Members of the Houses Jan. 6 committee are apparently split over whether to refer Donald Trump to the Justice Department, even though many if not all of the committee members appear to have concluded that the former president engaged in a criminal conspiracy.
Its absolutely clear that what President Trump was doing what a number of people around him were doing that they knew it was unlawful, Vice Chair Liz Cheney, R-Wyo., said last weekend. They did it anyway. (Trump of course denies he has done anything wrong.)
There doesnt seem to be much doubt among the committee members about whether Trump committed federal crimes.
Indeed, the committee made that case in federal court recently, when it argued in a filing that it has a good-faith basis for concluding that the President and members of his Campaign engaged in a criminal conspiracy to defraud the United States.
The evidence was enough to convince U.S. District Judge David Carter, who wrote that the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.
Referring to Trumps legal henchman John Eastman as part of a civil lawsuit seeking to block the House committee from obtaining big lie-related emails sent from and to Eastman, Carter wrote: Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history.
Their campaign was not confined to the ivory tower it was a coup in search of a legal theory, the judge continued. The plan spurred violent attacks on the seat of our nations government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.
Despite all of this, members of the select committee probing the Capitol insurrection are reportedly worried that actually making a criminal referral might not be prudent. According to The New York Times, some members worry that even a largely symbolic referral would backfire by politically tainting the Justice Departments expanding investigation into the Jan. 6 assault and what led up to it.
You may have seen this movie before. Again and again during Trumps campaign, his presidency and now his post-presidency weve seen responsible figures determine that something must be done about Trumps behavior. And then, inevitably, they decide to let someone else do it.
Theyve rationalized their timidity as political prudence, but the result has been a pandemic of buck-passing.
In the 2016 campaign, Trumps Republican rivals mostly refused to take him on until it was too late, all the while hoping that someone else would do the hard work for them. After his election, congressional Republicans fell into line. They rationalized that appeasement as a matter of tactical savvy. I told myself I gotta have a relationship with this guy to help him get his mind right, former House Speaker Paul Ryan, R-Wis., told political reporter Tim Alberta.
And we saw the same pattern with Roberts Mueller probe, which documented Trumps obstruction of justice at great length but declined to recommend either impeachment or criminal indictment.
To the end, though, Mueller hoped that someone else would take action. During congressional hearings, he was asked point-blank by lawmakers, "Could you charge the president with a crime after he left office?"
And Mueller responded with an unequivocal "yes." He also specifically affirmed that the president could be charged with obstruction of justice after leaving office.
But that never happened.
Like other establishment figures who were rolled over by Trump, Mueller was held hostage by his excessive faith in guardrails.
In the end, as Andrew Weissmann, a member of Muellers team, wrote in his inside account, Where Law Ends, Mueller was so worried about overstepping his role that he opted instead to issue a mealy-mouthed report that documented all the ways Trump had obstructed justice but refused to do much of anything about it.
Like other establishment figures who were rolled over by Trump, Mueller was held hostage by his excessive faith in guardrails, institutional integrity and the virtues of staying in ones lane.
They brought cucumber sandwiches to a gunfight, and the outcome was never in doubt.
Even after Jan. 6, members of Trumps own party continued to engage in wish-casting. Senate GOP leader Mitch McConnell of Kentucky declared: "There is no question, none, that President Trump is practically and morally responsible for provoking the events of the day.
"A mob was assaulting the Capitol in his name," he said. "These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."
But McConnell voted against a Senate impeachment conviction, because, he argued, Congress had no power to convict and disqualify a former officeholder who is now a private citizen.
Once again, he held out hope somebody else might hold Trump accountable. President Trump, insisted McConnell, is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations is run, still liable for everything he did while in office, didn't get away with anything yet yet. But that was more than a year ago, and no one else has taken action.
So now it is up the select committee and the Justice Department, which both seem to be caught in a cycle of hand-wringing. They worry about the taint of a referral and agonize over fears that Trump and the GOP will discredit any investigation as a partisan witch hunt.
