The Conversation -- August 2, 2023
At long last, it dawns on Mike that Donald is not qualified to be president*: ~~~
Marie: Last night all the serious teevee pundits were saying what a sad day it was for America. Me? I'm with Hillary (thanks to Patrick for the link): ~~~
Alright, who made this?! ๐๐คฃ pic.twitter.com/sEXaRPWkum
— แฐแฉฦณแแฉ โ๐๐ ๐ฅ๐ ๐๐ฃ๐๐ก๐๐ช (@LePapillonBlu2) August 1, 2023
United States of America v. Donald J. Trump
The attack on our nation's Capitol on Jan. 6, 2021, was an unprecedented assault on the seat of American democracy. It was fueled by lies, lies by the defendant. -- Jack Smith, August 1 ~~~
~~~ Devlin Barrett, et al., of the Washington Post: "A grand jury indicted ... Donald Trump on Tuesday for a raft of alleged crimes in his brazen efforts to overturn Joe Biden's election victory -- the latest legal and political aftershock stemming from the riot at the U.S. Capitol two and a half years ago. The four-count, 45-page indictment accuses Trump ... of conspiring to defraud the United States, conspiring to obstruct an official proceeding, attempting to obstruct an official proceeding and conspiring against people's civil right to have their vote counted.... 'Despite having lost, the Defendant was determined to remain in power,' the indictment charges, accusing Trump of unleashing a blizzard of false claims about purported mass voter fraud and then trying to get state, local and federal officials to act to change the vote results. 'These claims were false, and the Defendant knew that they were false,' the indictment states. 'In fact, the Defendant was notified repeatedly that his claims were untrue -- often by the people on whom he relied for candid advice on important matters, and who were best positioned to know the facts -- and he deliberately disregarded the truth.'" The AP's story is here. The New York Times story is here.
According to MSNBC, Trump has been summoned to appear in court Thursday. Update: at 4:00 pm ET.
@6:30 pm ET, MSNBC reports that AG Merrick Garland will speak within the hour. Update: Here's what Garland said, which was not much. ~~~
~~~ Rebecca Shabad of NBC News: "In brief remarks outside an event in Philadelphia [Tuesday night], Attorney General Merrick Garland said that career employees of the Justice Department 'engaged in what has become the largest investigation in our history. In order to underline the department's commitment to accountability and independence, Mr. Smith and his team of experienced principled career agents and prosecutors have followed the facts and the law wherever they lead,' Garland ... told reporters. 'Any questions about this matter will have to be answered by the filings made.'" From the NBC News liveblog.
Alan Feuer & Maggie Haberman of the New York Times: "... Donald J. Trump was indicted on Tuesday in connection with his widespread efforts to overturn the 2020 election following a sprawling federal investigation into his attempts to cling to power after losing the presidency to Joseph R. Biden Jr. The indictment was filed by the special counsel Jack Smith in Federal District Court in Washington. It accuses Mr. Trump of three conspiracies: one to defraud the United States, a second to obstruct an official government proceeding and a third to deprive people of civil rights provided by federal law or the Constitution.... The indictment said Mr. Trump had six co-conspirators, but it did not name them." This is a liveblog. ~~~
~~~ Adam Goldman: "Prosecutors said that Trump and his co-conspirators devised fraudulent slates of electors in seven states: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin. Some of the fake electors, the indictment said, were 'tricked' into participating in the scheme." ~~~
~~~ Ben Protess: "It's hard to imagine a more consequential case against a former president." MB: What makes it especially consequential is that for the first time in U.S. history (as far as I know) the indictment charges a president* for criminal acts committed while in office, answering the question, "Can a president* be held responsible for abuse of power?" Apparently so. ~~~
~~~ Charlie Savage: From the indictment: "... on the pretext of baseless fraud claims, the defendant pushed officials in certain states to ignore the popular vote; disenfranchise millions of voters; dismiss legitimate electors; and ultimately, cause the ascertainment of and voting by illegitimate electors in favor of the defendant." Savage: The indictment alleges Trump is guilty of "recruiting fake electors in swing states won by Biden, trying to use the power of the Justice Department to fuel election conspiracy lies, pressuring Vice President Mike Pence to delay the certification of the election or reject legitimate electors, and then exploiting the disruption caused by the Jan. 6 riot to redouble 'efforts to levy false claims of election fraud and convince members of Congress to further delay the certification based on those claims.'" ~~~
~~~ Luke Broadwater: "... the Justice Department charged Mr. Trump with four federal crimes, including deprivation of rights under the color of law. The 45-page indictment read like a summarized version of the select committee's sprawling 845-page tome detailing Mr. Trump's myriad attempts to stay in office."
