December 20, 2022

"Why the DOJ Might Have a Tough Time Proving Trump Committed 'Insurrection'/It would take a very aggressive prosecutor to take the risk involved in pursuing it.

A Slate article by Dennis Aftergut, a former federal prosecutor.

Were [Special Counsel Jack] Smith to charge [insurrection], he would need to overcome Trump’s First Amendment defense under the Supreme Court’s ruling in Brandenburg v. Ohio. There, the court ruled that to be outside free speech protection, the words of a speaker accused of advocating force must be “directed to inciting or producing imminent lawless action and [be] likely to incite or produce such action.”... 

Finally, any conviction for insurrection would not be certain to disqualify Trump from office... Bear in mind that in 1969, the Supreme Court ruled that the Constitution’s age, citizenship, and residency requirements for membership are exclusive.... In a case against a former president, it would take a highly aggressive prosecutor to take the risk involved in pursuing this charge when the others are easier to prove and require fewer motions that could lose....

108 comments:

rwnutjob said...

They've not charged anyone with insurrection?

RideSpaceMountain said...

"Very aggressive"

That's a super creative way and euphemistic way of saying "corrupt".

gspencer said...

Hmmm, undertaking the heavy lift of an insurrection with a bunch of tourists in DC out to see the sights is a really piss-poor way of finding success.

Elliott A said...

Again, this is lunacy. He asked for national guard troops, police, etc and was denied. Clearly an insurrection planner would not put in place the means to stop it!

Gusty Winds said...

Well yeah they'd have a tough time proving it because Trump didn't commit "Insurrection". Neither did the people who attended J6.

The insurrection and coup was the 2020 voter fraud which we are moving on from so we can move away from Trump. The dirtier part is the FBI infiltration of the J6 crowd and basically taking over and strong arming tech companies in 2020.

Trick is to pretend your vote or voice will ever really count again, and that things can go back to the "way they were" before the 2020 fraud and Deep State control of Big Tech.

But the upside is at least our sensibilities are not being offended. Don't forget to get your booster!!!

Mr Wibble said...

It's not about proving it; it's about creating enough drama that squishy moderates are scared away, along with sending a message to any other outsider who'd dare to try and challenge the political establishment.

Dave Begley said...

Tough to prove incitement of an insurrection when the rebels didn’t have any weapons.

But let’s be frank. Trump will be indicted. The trial judge will be a Dem. The jury will convict. CNN ratings will soar. The DC jury pool voted for Biden at 95%.

Temujin said...

From what I've seen of our national security apparatus, our Department of Justice, our media- both traditional and social- I would not put anything past them at this point. Trump is beyond an obsession with all of them.

At this point, just for my own amusement, I wish the GOP led House had the yayechkas to make Trump the Speaker. Just to watch the global spectacle of exploding heads. It would be a fitting and amazing way to go out.

Enigma said...

When you have dug yourself into a hole, the first step to get out is to stop digging.

Back when people lived in castles, sappers would undermine the stone walls to make them collapse. If gravity didn't do they job they'd put cone-shaped bombs called petards under the walls and blow up the walls. When the petards exploded prematurely the sappers would be 'hoisted on their own petards.'

https://idioms.thefreedictionary.com/hoisted+by+their+own+petard

Curious George said...

"That's a super creative way and euphemistic way of saying "corrupt"."

And that's also a super creative way and euphemistic way of saying Democrat.

Howard said...

Seditious conspiracy are the heaviest January 6th charges AFAIK. These were applied to the Oaf Keepers led by that fat piece of shit with the double chin covering beard and pirate eye patch.

BUMBLE BEE said...

The jokes write themselves! These clowns are representing the best of the democrat values? Gonna lose again.

Owen said...

The point is not to convict. The point is to harass, demoralize, demonize. The process is the punishment: ask Michael Flynn and many others. And the punishment falls not only —relatively speaking it falls hardly at all— on Trump. It falls on every last one of us who still clings to the quaint notion that we are a government of laws, not men.

They rejoice in this openly corrupt game. It is their way of forcing all of us to accept their rule. It is the equivalent of the bully grinding your face in the mud and demanding that you cry “uncle.”