But heres a reality check: No matter what they do, no matter how cautiously they act, Trump will react with bad faith and demagoguery.
The Justice Department could hire an avatar of respectability and integrity to handle the prosecution (see: Robert Mueller) and it wouldnt matter. Whatever it does, Trump will let loose the dogs of disinformation, deceit and obstruction.
Knowing it cant control the reaction, maybe the select committee should just do the right thing and finally, finally end the cycle of timidity, self-deterrence and buck-passing.
Originally posted here:
Trump should be charged for Jan 6. Don't let the House pass the buck. - MSNBC
- 'Donald Trump Did This': How to Beat MAGA on Border Security - The Bulwark - April 29th, 2024 [April 29th, 2024]
- Potential Trump running mate JD Vance and Donald Trump Jr. have become so close that they text or talk on a 'nearly ... - Business Insider - April 29th, 2024 [April 29th, 2024]
- Trump Second Term: How the World and U.S. Allies Can Prepare for the Election - Foreign Policy - April 29th, 2024 [April 29th, 2024]
- Poll: Biden and Trump supporters sharply divided by the media they consume - NBC News - April 29th, 2024 [April 29th, 2024]
- Master Calendar of Trump Court Dates: Criminal and Civil Cases - Just Security - April 29th, 2024 [April 29th, 2024]
- Donald Trump's Sleepy, Sleazy Criminal Trial - The New Yorker - April 29th, 2024 [April 29th, 2024]
- Trump, GOP seize on campus protests to depict chaos under Biden - The Washington Post - April 29th, 2024 [April 29th, 2024]
- UK briefing: How Donald Trump plans to survive hush money trial with his campaign intact newsletter - The Guardian - April 29th, 2024 [April 29th, 2024]
- Opinion | We Are Talking About the Manhattan Case Against Trump All Wrong - The New York Times - April 29th, 2024 [April 29th, 2024]
- Election 2024: Biden jokes, Trump still leads and updates from the Sunday shows. - The New York Times - April 29th, 2024 [April 29th, 2024]
- Donald Trump Pans White House Correspondents' Dinner: 'Colin Jost BOMBED' - The Daily Beast - April 29th, 2024 [April 29th, 2024]
- Trump's Trial Could Bring a Rarity: Consequences for His Words - The New York Times - April 29th, 2024 [April 29th, 2024]
- Donald Trump Bemoans Really Bad WHCD, Biden & Colin Jost After All Mock Much Indicted Ex-POTUS - Deadline - April 29th, 2024 [April 29th, 2024]
- The Supreme Court's epic failure in dealing with Trump's cases - The Hill - April 29th, 2024 [April 29th, 2024]
- Donald Trump: In America's most important swing state, a key Biden group wants to hand the presidency to Trump. - Slate - April 29th, 2024 [April 29th, 2024]
- Donald Trump Is Being Ritually Humiliated in Court - The New Yorker - April 29th, 2024 [April 29th, 2024]
- Joe Biden trails Donald Trump in new national poll on 2024 election - USA TODAY - April 29th, 2024 [April 29th, 2024]
- Amid Cases on Abortion and Trump, Roberts Reflects on Supreme Court's Work - The New York Times - April 29th, 2024 [April 29th, 2024]
- Donald Trump Is Used to the Finer Things in Life. At the Courthouse, 'He's Miserable.' - The Wall Street Journal - April 29th, 2024 [April 29th, 2024]
- How Trumps Rhetoric at Rallies Has Escalated - The New York Times - April 29th, 2024 [April 29th, 2024]
- The Supreme Court Appears Poised to Protect the Presidencyand Donald Trump - The New Yorker - April 29th, 2024 [April 29th, 2024]
- The Supreme Court seems divided over Donald Trump's immunity - The Economist - April 29th, 2024 [April 29th, 2024]
- John Dean Says 1 Thing 'Keeping Me On The Edge Of My Seat' In Trump Trial - Yahoo! Voices - April 29th, 2024 [April 29th, 2024]
