered the good guys and (b) wanted something that wasn’t right, whether it was to bust one of their convicted brethren out of jail before he’d get strung up or who wanted to seize the land of a law-abiding farmer for their cattle.

And the good guys — with a certain amount of cajoling from, say, John Wayne — would invariably do the right thing and, with requisite sacrifice, stand up to the bad guys.

Now we are in a situation where there is question whether the Department of Justice should, assuming it has a case, stand up to Donald Trump and indict him for whatever crimes they may have assessed.

From Sen. Lindsay Graham (R-SC) to Donald Trump himself there have been not-so-veiled cautions or threats that some sort of violence could occur were that to happen.

What would John Wayne do? Turn lily-livered? Or saddle up and do what it takes, even if it meant having his blood spilled?

Law or lawlessness?

(Strangely, if you think about it Trump has more to him of the railroad magnate who, in those movies, paid off a group of black-hatted hacks to clear out the real folk, or of the smarmy suited gambler who would lie and cheat at every opportunity . . . and hide whenever the hard stuff began.)

Remember, during a campaign speech in Iowa in 2016 then-candidate Trump said: “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn't lose any voters, OK?”

In other words, he could flout the law and it wouldn’t have any effect on him.

But it isn’t about Donald Trump.

The man clearly doesn’t live in the same reality that most Americans do. There is a fraction of Americans who live in his warped world, or who at least find solace in the ostensible case that he is a victim just like they are, but how the alleged billionaire has anything in common with those who work on farms and in factories remains a mystery.

As Liz Cheney pointed out in her opening remarks yesterday, Donald Trump knew that he had lost the election. One could argue that he knew he had lost the election prior to it actually being held — which explains why he so early on began talking about how it would be “rigged.” Were he to be so supreme and superior, it would have been a blowout — in his favor.

When the landgrabber in a Western wanted to take someone’s farm, there was often a phony deed involved. A crooked lawyer would take it to a widow — her husband having been shot by one of the bad guys earlier in the story — and try to force her to sign it.

It isn’t real. Isn’t bona-fide. But when you’re a bad guy such niceties as truth don’t matter.

The January 6th Committee showed in Technicolor that Trump lied. Repeatedly. Lied knowing full well that he had lost the election. Lied in order to rile up the crowds who you could imagine taking torches to the sheriff’s office to get some miscreant out of jail. . . but in this case keeping some miscreant from going into jail.

The question is whether Merrick Garland is going to hitch up his britches, and do the right thing. The hard thing, but the right thing if he determines the law was broken.

Could there be violence? Certainly.

But is this a nation of laws?

Seems like that was one of the things we learned from those Westerns when the brave man stood up to seemingly insurmountable odds.

Does Donald Trump get to ride roughshod over the law?

_____
COMMENTS: editors@thehustings.news

Where’s the Beef? 1/6 Hearing Curtain Raiser

By Ken Zino

With the republic facing another public hearing by the Select Committee to Investigate the January 6th Attack on the United States Capitol Wednesday, let’s take a look at the fast-breaking developments last week of Donald J. Trump versus the United States of America. Part of the committees’ remit is “to strengthen the security and resilience of the United States and American democratic institutions against violence, domestic terrorism, and domestic violent extremism.”

The U.S. Court of Appeals for the 11th Circuit in Atlanta in a stinging rebuke of Judge Aileen Cannon’s contrary decision, agreed with the Justice Department to let the FBI reclaim access and use 100 classified documents (and “papers physically attached to them”) taken from Trump’s residence in Florida while conducting a legal search. The Trump-appointed (just after the 2020 election) Cannon had ruled that DOJ was not to present “the seized materials to a grand jury and (use) the content of the documents to conduct witness interviews as part of a criminal investigation.” 

Trump’s preposterous argument that he de-classified the documents, either verbally or non-verbally was not addressed by his attorneys (mindful of their own futures if they advised Trump otherwise since there are clear procedures for de-classification?) was rejected completely in the appellate court ruling that said the law should not give Trump special treatment no matter what he was or is. So damaging was the ruling apparently to Cannon’s future career that she cancelled her stay against the use of the documents on the very evening the Court of Appeals issued the reproach.