Richard Aubrey said...

Elliot A. Everybody knows this. So? Talk to your prog friends and see if they think it's as important as the hoax about grabbing a steering wheel.

wendybar said...

I can't wait until the Political prisoners get out and start suing the asses off of the government and Nancy Pelosi for what they are being put through.

wendybar said...

Brandon Straka
@BrandonStraka
·
9h
As J6 committee closes, here’s what we learned:
•The committee hates Trump.

What we DIDN’T learn:
• Who is the pipe bomber?
• Why did Pelosi decline National Guard?
• Who opened the Columbus doors?
• Why did police open barricades?
• Why is 14K hrs of footage being hidden?

gilbar said...

i think Trump, should Just Admit, that he was working for Roy Epps.

Dear corrupt left, go F yourselves said...

the point is to drag it on and on...

planetgeo said...

The nature of the charge is irrelevant. Just that it be serious. And both expensive and very time-consuming to fight. Haven't we seen this trick about 4 or 5 times already? And always with the same result.

RideSpaceMountain said...

Does Dennis Aftergut have a beforegut in his cephalothorax? Is his exoskeleton big enough?

What a strange name.

Howard said...

No April, it's to keep Trump afloat as the face, standard bearer and kingmaker of the GOP. It's the only way the corrupt DNC Davos Democrats can stay in power. Otherwise the kids take over and the money train goes away.

tim maguire said...

The DOJ won't charge and the House Committee won't care. It's not about crime and punishment; it's barely about Trump. They sucked all the air they possibly could out of Jan 6 and now they will go find another fake outrage to tweet about until the next election.

tim maguire said...

gilbar said...i think Trump, should Just Admit, that he was working for Roy Epps.

That's kind of brilliant. The media would finally have to care about the role this FBI mole played in encouraging the violence.

Dear corrupt left, go F yourselves said...

the point is to waster our tax dollars.

all while corrupt Biden international grifters get a pass.

Nonyabidness said...

No evidence is required at a show trial. LOLOLO.

Trump is guilty because they want him guilty. He's headed for prison. Which he deserves. He should have put them there first, like he promised he would. The next Republican had better be taking copious notes.

Do unto them, because they're damn well gonna do it unto you.

narciso said...

Mcdonnell was innocent so was delay so was conrad black they never got their jobs back did they

Sebastian said...

"It would take a very aggressive prosecutor to take the risk involved in pursuing it."

The only risk is in correctly gauging the proclivities of a partisan DC jury.

In the swamp, can righties ever be judged by a jury of their "peers"?

AMDG said...

The J6 Committee needs to justify their existence.

I would think that to commit the crime of insurrection it would require planning. Trump is famous for acting on impulse and reacting to the moment.

His actions on J6 and his disdain for the Constitutional order certainly disqualify him from being taken seriously as a national leader but they do not rise to the level of a crime.

Achilles said...

Hunter Biden's tax payer funded Hooker said...
the point is to waster our tax dollars.

all while corrupt Biden international grifters get a pass.


The point is to keep the Republican party under control of the Uniparty and to snuff out the TEA Party again.

You just have to look at what other republicans are doing and saying right now to see what is going on.

Achilles said...

Curious George said...
"That's a super creative way and euphemistic way of saying "corrupt"."

And that's also a super creative way and euphemistic way of saying Democrat.

This isn't democrat vs. republican.

This is regime against TEA Party.

James K said...

Trump will be indicted. The trial judge will be a Dem. The jury will convict. CNN ratings will soar. The DC jury pool voted for Biden at 95%.

If indicted, can Trump ask for a change of venue? He's got no chance with a DC jury, regardless of the (lack of) evidence.

Joe Smith said...

They don't have to prove shit.

Just get it in a DC courtroom...a monkey could win that case.

wendybar said...

Only one word accurately describes the crime the FBI has committed, and that word is treason.

May the punishment fit the crime. (Everything criminal leads right back to the FBI....)
https://www.americanthinker.com/articles/2022/12/why_did_the_fbi_want_joe_biden_to_become_president.html

rcocean said...