- Five Moments That Have Defined Donald Trump's Trial So Far - The New York Times - April 29th, 2024 [April 29th, 2024]
- How Trumps trial is playing, politically - The Washington Post - April 29th, 2024 [April 29th, 2024]
- Opinion | The Ukraine aid vote helps, but U.S. allies complacency would be unwise - The Washington Post - April 29th, 2024 [April 29th, 2024]
- Hey, SCOTUS your hypocrisy is showing - The Hill - April 29th, 2024 [April 29th, 2024]
- Bill Barr Is Happy to Debase Himself for Donald Trump Again Mother Jones - Mother Jones - April 29th, 2024 [April 29th, 2024]
- The Supreme Court is likely to place Donald Trump above the law in its immunity case - Vox.com - April 29th, 2024 [April 29th, 2024]
- RFK is openly gunning for Trump voters now and Republicans are starting to worry - Salon - April 29th, 2024 [April 29th, 2024]
- Trump Pushes Immigration Conspiracy Theories and Mass Deportations - The New York Times - February 5th, 2024 [February 5th, 2024]
- Nikki Haley makes surprise appearance on SNL, mocking Donald Trump and Joe Biden - NPR - February 5th, 2024 [February 5th, 2024]
- Trump feud with UAW reaches fever pitch - The Hill - February 5th, 2024 [February 5th, 2024]
- Donald Trump tightens his grip on GOP, bolsters ties with Mike Johnson - USA TODAY - February 5th, 2024 [February 5th, 2024]
- 1/31/24 - 2024 Matchups: Biden Opens Up Lead Over Trump In Head-To-Head, Quinnipiac University National Poll ... - Quinnipiac University Poll - February 5th, 2024 [February 5th, 2024]
- Here's how 2 sentences in the Constitution rose from obscurity to ensnare Donald Trump - Yahoo News - February 5th, 2024 [February 5th, 2024]
- Donald Trump floats tariff of more than 60% on imports from China and denies it would start a trade war - Fortune - February 5th, 2024 [February 5th, 2024]
- Jeffries on House Republicans: Wholly owned subsidiaries of Donald Trump - The Hill - February 5th, 2024 [February 5th, 2024]
- Ex-DOJ Official Says He's 'Now At The Freakout Stage' Over 1 Donald Trump Case - Yahoo News - February 5th, 2024 [February 5th, 2024]
- Nikki Haley to GOP: Let's wait to see if Donald Trump is convicted - USA TODAY - February 5th, 2024 [February 5th, 2024]
- Why Supreme Court appeal will be no 'open mic night' for Donald Trump - USA TODAY - February 5th, 2024 [February 5th, 2024]
- Nikki Haley hits Donald Trump during 'SNL' sketch ahead of SC primary - USA TODAY - February 5th, 2024 [February 5th, 2024]
- Donald Trump's legal fees are draining his campaign funds - The Economist - February 5th, 2024 [February 5th, 2024]
- Donald Trump Mentions These Names When Asked About Vice Presidential Picks - NDTV - February 5th, 2024 [February 5th, 2024]
- Trump's lead over Biden may be smaller than it looks - The Economist - February 5th, 2024 [February 5th, 2024]
- Tory rising star described Donald Trump as 'refreshing' - The Independent - February 5th, 2024 [February 5th, 2024]
- Joe Biden v Donald Trump - where contest will be won and lost - BBC.com - February 5th, 2024 [February 5th, 2024]
- Donald Trump's fed trial on election interference postponed from March - USA TODAY - February 5th, 2024 [February 5th, 2024]
- Inside Trump's growing influence over congressional Republicans - POLITICO - POLITICO - February 5th, 2024 [February 5th, 2024]
- Federal judge postpones Trump's March 4 election interference trial - NPR - February 5th, 2024 [February 5th, 2024]
- Trump Says He Would Not Reappoint Powell as Fed Chair if Elected - Bloomberg - February 5th, 2024 [February 5th, 2024]
- I Prosecuted Donald Trump and Won. Here's How It's Done. - The Daily Beast - February 5th, 2024 [February 5th, 2024]
