As you know, yesterday the Supreme Court refused to keep Trump’s tax records secret any longer; they will finally be turned over to New York prosecutors who are investigation Trump and his businesses. The New York Times: Supreme Court Denies Trump’s Final Bid to Block Release of Tax Returns.
The Supreme Court on Monday rejected a last-ditch attempt by former President Donald J. Trump to shield his financial records, issuing a brief, unsigned order that ended Mr. Trump’s bitter 18-month battle to stop prosecutors in Manhattan from poring over his tax returns as they investigate possible financial crimes.
The court’s order was a decisive defeat for Mr. Trump, who had gone to extraordinary lengths to keep his tax returns and related documents secret, taking his case to the Supreme Court twice. There were no dissents noted.
From the start, Mr. Trump’s battle to keep his returns under wraps had tested the scope and limits of presidential power. Last summer, the justices rejected Mr. Trump’s argument that state prosecutors cannot investigate a sitting president, ruling that no citizen was above “the common duty to produce evidence.” This time, the court denied Mr. Trump’s emergency request to block a subpoena for his records, effectively ending the case.
The ruling is also a big victory for the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat. He will now have access to eight years’ worth of Mr. Trump’s personal and corporate tax returns, as well as other financial records that Mr. Vance’s investigators view as vital to their inquiry into whether the former president and his company manipulated property values to obtain bank loans and tax benefits….
Prosecutors in Manhattan now face a monumental task. Dozens of investigators and forensic accountants will have to sift through millions of pages of financial documents. Mr. Vance has brought in an outside consulting firm and a former federal prosecutor with significant experience in white-collar and organized crime cases to drill down into the arcana of commercial real estate and tax strategies.
The Supreme Court’s order set in motion a series of events that could lead to the startling possibility of a criminal trial of a former U.S. president. At a minimum, the ruling wrests from Mr. Trump control of his most closely held financial records and the power to decide when, if ever, they would be made available for public inspection.
The New York Times last year provided more or less a preview of what awaits Mr. Vance, when it obtained and analyzed decades of income tax data for Mr. Trump and his companies. The tax records provide an unprecedented and highly detailed look at the byzantine world of Mr. Trump’s finances, which for years he has simultaneously bragged about and sought to keep secret.
The Times’s examination showed that the former president reported hundreds of millions of dollars in business losses, went years without paying federal income taxes and faces an Internal Revenue Service audit of a $72.9 million tax refund he claimed a decade ago.
Among other things, the records revealed that Mr. Trump had paid just $750 in federal income taxes in his first year as president and no income taxes at all in 10 of the previous 15 years. They also showed he had written off $26 million in “consulting fees” as a business expense between 2010 and 2018, some of which appear to have been paid to his older daughter, Ivanka Trump, while she was a salaried employee of the Trump Organization.
The legitimacy of the fees, which reduced Mr. Trump’s taxable income, has since become a subject of Mr. Vance’s investigation, as well as a separate civil inquiry by Letitia James, the New York attorney general….
The tax returns represent a self-reported accounting of revenues and expenses, and often lack the specificity required to know, for instance, if legal costs related to hush-money payments were claimed as a tax write-off, or if money from Russia ever moved through Mr. Trump’s bank accounts. The absence of that level of detail underscores the potential value of other records that Mr. Vance won access to with Monday’s Supreme Court decision.
In addition to the tax returns, Mr. Trump’s accountants, Mazars USA, must also produce business records on which those returns are based and communications with the Trump Organization. Such material could provide important context and background to decisions that Mr. Trump or his accountants made when preparing to file taxes.
John D. Fort, a former chief of the I.R.S. criminal investigation division, said tax returns were a useful tool for uncovering leads, but could only be fully understood with additional financial information obtained elsewhere.
“It’s a very key personal financial document, but it’s just one piece of the puzzle,” said Mr. Fort, a C.P.A. and the director of investigations with Kostelanetz & Fink in Washington. “What you find in the return will need to be followed up on with interviews and subpoenas.”
NYT investigative reporter Suzanne Craig posted a thread with links to more stories about possible criminal activities by the Trump crime family.
3. Trump's taxes don't show hush-money payments to women. However, investigators should be able to get their hands on additional documents, which will show whether any payments were buried in an area like legal fees, which are not itemized on tax returns. https://t.co/mmhl1MV0xX
5. What happened in Las Vegas? In 2016 Donald Trump engineered a windfall for himself as his campaign funds dwindled. Here I would want to see the agreements he has claimed underpin the payments he got – and any communications he had with his accountants. https://t.co/WR1BzMmHOQ
In a statement on “The Continuing Political Persecution of President Donald J. Trump,” Trump rants that he is the victim of “the greatest political Witch Hunt in the history of our Country.” Referring to the case the court ruled on, which concerns a subpoena of Trump’s accountants by Manhattan district attorney Cyrus Vance, who has opened a criminal investigation into the ex-president, Trump says, “This is something which has never happened to a President before,” naturally failing to mention the fact that, among past POTUSes, only Trump has a reputation as a notorious con man. Nevertheless, he incomprehensibly continues:
“[This] is all Democrat-inspired in a totally Democrat location, New York City and State, completely controlled and dominated by a heavily reported enemy of mine, Governor Andrew Cuomo. These are attacks by Democrats willing to do anything to stop the almost 75 million people (the most votes, by far, ever gotten by a sitting president) who voted for me in the election—an election which many people, and experts, feel that I won. I agree!