The lack of Republican reaction to a prosecution of Trump and a poltical show trial is simply amazing. One gets the impression, the Republican establishment simply doesn't care about electing a Republican POTUS anymore. They want the status quo and as long as the Democrats keep nominating someone who will spend zillions on Defense, involve us in wars, and keep the capital gains tax low, they're cool.

We all know the R's won't retaliate. They don't have the stomach for it. So, the new normal is the D's get to impeach and imprison any R they don't like, while the D's go scot free, no matter what they do.

Weird, but that's what the R's are OK with.

Dear corrupt left, go F yourselves said...

"The Jan 6th Committee reminds America that we can never again allow a small band of unarmed protesters to conquer the largest military power in the history of human civilization by sauntering through the Capitol rotunda and taking selfies.

We were so close to losing everything."

-Scott Adams

Dear corrupt left, go F yourselves said...

A chart of comparative facts

Gk1 said...

Hah! It never stopped these democratic douche bags before. After 2 phony impeachments why not a phony indictment then a show trial in a kangaroo court in Washington D.C to complete the farce?

Achilles said...

AMDG said...
The J6 Committee needs to justify their existence.

I would think that to commit the crime of insurrection it would require planning. Trump is famous for acting on impulse and reacting to the moment.

His actions on J6 and his disdain for the Constitutional order certainly disqualify him from being taken seriously as a national leader but they do not rise to the level of a crime.



Just another Regime operative.

Butkus51 said...

gilbar said...

"i think Trump, should Just Admit, that he was working for Roy Epps."

I had Epps in mind too. I cant top that.

Achilles said...

Howard said...
No April, it's to keep Trump afloat as the face, standard bearer and kingmaker of the GOP. It's the only way the corrupt DNC Davos Democrats can stay in power. Otherwise the kids take over and the money train goes away.

The democrats don't really have a problem with the Bush wing of the republican party. They are davos republicans too.

The davos republicans don't really have a problem with the Davos Democrats.

Because they are all on team Davos.

More and more people will become US Nationalists as time goes on. This is the real divide in our political system now.

Mason G said...

They've been screaming "J6!" and "Insurrection!!" for so long now they'll look even more foolish than they already do if they back down. So it's time to go "George Costanza" Let's Get Nuts!


Dear corrupt left, go F yourselves said...

AMDG-

"The J6 Committee needs to justify their existence.

I would think that to commit the crime of insurrection it would require planning. Trump is famous for acting on impulse and reacting to the moment.

His actions on J6 and his disdain for the Constitutional order certainly disqualify him from being taken seriously as a national leader but they do not rise to the level of a crime."


Indeed. However, many of us still believe that the 2020 election was rigged in targeted precincts to give the election to an old man who stayed in his basement. A crook - who to this day is protected by the FBI. (and the media) Also resigned to the fact there is no remedy.
The corrupt left impeached Trump for attempting to get a handle on the former VP's corrupt family profiteering with a Ukrainian Energy company.

All of that REAL democrat party corruption is ignored - because Trump steps on his dick. But yeah - it would ignored anyway. Trump is the lightening rod the left need.

JAORE said...

Sadly a large number of people have become convinced, by MSM, lefty politicians and invertebrate Republicans that J6 was the WORST assault on America EVAH!!!!

I suspect the DC jury pool would include a disproportionate number of these people.

So the uphill climb might be more of a skate board ride to the bottom.

Dear corrupt left, go F yourselves said...

The Jan 6th Committee

GRW3 said...

Reopening his Twitter account was a big blow, I'm sure, since his posts telling people to go home can be seen. Also, there's the pesky problem on the fact he offered to provide National Guard protection and they Nancy said No.

Lem Vibe Bandit said...

As long as a jury goes in full of prejudices and biases against Trump, a prosecutor won’t be hard to find.

wendybar said...

