Theres a great deal of excitement in some quarters about the prospect of criminally prosecuting Donald Trump. Either for his role in the January 6 insurrection, or his efforts to overturn the results of the presidential election, or even for widespread financial fraud at the Trump Organization.
It is true that the Department of Justice has now charged some defendants with seditious conspiracy, and that, if such a conspiracy is proven, it could subject people who were nowhere near the Capitol, up to and including the president, to criminal liability for what happened on January 6.
It is also true that the New York attorney general is aggressively investigating Trumps financial dealings.
And it is true, too, that a prosecutor in Georgia has convened a grand jury to look into Trumps efforts to pressure the Georgia secretary of state, Brad Raffensperger, to find enough votes so that Trump would win.
Thats all very exciting and who knows what might come of it. But in all this drama, we are overlooking a lot of mundane illegal activity that also deserves to be investigated and, very possibly, prosecuted. Because sometimes you get John Gotti for murder. But sometimes you get Al Capone for tax evasion.
So here are three legal layupsinvestigations so straightforward that they probably wouldnt even require a grand jury. These may seem like minor offenses compared to seditious conspiracy, but a felony is a felony and a prison sentence is a prison sentence.
President Trumps efforts to threaten Ukraine into launching an investigation into Joe Biden resulted in Trumps first impeachment trial. But the events that led up to that trial, specifically how the whistleblower complaint was handled, have never been properly investigated.
To refresh your memory: Someone who had knowledge of Trumps call with the Ukrainian president filed a whistleblower complaint. The Office of the Inspector General quickly concluded that it was both credible and a matter of urgent concern. Consequently, the OIG had a legal duty to report it to Congress.
But when the OIG filed what should have been a pro-forma notification of the complaint with the Director of National Intelligence, something happened. Instead of facilitating the passing of the complaint to the congressional intelligence committees as the law requires, the administration began a frantic effort to bottle it up, permanently.
There are real questions here about who knew what, when, and what they did about it. It is not impossible that Trump himself was involved in the effort to suppress the complainteven though, as the subject of the complaint, he should not have been made aware of it, much less allowed to interfere with how it was processed. Theres written evidencefrom Senator Ron Johnson, of all peoplestrongly suggesting that Trump knew about the complaint by August 31, 2019 and was already actively covering his tracks.
But whether it was President Trump or someone close to him, its beyond dispute that someone made a serious effort to suppress the complaint that eventually led to Trumps first impeachment trial. We ought to know what exactly happened and if any laws were broken.
If they were, those people should be prosecuted. And if laws were not broken in this case, then we probably need some new laws.
Its now beyond dispute that President Trump regularly destroyed official records by tearing them into shreds. This was documented as early as 2018, when two federal employees, whose job it was to try and piece documents back together, were fired for discussing their job with the press. Just this week, the National Archive confirmed that Trump had a habit of tearing up documents when it provided several documents to the House Jan. 6 Committee which had been laboriously taped back together.
This wouldnt be quite as dramatic as nailing Donald Trump for the events of January 6 but it would be more than made up for by the bigly load of cosmic irony. If Donald Trump really did tear official documentsdocuments that are required to be preserved by the Presidential Records Actinto little pieces, then he violated 18 U.S.C. 2071, which makes it a felony to mutilate or destroy an official record. Whether or not someone was able to put the record back together later is irrelevant.
You might recognize 18 U.S.C. 2071. Its been in the news before. Its one of the statutes Republicans accused Hillary Clinton of violating when she erased the emails on her server.
When Donald Trump decided that hed hold part of the Republican National Convention on federal property and stage his acceptance speech from the White House, the Office of Special Counsel produced a letter explaining that this was perfectly legal because President Trump was not subject to the Hatch Act, which prevents federal employees from engaging in partisan politics. And even if it were illegal, the Hatch Act itself is fairly toothless and carries no criminal penalties.
But there is another statute, 18 U.S.C. 610, which does. This statute makes it a felonypunishable by up to three years in prisonto intimidate, threaten, command, or coerce any federal employee for the purpose of getting them to engage in political activity. And while its true that President Trump himself wasnt bound by the Hatch Act, all other federal employees, including White House staffers, were.
As many as a thousand Republicans were invited to attend the August 27, 2020 event. There was a stage, large screens and a backdrop of hundreds of flags, all set up on the White House South Lawn. It was a substantial undertaking. Putting aside whether President Trump coerced the federal government to make an in-kind donation to his campaign by making free use of the White House, are we really expected to believe that not a single federal employee was involved in supporting this event?
Who issued the security passes? Who checked those passes and screened the thousand people through security? Who set up all of the equipment? Who took it down? Who repaired the lawn afterwards? Were any of these people federal employees? Because if they were, unless these people spontaneously volunteered to work late on a Thursday night, then somebodylets call him Individual-1ordered people to participate in President Trumps presidential campaign. This is exactly the kind of thing that 18 U.S.C. 610 was designed to prevent. Somebody ought to look into this, if only to ensure that it doesnt happen again.
Perhaps the best thing about all these investigations is that they dont necessarily need to involve the Department of Justice. Since these are all potential crimes that occurred in the executive branch itself, they can all be investigated, at least initially, by the appropriate Inspectors General.
And investigated they should be. In America, laws arent just for little people. Theyre for everyone, including the president. In fact, they apply particularly to the president.
After all, the laws dont faithfully execute themselves.
Link:
- '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]