The new phenomenon of “headhunting” prosecutors and AGs—who try to take down their political opponents using the law as a weapon—is a threat to the very foundation of our liberty. That’s what is done in third world countries. Even worse are those who run for prosecutorial or attorney general offices in far-left states and jurisdictions pledging to take out a political opponent. That’s fascism, not justice—and that is exactly what they are trying to do with respect to me, except that the people of our Country won’t stand for it. In the meantime, murders and violent crime are up in New York City by record numbers, and nothing is done about it. Our elected officials don’t care. All they focus on is the persecution of President Donald J. Trump. I will fight on, just as I have, for the last five years (even before I was successfully elected), despite all of the election crimes that were committed against me. We will win!”
So, just to reiterate, Trump—a person who incited a violent riot in the hopes of overturning the election—believes that crimes have been committed against him, and, despite the fact that he literally tried to use the Justice Department to investigate enemies, that he is the victim of political “persecution.”
Donald Trump’s yearslong quest to prevent the public, Congress, or law-enforcement officials from seeing his tax statements came to a resounding end with a unanimous Supreme Court ruling. He did not take the defeat in stride. Instead, the former president released a statement that, even by Trumpian standards, brims with anger.
Trump’s response bears every hallmark of an authentically Trump-authored text, as opposed to the knockoff versions produced by his aides. It is meandering, filled with run-on sentences, gratuitous insults, and exclamation points. Trump’s position on the tax returns rests on a series of assertions, ranging from his false claim that Robert Mueller found “No Collusion” to his insistence that he actually won the 2020 election to his extremely ironic complaint that prosecutors targeting their political opponents is “fascism, not justice.” (Trump, of course, spent his presidency publicly demanding his Attorneys General investigate his political rivals.)
The statement does contain one unambiguously true point: “This is something which has never happened to a president before.” That’s correct, because every president for the past several decades has voluntarily released his financial information. Only Trump refused….
His outpouring of rage that Manhattan district attorney Cyrus Vance will finally have access to his financial documents suggests the only plausible reason for Trump’s evident dismay: He is very scared of being charged with crimes.
We’ve reached the end of another week in the post-Trump era, and we continue to deal with crises that developed and worsened during the monster’s regime. It’s clear that it will take a long time to recover–if recovery is even possible. On the plus side, it’s great to have a normal president again–a person with empathy and compassion–and a caring, engaged first lady, and White House pets!
Republicans are struggling to persuade voters to oppose President Biden’s $1.9 trillion economic rescue plan, which enjoys strong, bipartisan support nationwide even as it is moving through Congress with just Democratic backing.
Democrats who control the House are preparing to approve the package by the end of next week, with the Senate aiming to soon follow with its own party-line vote before unemployment benefits are set to lapse in mid-March. On Friday, the House Budget Committee unveiled the nearly 600-page text for the proposal, which includes billions of dollars for unemployment benefits, small businesses and stimulus checks.
Republican leaders, searching for a way to derail the proposal, on Friday led a final attempt to tarnish the package, labeling it a “payoff to progressives.” The bill, they said, spends too much and includes a liberal wish list of programs like aid to state and local governments — which they call a “blue state bailout,” though many states facing shortfalls are controlled by Republicans — and increased benefits for the unemployed, which they argued would discourage people from looking for work.
Out in the real world, even Republican voters support the relief bill.
More than 7 in 10 Americans now back Mr. Biden’s aid package, according to new polling from the online research firm SurveyMonkey for The New York Times. That includes support from three-quarters of independent voters, 2 in 5 Republicans and nearly all Democrats. The overall support for the bill is even larger than the substantial majority of voters who said in January that they favored an end-of-year economic aid bill signed into law by President Donald J. Trump.
While Mr. Biden has encouraged Republican lawmakers to get on board with his package, Democrats are moving their bill through Congress using a parliamentary process that will allow them to pass it with only Democratic votes.
“Critics say my plan is too big, that it cost $1.9 trillion dollars; that’s too much,” Mr. Biden said at an event on Friday. “Let me ask them, what would they have me cut?”
House Republican leaders on Friday urged their rank-and-file members to vote against the plan, billing it as Speaker Nancy Pelosi of California’s “Payoff to Progressives Act.” They detailed more than a dozen objections to the bill, including “a third round of stimulus checks costing more than $422 billion, which will include households that have experienced little or no financial loss during the pandemic.” Ms. Pelosi’s office issued its own rebuttal soon after, declaring “Americans need help. House Republicans don’t care.”