Traitor PAUL RYAN was in on the spying. He KNEW the DOJ was spying on Deven Nunes, and he did SQUAT about it. THIS is the GOPe...who will never win again. They can join with their Progressive brethren and suck eggs. Let it fall. They all belong in prison. The corruption is never going to stop otherwise. When you have elites on both sides who don't want to spoil their grifting.....they will do whatever it takes to stop the people who actually tried to stop their corruption. For the people who still believe in the GOPe...Good luck. You were had. And you wonder WHY Fox News is going Progressive??

https://www.thegatewaypundit.com/2022/12/breaking-paul-ryan-speaker-ryan-knew-doj-spying-rep-nunes-staff-allowed-happen-never-notified-white-house-video/



LibertarianLeisure said...

Wendybar's questions are spot-on.

wendybar said...
This comment has been removed by the author.
Michael K said...

But let’s be frank. Trump will be indicted. The trial judge will be a Dem. The jury will convict. CNN ratings will soar. The DC jury pool voted for Biden at 95%.

Yes, I doubt there is any justice for a Republican in DC. We've seen examples in the past few years. Scooter Libby vs Geoff Craig, for example. Podesta vs Michael Flynn.

They, like Inga and Howard, have a hatred for Trump that is illogical but colors everything they think. I can understand why corrupt politicians hate him but dull normal Democrat voters are less explainable.

wendybar said...

And then McConnell just sold us out...AGAIN. Suckers vote. There is no reason to vote anymore. https://www.thegatewaypundit.com/2022/12/mcconnell-senate-republicans-agree-1-7-trillion-spending-bill-45-billion-ukraine-clause-make-impossible-challenge-stolen-elections/

gilbar said...

meanwhile (i wasn't sure Where to put this, put here seems good)...
Here is the sad truth. Companies all over the United States are hiring individuals known to be working in violation of U.S. law. These individuals enter the United States illegally via human trafficking networks pumping individuals across the United States border with Mexico. Those networks are run by Mexican drug cartels. The Biden administration has effectively terminated all efforts to interfere with this massive human smuggling operation. It is keeping the border open in order to guarantee the supply of these illegal workers to factories and agricultural enterprises inside the United States.

Jaq said...

There, the court ruled that to be outside free speech protection, the words of a speaker accused of advocating force must be “directed to inciting or producing imminent lawless action and [be] likely to incite or produce such action.”

Sounds like they *do* have a pretty solid case against Ray Epps then.... Oh, wait, he's just an innocent nobody being hounded by the right, despite the evidence on video. Nevertheless, I am pretty sure that a DC jury will convict based solely on the 'R' after Trump's name.

Political Junkie said...

I wonder, in political terms only, which team, D or R, benefits by Trump being "Courted".
I think it benefits the R's overall, but I of course could be wrong.

Political Junkie said...

Prosecutor named "Aftergut".
I like it. He is not gonna just kick you in your ass, you will also take it in the stomach.

Jaq said...

Trump has as much chance at a change of venue from a DC judge as he does an acquittal from a DC jury.

"The lack of Republican reaction to a prosecution of Trump and a poltical show trial is simply amazing."

This is the exact reason I won't vote for any of the bastards. Behind closed doors, they are all basically gadfly.

Jaq said...

If you siphon the gas out of a park ranger's jeep in a National Park, you are guilty of "seditious conspiracy." That law is so broad it's meaningless.

BTW, so were all of those protesters in the Senate at the Kavanaugh hearings.

takirks said...

The oligarchy just continues to discredit itself, driving ever onward into the depths, like some ship whose engines still turn the screws, while the ship is sinking beneath the waves.

These idiots really do not grasp that they're essentially martyring Trump; by doing so, they're drawing attention to their essential and intractable incompetence, as well as what they've been doing these last many generations.

This isn't what most people think it is, on either side: What it actually is would be the beginning of the end for the people who've usurped control of the US government. You can't keep the masquerade going forever, especially when the participants get so greedy and stupid that they do the things that the Biden Krime Krewe have gotten up to.

I think the whole thing is going to get so egregiously bad that both halves of the oligarchic elite are going to wind up thrown out of office nearly simultaneously. One thing that I've noted is that a lot of lock-step former Republicans are no longer believers in anything the Republicans try and tell them; they've been burned too many times by promises of fiscal sanity and good governance, only to have the Republican side of things just do the Democratic Party will as though they were puppets. I think the whole thing is going to end with all of the grifting bastards, Democrat and Republican alike, strung up in one way or another. For some, it'll likely be purely figurative; for others, it will be as lamp post decorations.