Then came the special master that the Cannon ruling specified … as part of her egregious opinion in favor of the legally imperiled Trump and his attorneys. Enter special master Raymond J. Dearie, semi-retired judge from the Federal District Court for the Eastern District of New York. He was proposed by Trump’s attorneys and DOJ agreed that he read and sort through 11,000 records or documents that left the White House and turned up in the long-delayed August 8 search of Mar-a-Lago, after more than a year of DOJ maneuvering to get the National Security documents returned.

Dearie, who clearly is tired of all the lies and false arguments floating about in Trump-land in effect said, “Where’s the beef?” Dearie issued an order after the appellate court ruling asking Trump’s lawyers to let him know if there were any discrepancies between the documents that were kept at Mar-a-Lago and those the FBI said it had hauled away. He was countering false allegations that the FBI planted documents. Where’s your evidence, Trump? 

This whole sordid affair would be farce if it solely existed on a Broadway stage: Mari Lago Magic Wand Madness Review and the Art of the Steal. The absurd jokes and steady laughter start as the curtain rises. A president can declassify simply by thinking about it, Trump told Sean Hannity. Guffaw. And the FBI in its legal search was really looking for the deleted e-mails of Hillary Clinton. Guffaw, guffaw. If they are deleted how would Trump have possession of them? Guffaw, guffaw, guffaw. If Trump had them, he certainly would have used them during the last 18 months when he illegally removed presidential records from the White House. Right? Guffaw. Guffaw, guffaw, guffaw. 

Enter stage left, the New York attorney general with fraud charges, looking to fine Trump $250 million and stop him from doing business ever again in the state. Another “witch hunt” claim is not enough. Trump counters by appearing at his own rallies as a QAnon true believer and booster. Wait, there’s a last-minute script change. It’s Trump and company who are the Satan-worshipping pedophiles in our midst sucking the blood of our children so they won’t live to defend our democracy. 

Curtain for the Mari Lago Magic Wand Madness Review and Art of the Steal?

As grim as Trump’s legal prospects look, there’s also the prospect of conspiracy charges over the 1/6 mob’s effort to have Mike Pence hanged, and ongoing election interference charges in Georgia. Perhaps now, finally, the GOP establishment has had enough. Nonetheless, all the investigations and potential charges haven’t significantly changed people’s views of him, a New York Times/Siena College poll found.

I’m not looking forward to a sequel. Let’s hope the backers -- the institutions and people who support American democracy -- turn off the money and shut Trump and the Art of the Steal down. The show’s over. 

_____

More Trump Treachery Revealed

By Ken Zino

The Justice Department in a 36-page court filing* late Tuesday night responded to the latest attempt at avoidance of accountability by FPOTUS -- Former President Donald Trump -- via an independent special master review of classified documents of the most important type recovered from the legal FBI search of Mar-a-Lago. 

Simply put; Trump’s and his sycophant’s treachery are worse than had previously been revealed. They lied when the claimed falsely that all national security-sensitive documents had been returned. The search found three classified documents in desks inside FPOTUS’ Mar-a-Lago office. 

More outrageous still was more than 100 documents in 13 boxes with classification markings in the residence, including some at the most sensitive levels. This is at least two times the number of classified documents the former president’s lawyers turned over voluntarily while falsely swearing that they had returned all the material wanted by the National Archives or Federal Government. **

The DOJ asserts: “In particular, the government developed evidence that a search limited to the storage room would not have uncovered all the classified documents at the premises. The government also developed evidence that government records were likely concealed and removed from the storage room and that efforts were likely taken to obstruct the government’s investigation.”

In my view, it’s time for democratic rule and the respect for law to proceed. Free DOJ of having to respond to the “stay out of jail” maneuverings of proven liars. Let DOJ and national security officials who need to assess the damages and threats from Trump’s treacheries do their jobs. And if indictments come, so be it – even in the face of Republican threats of violence. It’s time to address these treacheries in U.S. courts under the rule of U.S. laws.

Read the * and ** filings referenced above in the center column.

_____
COMMENTS: editors@thehustings.news