The Manhattan District Attorney’s Office has subpoenaed a New York City property tax agency as part of a criminal investigation into Donald Trump’s company, the agency confirmed on Friday, suggesting prosecutors are examining the former president’s efforts to reduce his commercial real-estate taxes for possible evidence of fraud.
The subpoena issued to the New York City Tax Commission is the latest indication that Manhattan District Attorney Cy Vance Jr. is looking at the values Trump assigned to some commercial properties in tax filings and loan documents.
Along with information already subpoenaed from creditors, the tax agency documents would help investigators determine whether Trump’s business inflated the value of his properties to secure favorable terms on loans while deflating those values to lower tax bills for those same properties….
The subpoena likely would compel the agency to provide detailed income and expense statements the Trump Organization would have filed as part of an effort to lower tax assessments on some of its commercial properties, according to people familiar with the commission’s operations. Trump’s holdings include Trump Tower and Trump Plaza.
Those filings typically would include valuations submitted by the company to challenge the market values assigned to Trump’s property by the city’s tax assessors, they added.
Subpoenas also have been issued to at least two creditors that helped finance Trump’s real-estate holdings, Deutsche Bank AG and Ladder Capital Finance LLC, Reuters has previously reported.
The Federal investigation into the January 6 insurrection is continuing to heat up.
The Justice Department and FBI are investigating whether high-profile right-wing figures — including Roger Stone and Alex Jones — may have played a role in the Jan. 6 Capitol breach as part of a broader look into the mind-set of those who committed violence and their apparent paths to radicalization, according to people familiar with the investigation.
The investigation into potential ties between key figures in the riot and those who promoted former president Donald Trump’s false assertions that the election was stolen from him does not mean those who may have influenced rioters will face criminal charges, particularly given U.S. case law surrounding incitement and free speech, the people said. Officials at this stage said they are principally seeking to understand what the rioters were thinking — and who may have influenced beliefs — which could be critical to showing their intentions at trial.
However, investigators also want to determine whether anyone who influenced them bears enough responsibility to justify potential criminal charges, such as conspiracy or aiding the effort, the officials said. That prospect is still distant and uncertain, they emphasized.
Nevertheless, while Trump’s impeachment trial focused on the degree of his culpability for the violence, this facet of the case shows investigators’ ongoing interest in other individuals who never set foot in the Capitol but may have played an outsized role in what happened there through their influence, networks or action.
“We are investigating potential ties between those physically involved in the attack on the Capitol and individuals who may have influenced them, such as Roger Stone, Alex Jones and [Stop the Steal organizer] Ali Alexander,” said a U.S. official, who, like others, spoke on the condition of anonymity to discuss a pending matter.
U.S. authorities on Friday alleged a broader conspiracy by Oath Keepers to attack the U.S. Capitol on Jan. 6, charging six new individuals who appeared to be members or associates of the right-wing group.
One self-described leader in the group, which recruits among military and law enforcement, sent a Facebook message claiming at least 50 to 100 Oath Keepers planned to travel to D.C. with him on Jan. 6 and that they would “make it wild,” echoing a comment President Donald Trump made on Twitter rallying supporters to the Capitol.
A 21-page indictment alleged that the defendants “did knowingly combine, conspire, confederate, and agree with each other and others known and unknown” to force entry to the Capitol and obstruct Congress from certifying the election of Joe Biden as president in riots that led to five deaths and assaults on 139 police.
The nine-person indictment named three already charged military veterans — Jessica Marie Watkins, 38, and Donovan Ray Crowl, 50, both of Woodstock, Ohio; and Thomas E. Caldwell, 66, of Berryville, Va. The six new defendants include siblings Graydon Young, 54, of Englewood, Fla., and Laura Steele, of Thomasville, N.C. It also includes married couples Kelly and Connie Meggs, 52 and 59, of Dunnellon, Fla.; and Bennie and Sandra Parker, 70 and 60, of the Cincinnati area.
Bruno Cua, an 18-year-old from Milton, Georgia, was already facing serious charges when he was arrested on Feb. 6 in connection with the insurrection at the US Capitol a month earlier. He was accused not only of illegally entering the Capitol but also of assaulting police and of obstructing Congress’s efforts to certify the presidential election, which are felony crimes.
But it only got worse for Cua when a federal grand jury in Washington, DC, returned an indictment four days later. On top of the original set of charges, the grand jury bumped up misdemeanor counts he’d faced for entering the Capitol to felonies, citing evidence that he’d carried a “deadly and dangerous weapon” — in his case, a baton. The addition of a “weapons enhancement” meant the maximum sentence he faced for those counts jumped tenfold, from one year in prison to 10.
Cua is one of a growing number of defendants charged in the insurrection seeing their felony counts — and potential prison time — stack up as the investigation presses on. Other defendants only charged with misdemeanors when they were arrested are now facing felonies post-indictment. Acting US Attorney Michael Sherwin in Washington had told reporters one week after the assault on the Capitol that the early rounds of arrests on misdemeanor charges were “only the beginning,” and promised more “significant charges” once prosecutors took these cases before a grand jury. New court documents in cases such as Cua’s show how that’s taking shape.