Douglas B. Levene said...

It would be foolish to charge Trump with any crime unless the law is clear and the facts are undeniable. That suggests there will not be an indictment for insurrection, seditious conspiracy, or conspiracy to obstruct Congress. Instead, there will probably be an indictment for obstruction of justice based on Trump’s response to the grand jury subpoena. The subpoena called for all documents marked “classified.” It’s irrelevant fir this purpose whether the documents were properly classified in the first place or subsequently declassified. If they bore “classified” markings, the subpoena required them to be turned over. In response, Trump hid responsive documents and/or lied about having returned all responsive documents, or instructed his minions to hide or lie for him. That’s a straightforward case, just like Nixon either destroying the tapes or instructing his secretary to do so. He can run for president from the federal pen, just like Eugene Debs did in 1920.

hombre said...

The Democrats don't need an "aggressive prosecutor." They just need an unethical one and a D.C. jury.

Not a tall order these days.

PB said...

Huh? It'll be in a DC federal court. The prosecutor won't have to do much at all except say "Trump." They'll give him the death penalty.

hombre said...

"I can understand why corrupt politicians hate him but dull normal Democrat voters are less explainable."

Some questions answer themselves. "Dull normal." Couple dull normal with leftmediaswine and there is no escape from Trump Derangement Syndrome.

ccscientist said...

A sedition consisting of a bunch of protesters who are encouraged by a guy with a bullhorn (never arrested) to enter the capitol, unarmed, unorganized, and who then took selfies and went home. The keystone cops were more of a threat to the nation.
And trump did tweet to go home FFS.

Rusty said...

wendybar
I hope you're not suggesting what I think you're suggesting.

Jaq said...

"the most chilling may be [their] enthusiasm for using legal power as a naked political bludgeon." - Jonathon Chait

Who do you suppose Chait is talking about? Adam Schiff, Liz Cheney, Garland?

Oh no, it's Ron DeSantis.

Jaq said...

Remember when they told us that we were not in a recession because all of the jobs growth proved we couldn't be?

The Philadelphia Fed's report, released last week, week estimated that from March to June of this year, the U.S. added just 10,500 jobs, a glaring difference from the 1,121,500 estimated by the Bureau of Labor Statistics.

The number they came out with was an order of magnitude higher than the actual number. Like emptying the SPR, when a possible war looms, this was more "election fortification." But you can blame Trump, if you like. Throw him in prison! Sure, why not? After all, Trump violated "norms," right?

Leland said...

I agree with GRW3 and Dave Begley. There is plenty of evidence showing Trump tried before and during to stop the unauthorized events happening at the Capitol. There is also plenty of evidence to suggest a DC prosecutor, judge, and jury won't care about equal justice.

Case in point, Judge Emmet Sullivan, who the Supreme Court had to overrule on Title 42 today.

Drago said...

Achilles (to AMDG): "Just another Regime operative."

Indeed.

Remember, AMDG stated explicitly that he/she blames Trump "for everything". As in.."everything".

It's hard to think of a better gift to the establishment GOPe sellouts than a brigade of AMDG's and HBTPFH's. Here we are discussing the hopeless corruption that is DC and what do AMDG/HBTPFH have to offer: Its Trump's fault.

Brylinski said...

Here's another similar opinion by Andy McCarthy: https://nypost.com/2022/12/19/criminal-referral-may-have-helped-trump-by-politicizing-the-dojs-decision/.

Both miss the jury pool issue that guarantees a guilty verdict for Trump. Some experts... Did they not follow the Sussman case?

jim5301 said...

The committee certainly has made a sucessful prosecution more difficult. They refused to disclose witness testimony to DOJ when DOJ asked for it month's ago. And now they are disclosing such information to the public and hence potential witnesses will be able to tailor their story accordingly. It seems that they really don't want Trump to be prosecuted after all. A sucessful prosecution would have been more likely had the committee never existed.

rcocean said...

If you're the sort of person who blames Trump when he's getting lynched. Fuck you.

And stop pretending to be on our side. You're a liberal democrat.