- Donald Trump Loses London Case Against Ex-MI6 Spy Over Kremlin Dossier - Bloomberg - February 5th, 2024 [February 5th, 2024]
- After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision - The New York Times - February 5th, 2024 [February 5th, 2024]
- Donald Trump and UAW President Shawn Fain exchange barbs: 'Get rid of this dope' - USA TODAY - February 5th, 2024 [February 5th, 2024]
- Donald Trump dispels rumors that he reached out to RFK Jr for VP: Never happened - Fox News - February 5th, 2024 [February 5th, 2024]
- How Donald Trump Got Disqualified From The Ballot And His Entire Candidacy Wound Up Before The Supreme Court - HuffPost - February 5th, 2024 [February 5th, 2024]
- Trump Says Nikki Haley Is Unlikely to Be His Running Mate - The New York Times - January 20th, 2024 [January 20th, 2024]
- Donald Trump Goes From Calm To Indignant In Newly Released Deposition Video Of Civil Fraud Lawsuit - HuffPost - January 20th, 2024 [January 20th, 2024]
- Trump: Haley 'probably ... is not going to be chosen as the vice president' - POLITICO - January 20th, 2024 [January 20th, 2024]
- Trump returns to New Hampshire as primary nears - The Washington Post - January 20th, 2024 [January 20th, 2024]
- Boris Johnson: Trump's return could be 'big win for the world' - POLITICO Europe - January 20th, 2024 [January 20th, 2024]
- Zelenskyy invites Trump to Kyiv POLITICO - POLITICO Europe - January 20th, 2024 [January 20th, 2024]
- 'New Hampshire Is Close to a Make-or-Break for Keeping the Nomination Out of Donald Trump's Hands.' - POLITICO - January 20th, 2024 [January 20th, 2024]
- Trump's pitch in New Hampshire is more about Nikki Haley as he hopes for big win - NPR - January 20th, 2024 [January 20th, 2024]
- Donald Trump's tax cuts would add to American growthand debt - The Economist - January 20th, 2024 [January 20th, 2024]
- Donald Trump's populism is turning off corporate donors - The Economist - January 20th, 2024 [January 20th, 2024]
- Why DeSantis Says Trump's Romp in Iowa Is Actually a Sign of His Weakness - The New York Times - January 20th, 2024 [January 20th, 2024]
- The GOP Is Already Clashing Over Trump's VP Pick - POLITICO - January 20th, 2024 [January 20th, 2024]
- There is still a way to stop Donald Trump but time is running out - The Guardian - January 20th, 2024 [January 20th, 2024]
- The Davos Consensus: Donald Trump Will Win Re-Election - The New York Times - January 20th, 2024 [January 20th, 2024]
- Maine Secretary of State to Appeal Ruling on Her Decision to Exclude Trump From Ballot - The New York Times - January 20th, 2024 [January 20th, 2024]
- Vice President Harris says she's 'scared as heck' that Donald Trump could win - The Associated Press - January 20th, 2024 [January 20th, 2024]
- What is the point of coming second to Donald Trump? - The Economist - January 20th, 2024 [January 20th, 2024]
- Thousands Sign Christian Petition Urging Bishops Not to Back Donald Trump - Newsweek - January 20th, 2024 [January 20th, 2024]
- Why Donald Trump Is Facing E. Jean Carroll in Court a Second Time - The New York Times - January 20th, 2024 [January 20th, 2024]
- Donald Trump Claims He Will Never Allow Creation of CBDC in the US if Reelected - Yahoo Finance - January 20th, 2024 [January 20th, 2024]
- Keller @ Large: What Donald Trump's win in Iowa means for the presidential race - CBS Boston - January 20th, 2024 [January 20th, 2024]
- Donald Trump tries to twist felony charges, lawsuits after Iowa win - USA TODAY - January 20th, 2024 [January 20th, 2024]
- Donald Trump Just Incriminated Himself on Truth Social: Legal Analyst - Newsweek - January 20th, 2024 [January 20th, 2024]