Of the more than 230 people charged to date, at least 70 are now facing a minimum of one felony count — the most common is obstruction of Congress, which has a maximum penalty of 20 years in prison. More than 30 are charged with assaulting or interfering with law enforcement officers, and at least 14 are charged with carrying or using a weapon that day. Weapons identified in the government’s court filings so far have included knives, Tasers, a hockey stick, a large metal pipe, baseball bats, fire extinguishers, and batons.
Now that Trump is gone, the Feds are admitting how dangerous right-wing extremism is.
The U.S. government is acknowledging for the first time that right-wing extremists were responsible for the majority of fatal domestic terrorist attacks last year, according to an internal report circulated by the Department of Homeland Security last week and obtained by Yahoo News.
A review of last year’s domestic terrorist incidents by a DHS fusion center — which shares threat-related information between federal, state and local partners — found that although civil unrest and antigovernment violence were associated with “non-affiliated, right-wing and left-wing actors, right-wing [domestic violent extremists] were responsible for the majority of fatal attacks in the Homeland in 2020.”
The report, produced by the Joint Regional Intelligence Center, a DHS-funded fusion center, was sent out to police and law enforcement agencies nationwide as part of an intelligence-sharing system created after the 9/11 attacks.
While independent think tanks and outside groups have been pointing to the rise in ring-wing violence for some time, this appears to be the first known instance of an official government or law enforcement agency clearly acknowledging the trend, though senior officials have noted the rise in white supremacist attacks. The report also comes not long after the end of the Trump administration, which was criticized for downplaying right-wing violence.
So . . . lots happening this weekend. I’ll add more stories in the comment thread. What’s on your mind today?
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Yesterday after the Trump lawyers in the impeachment trial presented their pathetic defense of Trump’s January 6, 2020 coup attempt, details about a phone call between Trump and GOP House leader Kevin McCarthy began getting a lot of attention. The facts had actually been available for some time in the Longview, Washington Daily News, but hadn’t broken through in major media outlets until CNN broke this story yesterday: New details about Trump-McCarthy shouting match show Trump refused to call off the rioters.
In an expletive-laced phone call with House Republican leader Kevin McCarthy while the Capitol was under attack, then-President Donald Trump said the rioters cared more about the election results than McCarthy did.
“Well, Kevin, I guess these people are more upset about the election than you are,” Trump said, according to lawmakers who were briefed on the call afterward by McCarthy.
McCarthy insisted that the rioters were Trump’s supporters and begged Trump to call them off.
Judith Leyster, Two Children with a Cat
Trump’s comment set off what Republican lawmakers familiar with the call described as a shouting match between the two men. A furious McCarthy told the then-President the rioters were breaking into his office through the windows, and asked Trump, “Who the f–k do you think you are talking to?” according to a Republican lawmaker familiar with the call.
The newly revealed details of the call, described to CNN by multiple Republicans briefed on it, provide critical insight into the President’s state of mind as rioters were overrunning the Capitol. The existence of the call and some of its details were first reported by Punchbowl News and discussed publicly by McCarthy.
The Republican members of Congress said the exchange showed Trump had no intention of calling off the rioters even as lawmakers were pleading with him to intervene. Several said it amounted to a dereliction of his presidential duty.
Washington Rep. Jaime Herrera Beutler was one of the Republicans who voted to impeach Trump, based on what she had learned about the phone call. From the Longview Daily News story linked above:
In a Friday interview with The Daily News, she said the events of Jan. 6 determined her course of action for the following week. Hiding with colleagues from the violent mob that was ransacking the U.S. Capitol on that day, she told how she was flooded with emotions.
“I was heartbroken. I was aghast. I was in disbelief,” she recalled. “I was praying. I was like, ‘We’ve got some pretty big angels, a couple of big angels, and we’re fine.’ Just knowing how badly outnumbered everybody was at that point, and how beaten everybody was, the fact that there wasn’t a mass casualty event to me just demonstrates, I feel like, I do think God, I do think God intervened.”
“When I look at the picture of the Capitol police officer on his face, with the crowd standing over him, or of someone being bludgeoned to death, I cannot express to you the feeling inside that says, ‘I will stand up to that any day of the week and twice on Sunday,’ ” she said.
Woman with a cat, Il Bacchiacca
“To me that’s what my vote represents. I will not tolerate that and nor will, I believe, a majority of the good people in my district, in our state and in our country.” [….]
On the House floor Jan. 13, Herrera Beutler said:
“I’m not afraid of losing my job, but I am afraid that my country will fail. I’m afraid that patriots of this country have died in vain. I’m afraid that my children won’t grow up in a free country. I’m afraid injustice will prevail.
“My vote to impeach our sitting president is not a fear-based decision. I am not choosing a side – I am choosing truth, she said. “It’s the only way to defeat fear.”
Sen. Tommy Tuberville, R-Ala., stood by his account of former President Donald Trump’s phone call to him during Jan. 6 riot at the U.S. Capitol despite Trump’s lawyers calling the account “hearsay.”