Dear corrupt left, go F yourselves said...

The left need Trump - so the "walls are closing in" "Indictment watch" will be ever-present -

The left need Trump to be there.

Owen said...

takirks @ 12:32: "...I think the whole thing is going to get so egregiously bad that both halves of the oligarchic elite are going to wind up thrown out of office nearly simultaneously...."

"Thrown out of office," how? With elections? Or with torches and pitchforks?

Increasingly it's an open question.

Dear corrupt left, go F yourselves said...

gilbar - thanks for that.

wendybar said...

Tick Tock Schiffhead, tick tock. Too bad we have to read all of this on the internet, because the Propaganda media sure likes to hide the truth....



Elon Musk
@elonmusk
As (outgoing) Chair of House Intelligence, did you approve hidden state censorship in direct violation of the Constitution of the United States
@RepAdamSchiff
?
12:32 PM · Dec 20, 2022

https://www.thegatewaypundit.com/2022/12/approve-hidden-state-censorship-direct-violation-constitution-elon-musk-calls-adam-schiff-documents-reveal-schiffs-office-emailing-twitter/

Readering said...

In an earlier comment I made reference to the Spiro Agnew precedent and got some ridicule. Now I see Hugh Hewitt has a WaPo column.

Jaq said...

I guess the plan is to put Trump in prison because his tweets and video messages to the crowds to be respectful of the Capitol Police, and then the one to go home in peace, were not emphatic enough. Oh wait, Twitter banned him before they could be read. banned him because he after he told people to go home, said he was going to skip the inauguration, which Twitter took as a coded call to violence.

It's all right here at the end of his time line:

https://twitter.com/realDonaldTrump

Personally, I think a prosecution would be great, because, unlike the committee, all of the exculpatory evidence would be allowed. There are thousands of hours of video that we are not allowed to watch. It would be like Rittenhouse, guilty on Twitter and all of the news networks, but not guilty in a court of law, where actual rules apply.

Of course in DC, Rittenhouse would have been found guilty anyway, no matter what the law said.

wendybar said...

rcocean said...
If you're the sort of person who blames Trump when he's getting lynched. Fuck you.

And stop pretending to be on our side. You're a liberal democrat.

12/20/22, 2:37 PM

THIS^^^

wendybar said...

Rusty said...
wendybar
I hope you're not suggesting what I think you're suggesting.

12/20/22, 1:06 PM

I will vote for Trump. Not sure if I will ever vote for anybody else again.. They would have to prove themselves that they work for US, and I have yet to see anybody in the GOPe that is speaking out against this witch hunt. McConnell is doubling down. If we keep voting in that trash, we aren't any better ourselves.

wendybar said...

It's getting worse. How can any Red blooded American trust anything out of our Corrupt government ever again?? They need to go to prison. You can't make this shit up.

https://therightscoop.com/pentagon-psyops-twitterfiles8-is-out-and-it-just-keeps-getting-uglier-and-more-damning/

Trump isn't the one who should be on trial.

pacwest said...

More and more people will become US Nationalists as time goes on. This is the real divide in our political system now.

Nationalism vs. Globalism is the root of the conflict. Globalism is where the money is. Trump is a Nationalist. Nationalism cuts into Globalism's profits. Always follow the money.

wendybar said...

Everybody can see it except for the Never Trumpers.....

https://therightscoop.com/senate-are-working-against-the-american-people-bartiromo-comer-fbi-twitter-senate-gop/

rcocean said...

BTW, Mitch McConnell refused to criticize the J6 committee for recommending Trump be prosecuted and jailed for a crime.

McConnell also signed off on a Zillion dollar Omnibus bill with $50 billion for the Ukraine, more money to prosecute J6 defendents, gives no additional money for border security and funds the Government through 9-30-23.

In other words, he gave the Democrats everything they wanted.

Wow, we lost a lot when we didn't win the Senate didn't we? Man, Bad-ass Mitch would've done something REALLY conservative with that Senate Majority. /sarcasm off/.

Michelle Dulak Thomson said...

tim in vermont,

Nope, that's two orders of magnitude, not one. Per the Philadelphia Post, the BLS's figure was about 100x too high.

Michelle Dulak Thomson said...

RideSpaceMountain & Political Junkie,

I confess that I, too, was smitten by "Aftergut." I wonder what the name's origin is. Surely not the two English words.

traditionalguy said...

What this means is that The Dems Gang needs a patsy like Lee Harvey Oswald so they can loose the dogs of the CIA war.

iowan2 said...

The subpoena called for all documents marked “classified.” It’s irrelevant fir this purpose whether the documents were properly classified in the first place or subsequently declassified

There's a good chance to get the subpoena squelched. The whole basis for the FBI's actions will have to survive trial motions. Wording the warrant to say "marked classified" admits the FBI was on an unconstitutional fishing expedition.

The problem with all the Democrat lawfare against Trump is always the evidence and discovery. In short, Any of this getting inside a courtroom exposes the corruption of the FBI and DoJ.

Dear corrupt left, go F yourselves said...

Dick Morris has lost his mind. Delusional.

Dear corrupt left, go F yourselves said...

Wendy - thanks for that. We do see it. Some Senate R's (not all) suck donkey balls.
Problem is - Trump is not the answer.

Dear corrupt left, go F yourselves said...

I want Trump to go away AND Mitch McConnell to drop dead.

Dear corrupt left, go F yourselves said...

AdaM Schitt should be tarred and feathered and indicted for his lies.

walter said...

Roy Epps would like to be left out of this, thank you.
Though, as president of a wastewater management company, the parallels are apparent.

Jeff said...

dragging this out is exactly the point. when Rs take over they cannot probe into active investigations... hence the new special counsel

Tom said...

Oh please let the prosecutors put him on trial. It will all but guarantee he’s the next president.

Achilles said...

I will not support a party with Mitch McConnell in it.

I will not support any republican that does not explicitly and repeatedly call for Mitch McConnell's removal from the Republican party.

Douglas B. Levene said...

@Iowan2: I’m not a criminal law professor or practitioner, so I don’t know whether it’s a defense to a charge of obstructing a subpoena that the defendant could have, but didn’t, file a motion to quash.

Douglas B. Levene said...

@iowan2: On further reflection, I think that the defense that the documents were improperly classified or subsequently declassified might be a good defense to a charge of mishandling classified documents, but it’s not a defense to a charge of defying a grand jury subpoena. The grand jury had the right to retrieve the documents and decide if a charge should be brought for mishandling them. Trump has no defense to the charge of obstruction, except to try to lay off blame on one of his minions. It’s inconceivable that he would ever do anything like that, though, right? In any event, that’s why I think such a charge is likely to be brought, since it avoids any messy factual disputes disputes about whether the documents were actually classified or mishandled.

Jaq said...

"but it’s not a defense to a charge of defying a grand jury subpoena."

Yes, start enough investigations, and you can create a crime ex-nihilo! Even if the investigation was not based on any crime! "Show me the man..." as Stalin's favorite secret policeman said.

Drago said...

HBTPFH: "I want Trump to go away AND Mitch McConnell to drop dead"

Hey, look who just woke up and realized that perhaps, perhaps, it was time to take a timeout from all his moronic Trump bashing to pretend to oppose Mitch McConnell.....but only because the lie that McConnell and his McConnell-tards are the "responsible republican" "adults in the room" can no longer be sustained.

Gee, thanks for your "timely" comments HBTPFH. Now that you have pretended to dislike McConnell for the minimum time possible you can now return to your one true love: trashing Trump.

Remember, for the last several months, HBTPFH has been screeching at me almost daily for daring to bring up all the selling out of the republican base by his GOPe heroes when there were much more important NFT digital cards to complain about. At some point, the selling out of the republican base by HBTPFH's GOPe heroes had to be addressed I suppose.

No wonder McConnell and his GOPe crew can walk right up to the microphone and lie to the republican base in such an astonishingly brazen manner and even fund democrats and attack republican candidates directly: they have a legion of easily distracted dummies they can activate with the whisper of a single word: Trump.

Drago said...

HBTPFH: "AdaM Schitt should be tarred and feathered and indicted for his lies."