Tuberville’s account would mean Trump was aware of the danger Vice President Mike Pence faced before he tweeted an attack on Pence. Asked about the allegation by reporters, Tuberville said he was not sure exactly what time Trump called, but reiterated he had talked to Trump by phone on Jan. 6 and had told the president Pence was evacuated from the Senate chamber.
Tuberville recounted answering the phone, talking briefly to Trump, and then telling him, “Mr. President, they’ve taken the vice president out. They want me to get off the phone, I gotta go.” [….]
Sen. Bill Cassidy, R-La., asked Trump’s lawyers for greater clarity on the call but said Trump’s lawyers had “not really” answered his question.
Trump’s attorney Michael van der Veen had responded to Cassidy’s question by saying he disputed the “premise” of Cassidy’s question and called Tuberville’s account “hearsay.”
But the Secret Service would have informed Trump.
I worked with the Secret Service in the Clinton White House. It's unimaginable that agents with VP Pence would not have informed their counterparts at the WH in real time that VP was in danger. They, in turn, would have informed the President. Trump almost certainly knew.
Let me clarify – it is incredibly rare for a Secret Service protected principal to be in imminent physical danger.
As as soon as the decision to move Pence was made, security around Trump would have been bolstered, the President immediately informed. He knew immediately.
Hiding from the rioters in a secret location away from the Capitol, House Minority Leader Kevin McCarthy (R-Calif.) appealed to Jared Kushner, President Trump’s son-in-law and senior adviser. Sen. Lindsey O. Graham (R-S.C.) phoned Ivanka Trump, the president’s daughter.
Studies for Madonna with a cat, Leonardo Da Vinci
And Kellyanne Conway, a longtime Trump confidante and former White House senior adviser, called an aide who she knew was standing at the president’s side.
But as senators and House members trapped inside the U.S. Capitol on Wednesday begged for immediate help during the siege, they struggled to get through to the president, who — safely ensconced in the West Wing — was too busy watching fiery TV images of the crisis unfolding around them to act or even bother to hear their pleas.
“He was hard to reach, and you know why? Because it was live TV,” said one close Trump adviser. “If it’s TiVo, he just hits pause and takes the calls. If it’s live TV, he watches it, and he was just watching it all unfold.”
Even as he did so, Trump did not move to act. And the message from those around him — that he needed to call off the angry mob he had egged on just hours earlier, or lives could be lost — was one to which he was not initially receptive….
Trump ultimately — and begrudgingly — urged his supporters to “go home in peace.” But the six hours between when the Capitol was breached shortly before 2 p.m. Wednesday afternoon and when it was finally declared secure around 8 p.m. that evening reveal a president paralyzed — more passive viewer than resolute leader, repeatedly failing to perform even the basic duties of his job.
It’s absolutely clear at this point that Trump deliberately aided the insurrectionists and knowingly put his own Vice President and members of Congress and their staffs in danger. Now House managers are face pressure to call witnesses in the trial, which they still can do. Greg Sargent writes:
Peter Paul Rubens, Detail from Annunciation,
Evidence is mounting that Donald Trump knew Mike Pence was in grave danger from the mob rampaging into the Capitol when the then-president sent out a tweet blasting his vice president.
During the Jan. 6 assault, Trump tweet-slammed Pence for lacking the “courage” to overturn the election, which further infuriated the insurrectionists. Trump essentially pointed the mob like a loaded gun at Pence — and newly unearthed facts suggest Trump may have understood what he was doing in exactly these terms.
These new circumstances hand Democrats one last big weapon to wield against Trump at his impeachment trial. They also impose on them an obligation.
Specifically, the impeachment managers can still call witnesses. And the case for this has gotten stronger, now that we are so close to showing that Trump may have knowingly endangered Pence’s life.
Read the rest at the WaPo.
Sen. Sheldon Whitehouse is calling for witnesses in the trial.
A review of Trump’s abominable lawyers in which the authors did not yet know about evident lies. Pretty damning stuff, even without that. https://t.co/rTZgUqOcOb
One way to clear it up? Suspend trial to depose McCarthy and Tuberville under oath and get facts. Ask Secret Service to produce for review comms back to White House re VP Pence safety during siege. What did Trump know, and when did he know it?
Yesterday Dakinikat posted one of those typical Politico “both-sidesy” “Democrats in disarray” articles about second Trump impeachment trial, which begins today. Supposedly Democrats are torn about whether they should go all out to convict trump or just give up because the whole thing is a “lost cause.” Why call witnesses and make a big scene when Republicans hold all the cards anyway? Of course Politico ignores the fact that a clear majority of Americans support conviction. CBS News:
As former President Trump’s second impeachment trial begins, a 56%-majority of Americans would like the Senate to vote to convict him, and the same percentage say he encouraged violence at the Capitol — views that are still somewhat linked to Americans’ presidential votes in 2020, reflecting ongoing partisan division.