Why?

Schiffty is simply doing what ALL the democraticals, ALL the deep staters and 50%, at least, of the elected "responsible" "adult in the room" republicans want him to do.

Ooooops! Sorry.

I forgot. You hate it when anyone criticizes the GOPe sellouts.

Drago said...

tim in vermont: "Yes, start enough investigations, and you can create a crime ex-nihilo! Even if the investigation was not based on any crime! "Show me the man..." as Stalin's favorite secret policeman said."

Oh, this has been going on for some time now with good old Just-calling-balls-and-strikes-here Douglas Levene.

Levene, months ago, had Trump basically already "convicted" of coordinating the planting of the FBI hoax pipe bombs and the FBI hoax "weapons caches" "near" DC to be used in the "insurrection". All the FBI hoaxers had to do was ensure their hoax had at least 1 vague "connection" (remember "russian contacts" for the hoax collusion claims? Same thing here) between any hoax "plotter" and any member of the Trump "team", which could include some low level person that Trump was completely unaware of...like an Alexander Vindman type.

In this case, as has been long established, the sole authority for determining the status of classified documents is the President.

What Levene and his Legion of Schiff-ty's are seeking is ANOTHER constitutional carveout where that rule applies to every President except Trump and they are going to do it with their transparent process "crime" whereby the documents only had to "marked classified".

Neat little Weissman/Lawfare workaround which any real court would toss out on upon first blush.

But we all know that our Lawfare "amigos" know that it will be a completely corrupted DC Judge who will do whatever it takes to service New Soviet Democratical Party needs...followed by a New Soviet Democratical DC "jury" which "weighs the "evidence"' (LOL) before rendering their Alice in Wonderland Queen of Hearts "verdict".

Douglas B. Levene said...

@Tim: What started the grand jury’s investigation was Trump’s obdurate refusal to return the documents that the archivists had been politely asking him to return for months. If you want to twist that into him being persecuted, well, I can’t stop you.

Douglas B. Levene said...

@Drago: You don't seem to understand the legal difference between a charge of mishandling classified or sensitive documents and a charge of obstructing justice. In any event, the Democrats hate the idea of prosecuting Trump for obstructing justice because they think it ignores what they see as serious crimes. You hate the idea of prosecuting him for obstructing justice because he's obviously guilty and you can't think of any defense other than sticking your fingers in your ears and yelling "nanny nanny boo boo."

Dear corrupt left, go F yourselves said...

Drago- That you include your obsession with McConnell-Romney+GOPe (formerly LLR Chuck) in every post you make - including topics that do not apply to the man - is stale.

You are an obsessive Ever-Trumper troll. Sod off, swampy.

Narayanan said...

would failure cost such a Federal Prosecutor anything at all?

Narayanan said...

Enigma said...
... Back when people lived in castles,...

... sappers'd put cone-shaped bombs called petards under the walls and blow up the walls
========
Q: whence cometh the hoist in this scenario with petards?

Drago said...

HBTPFH: "Drago- That you include your obsession with McConnell-Romney+GOPe (formerly LLR Chuck) in every post you make - including topics that do not apply to the man - is stale."

Your GOPe heroes just hand delivered the biggest sellout of the republican base, on top of all their other sellouts, to the democraticals just this week.

You're going to be hearing alot more about it which pisses you off to no end since all you want to do is sit around all day and whine about Trump.

You are an embarrassing little obsequious McConnell-tard mouse so you are just going to have to find a way to toughen up a bit. If it makes you feel better, and I'm sure it will, McConnell just announced his full support, as in Murkowski-like support, for the reelection campaign of another of your GOPe heroes: Mitt Romney!

Congratulations! It's a big week for you guys! And next week comes the immigration sell out!

Drago said...

Douglas B. Levene: "@Drago: You don't seem to understand the legal difference between a charge of mishandling classified or sensitive documents and a charge of obstructing justice."

I understand completely what you Lawfare types are attempting to do and have been doing for years now.

You can twist the "law" all you'd like for your fake "process crime" which you know will hold up before a kangaroo DC judge in a Kafkaesque New Soviet Democratical courtroom, but that's all you've got.