To those in favor of conviction, this trial is described as holding Mr. Trump “accountable” and “defending democracy.” To those Americans (mostly, Republicans) opposed to it, the trial is “unnecessary” and a “distraction.”
As the impeachment curtain rises in the Senate today, with Trump being charged with “incitmdent of insurrection” for his role in the Jan. 6 attack on the U.S. Capitol, the D.C. press once again seems to think the impeachment of a Republican president poses political problems…for Democrats. It’s a strange prism through which to view the historic proceedings, as Trump becomes the first president in 240 years to be impeached twice — and in the span of just 13 months….
Overall, the press seems much more focused on the fact that Democrats likely won’t win a conviction, than they are on the swelling movement nationwide in favor of conviction. Republicans are clearly out of step with the public, but it’s Democrats who are portrayed as being boxed in and “muzzled.”
As for Republicans and the political consequences impeachment poses for them? Politico wasn’t interested, and made no suggestion that the GOP stands at the crossroads regarding Trump and the murderous mob he inspired to ransack the U.S. Capitol. The GOP, apparently, faces no impeachment fallout, only Democrats.
This is the type of coverage we saw during Trump’s impeachment last year, when news outlets flipped common sense on its head and became wed to idea that an unpopular Republican president being impeached represented a political problem for his opponents. The Washington Post insisted “hand-wringing” Democrats were “bracing” for scores of impeachment defections in the House. In the end, exactly two Democrats defected. Meanwhile, adopting Republican talking points, the New York Times reported that the first impeachment was “a political plus” for Trump, and “risky” for Democrats.
Talk about turning the tables. Back when Democrat Bill Clinton was impeached in 1999, the overriding political story was how badly would the historic proceeding damage Democrats? That, despite the fact that polling showed Americans overwhelmingly opposed the impeachment of Clinton, whose approval rating swelled into the 70’s while being persecuted by the GOP. Yet last year when it was Democrats who were doing the impeaching, and when they had the support of the public, the press assumed they’d be the ones to pay a high price. Same is true again this year.
For Democrats, it’s heads you lose, tails you lose.
Read the whole thing at the link. As the trial plays out, we need to remember that there really is no liberal media. In fact, the “savvy” DC press always works hard to find a “both-sides” narrative, no matter how bad things get for Republicans.
As the GOP contends with its future and Trump’s role in it, Democrats are seizing on the deep divisions within the Republican ranks over its right wing and seeking to define the frontline of the party by its most extreme members.
House Democrats’ campaign apparatus deployed $500,000 for an advertising campaign tethering Rep. Kevin McCarthy, R-Calif., the minority leader, and seven vulnerable House Republicans in districts President Joe Biden won last year to Georgia Rep. Marjorie Taylor Greene’s extremist rhetoric and the QAnon conspiracy theory.
The opening shot by Democrats accuses the swing district Republicans of standing “with Q, not you.
“Washington Republicans have made their choice — they chose to cave to the murderous QAnon mob that has taken over their party,” said Rep. Sean Patrick Maloney, D-N.Y., the chair of the Democratic Congressional Campaign Committee. They are “refusing to hold those responsible for the attack on the Capitol accountable, offering nothing but empty words after years of hyping up lies and conspiracy theories.”
The timeline would allow the trial to wrap up as early as next week, if both sides agree not to call witnesses.
Under the deal, the Senate will debate and vote on Tuesday on whether the trial is constitutional. The effort to declare the trial unconstitutional will fall short after Rand Paul (R-Ky.) forced a vote on the issue late last month. Forty-four GOP senators supported his effort.
Opening arguments will start on Wednesday. Under the deal, the House impeachment managers and Trump’s team will have 16 hours over two days each to present their case to the Senate….
The deal also leaves the door open to calling witnesses. The House impeachment managers previously invited Trump to testify under oath, an offer his attorneys rejected. They haven’t yet said if they will try to get the Senate to call other witnesses.
Today the Senators will debate the constitutionality of trying a president who has left office. Trump’s lawyers claim that is unconstitutional, but the expert they rely on for their arguments says they are misinterpreting his scholarship.
A constitutional law professor whose work is cited extensively by former President Trump’s lawyers in their impeachment defense brief says his work has been seriously misrepresented.
In a 78-page brief filed in the U.S. Senate Monday, Trump’s lawyers rely heavily on the work of Michigan State University Professor Brian Kalt, author of the seminal article about impeachment of a former president. His work is cited 15 times in the Trump brief, often for the proposition that the Senate does not have the authority under the constitution to try an impeached ex-president.
The problem is that Kalt’s 2001 book-length law review article concluded that, on balance, the historical evidence is against Trump’s legal argument.
“The worst part is the three places where they said I said something when, in fact, I said the opposite,” Kalt said in an interview with NPR.
Trump’s lawyers argue that the Senate lacks jurisdiction because the president is already out of office, making an impeachment trial pointless. Kalt argues that impeachment is about more than removal; it’s about accountability and deterrence. “The framers worried about people abusing their power to keep themselves in office,” he adds. “The point is the timing of the conduct, not the timing of the legal proceeding.”
[D]espite the the deja-vu-ness of this been-there/done-that impeachment and the absence of a possible political death sentence, the second Trump impeachment is far more important than the first, for it ultimately is about securing and protecting the defining ideal of the United States: that this nation is a democracy that honors principle not power….
The core issue is a president jeopardizing American democracy. For the first time since the republic was born, the United States did not experience a peaceful transfer of power following a presidential election. (Yes, there’s an asterisk for the 1860 election of Abraham Lincoln that led six months later to the Civil War.) Trump spent weeks prior to the election plotting how to subvert it should he lose, and then he put his scheme in motion, pushing the big lie that massive fraud had occurred and a nefarious cabal had stolen his victory. He falsely declared victory before all the votes were counted. He and his allies refused to accept legitimate and certified results, filing frivolous lawsuits that were routinely tossed out and spreading baseless conspiracy theories. They lied—over and over—about vote tallies and supposed irregularities that did not exist. It was a psyop campaign, information warfare—similar to the covert attack waged against the 2016 election by Vladimir Putin. And evoking his infamous Ukraine phone conversation, Trump called Georgia state officials and pressured them to “find” him just enough votes to secure a victory in that state. Coercing local officials to falsify election results can be a crime.
This all happened before the seditious and murderous attack on the US Capitol on January 6. For months, Trump had waged war against the election and the American political system, seeking to discredit it so he could retain power, misleading millions of America, and exploiting paranoia, fear, and political division. His impeachable acts did not begin on the that dreadful day. “The full story is a crime story, a long crime story,” one of the House impeachment managers tells me. The attack on Congress—which aimed to overturn the election results—was the product of a lengthy stretch of disinformation and incitement.
Clerk of the House Cheryl Johnson along with acting House Sergeant-at-Arms Tim Blodgett lead the Democratic House impeachment managers as they walk through the Capitol Hill
What we’re hearing: The notoriously stingy former president and his lead lawyer, Butch Bowers, wrangled over compensation during a series of tense phone calls, sources familiar with their conversations said. The argument came even though Trump has raised over $170 million from the public that could be used on his legal defenses.
The two initially agreed Bowers would be paid $250,000 for his individual services, a figure that “delighted” Trump, one of the sources said.
However, Trump didn’t realize Bowers hadn’t included additional expenses — including more lawyers, researchers and other legal fees that would be accrued on the job.
He was said to be livid when Bowers came back to him with a total budget of $3 million. Trump called the South Carolina attorney and eventually negotiated him down to $1 million.
All of this infuriated Trump and his political team, who think the case will be straightforward, given 45 Republican senators already voted to dismiss the trial on the basis it’s unconstitutional to convict a former president on impeachment charges.
Trump’s political arm also was planning to pay separately for audiovisuals, a rapid-response team and legislative liaison.
In the end, the money dispute added to frustrations Bowers and the other lawyers felt about whether the former president’s claims of election fraud should be central to their arguments.
Castor was the district attorney of Montgomery County, Pennsylvania, from 2002 to 2008. In 2005, Castor declined to prosecute Bill Cosby when he was charged with sexually assaulting Andrea Constand. Castor said at the time that “insufficient, credible and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt,” The Washington Post reported.
Years later, after more than four dozen women had accused Cosby of sexual crimes, Castor said he’d verbally offered Cosby an immunity deal in which he declined to prosecute him in criminal court to ensure that Constand would be able to sue him in civil court.
Bruce Castor Jr.
His handling of the Cosby case is widely believed to be responsible for the failure of his reelection bid in 2015….
David Schoen, a criminal-defense lawyer in Atlanta, was a part of the Trump ally Roger Stone’s defense team during his trial on charges of witness tampering, obstructing an official proceeding, and making false statements related to the special counsel Robert Mueller’s Russia investigation.
Schoen also met with the convicted sex offender Jeffrey Epstein in the days before Epstein’s death in August 2019. Schoen has claimed that Epstein’s death was not actually a suicide.
Those two sound perfect for Trump. I wonder if he’s paying them?
Former President Donald Trump’s legal team are expected to use an argument at his impeachment trial next week that is already supported by the majority of Senate Republicans in charge of his fate: That the trial is unconstitutional because Trump is no longer the commander in chief….
While Trump’s new team says fraud isn’t at the center of their arguments, they’re not closing the door on them….
Schoen, in an interview with The Washington Post Sunday evening, offered some insight on the path forward, saying he planned to focus on the “weaponization of the impeachment process” and would not argue the president’s claims of voter fraud.
David Schoen
“I am not a person who will put forward a theory of election fraud,” Schoen told the Post. “That’s not what this impeachment trial is about.”
Schoen told Sean Hannity of Fox News on Monday night that the trial is unconstitutional and nothing more than an effort to prevent Trump from running for president again. “This is the political weaponization of the impeachment process,” he said.
Schoen also called the trial “the most ill-advised legislative action that I’ve seen in my lifetime.” [….]
The new team appears to have a two-pronged strategy: Arguing the trial is unconstitutional and that Trump’s remarks about the election did not incite the deadly riot at the Capitol.
House Democrats made their case to convict former president Donald Trump of inciting the Jan. 6 riot at the U.S. Capitol in a sweeping impeachment brief filed with the Senate on Tuesday that accused Trump of whipping his supporters into a “frenzy” and described him as “singularly responsible” for the mayhem that ensued.
In the brief, the nine House impeachment managers argue that Trump is not protected by the First Amendment’s freedom of speech provision, which was never intended, they wrote, to allow a president to “provoke lawless action if he loses at the polls.”
“If provoking an insurrectionary riot against a Joint Session of Congress after losing an election is not an impeachable offense, it is hard to imagine what would be,” the brief states.
Democrats also rejected the claim embraced by many Republicans that it is unconstitutional to convict a president after he has left office — an argument that Trump’s lawyers are expected to make in his defense.
“There is no ‘January Exception’ to impeachment or any other provision of the Constitution,” the House Democrats wrote. “A president must answer comprehensively for his conduct in office from his first day in office through his last.”
House impeachment managers
Trump is supposed to submit his response later today. It’s difficult to see how his lawyers could have had enough time to prepare careful arguments. More from the Democrat’s case:
The House Democrats wrote that Trump’s embrace of unfounded accusations that the 2020 election was stolen from him helped foment his supporters’ attack on the Capitol. When those false assertions failed to overturn the election, the Democrats wrote, Trump “summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue.”
They added: “The Framers themselves would not have hesitated to convict on these facts.”
The House impeachment managers urged senators to bar Trump from ever serving again in elected office: “This is not a case where elections alone are a sufficient safeguard against future abuse; it is the electoral process itself that President Trump attacked and that must be protected from him and anyone else who would seek to mimic his behavior. Indeed, it is difficult to imagine a case that more clearly evokes the reasons the Framers wrote a disqualification power into the Constitution.”
The brief made clear Democrats’ intention to build an emotionally compelling impeachment case against Trump in which they have sought out new cellphone footage of the Capitol siege, as well as details about injured police officers.
The goal is to present the Senate with fresh evidence that reveals what Trump knew in advance of the Jan. 6 rampage at the Capitol, as well as how his words and actions influenced those who participated. The rioting left five dead, including one member of the U.S. Capitol Police. In addition, two officers, one with the D.C. police department, have since died by suicide.
As the Senate trial of Donald Trump nears, the defense is coming into view. It appears that most Senate Republicans will not defend Mr. Trump’s conduct around the Jan. 6 Capitol siege. Instead, they will rally around an argument about the chamber’s constitutional powers and the supposedly dangerous consequences for our politics if the Senate tries a “late impeachment.”
This argument is built on two closely connected representations, and Senator Rand Paul previewed them in his recent constitutional objection to “late impeachment.”
The first, in Mr. Paul’s words, is that “impeachment is a tool to remove someone from office. That’s it.” The Senate lacks the power to try an impeached president, once out of office, to determine if he is guilty of the charges the House has levied against him.
The second, Mr. Paul and others argued, is that Mr. Trump is now a “private citizen,” and so any action against him could serve no purpose other than revenge….
Bob Bauer
This Republican argument wholly misconstrues the text, history and structure of the Constitution’s impeachment clause. It is a mistake to minimize impeachment’s broader objectives by suggesting that removal from office was somehow its only or primary function.
The power to impeach specifically provides for two decisions: impeachment and conviction, resulting in removal, and then disqualification from holding office. As drawn from the English practice, and reflected in state constitutions at the time, both these actions were understood to serve the overall purpose of public accountability for egregious abuses of public office.
Indeed, several state constitutions at the time of the federal Constitution’s writing permitted impeachment only after public figures had left office. Public accountability and disqualification were the purposes of impeachment; the Constitution’s addition of removal from office was an expansion on these provisions.
The argument focused on Mr. Trump’s status as a former president is misguided and dangerous. When impeached, he was in office. Moreover, it is highly doubtful that the framers intended the impeachment clause to give the president free rein to commit impeachable offenses in the closing months of his term.
In any case, the Senate always decides on disqualification after the offender is a “private citizen,” since that is what he becomes upon conviction of an impeachable offense. The Constitution does not even specify that this second vote on disqualfication must be immediate. The Senate could vote weeks later, after deliberation and debate, well into the former president’s “private” life.
Still more fundamental: This “late impeachment” argument fails to grasp the constitutional framework within which the question must be considered. The Federalist Papers made plain the framers’ preoccupation with protections against the demagogue, the “unworthy candidate” of “perverted ambition” who practices “with success the vicious arts, by which elections are too often carried.” The provision for “disqualification to hold and enjoy any office of honor, trust or profit” was one of many instances of constitutional checks against popular passions that could lead to the election of officeholders who would threaten to subvert the Republic.
Read the rest at the link. I imagine the impeachment managers will read this article carefully.
So, that’s what we know so far about the impeachment trial. I’ll post more news links in the comment thread below. There’s a lot happening.
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