~~~ Maggie Astor: "Trump likened the indictment to the actions of 'Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes,' in a statement on Truth Social. [MB: Projection!] He again accused the Justice Department of corruption and said, 'These un-American witch hunts will fail and President Trump will be re-elected to the White House so he can save our Country from the abuse, incompetence, and corruption that is running through the veins of our Country at levels never seen before.'" ~~~
~~~ William Rashbaum: "The prosecutors charged that Trump and his co-conspirators told copious lies about election fraud. These 'prolific lies' included 'dozens of specific claims that there had been substantial fraud in certain states,' they said, and 'that large numbers of dead, non-resident, non-citizen, or otherwise ineligible voters had cast ballots or that voting machines had changed votes for the defendant to votes for Biden.'"
** Here's the indictment against Trump, via CNN. The New York Times has an annotated indictment here. ~~~
~~~ Indictment Code: Andrew Weissmann guesses Conspirator 1 = Rudy Giuliani; Conspirator 2 = John Eastman; Conspirator 3 = Sidney Powell; Conspirator 4 = Jeff Clark; & Conspirator 5 = Kenneth Chesebro; not sure about Conspirator 6. MB: On the other hand, Weissmann mixed up COS Mark Meadows & pence's COS Marc Short & made some false assumptions based on that misreading. ~~~
~~~ Mystery Man. In a New York Times article identifying five of the conspirators, Alan Feuer writes, "... co-conspirator 6 is described as a 'political consultant' who helped to devise and implement the fake elector scheme. It could apply to several people who worked closely with Mr. Trump after the election." The Washington Post also cannot identify this person. CNN can't decide, either. MB: There are so many possibilities.
NBC News live updates are here.
~~~ ** CNN is reporting on-air that Trump has been indicted in four counts in the election interference case. The key charge is "conspiracy to defraud the United States." Jack Smith is expected to make a public statement within the hour. (It's now 5:40 pm ET). The other charges include "corruptly obstruct an official proceeding," and "conspiracy against the right to vote." This is a 45-page speaking indictment with new info. Six co-conspirators are designated by not named; they are not (yet) indicted.~~~
~~~ The judge assigned to the case is U.S. District Judge Tanya Chutkan. She is an Obama appointee with a background as a public defender.
Peter Baker of the New York Times: "At the core of the United States of America v. Donald J. Trump is no less than the viability of the system constructed during [the] summer [of 1787] in Philadelphia. Can a sitting president spread lies about an election and try to employ the authority of the government to overturn the will of the voters without consequence? The question would have been unimaginable just a few years ago, but the Trump case raises the kind of specter more familiar in countries with histories of coups and juntas and dictators. In effect, Jack Smith ... charged Mr. Trump with one of the most sensational frauds in the history of the United States, one 'fueled by lies' and animated by the basest of motives, the thirst for power.... The indictment wove together all the intrigue between the Nov. 3, 2020, election and the Jan. 20, 2021, inauguration into a damning tale of a president who pushed in seemingly every possible way stop the handover of the White House to the challenger who beat him.... Now the justice system and the electoral system will engage in a 15-month race to see which will decide his fate first -- and the country's. The real verdict on the Trump presidency is still to come."
Annals of "Journalism," Ctd. Marie: As I was clicking through the "dial" Tuesday evening, I noticed that PBS News Hour was on. "Hey, let's see how the 'independent journalists' at PBS are covering the Trump indictment story. They weren't. Instead, there appeared on my teevee an extended story about how Ohio is handling the expenditure of funds allocated for anti-smoking programs. Not that this long-running tale isn't important, but I would not call it the news of the day. Rather, it reminded me of the much-ridiculed 1950s BBC stories about various rodents and rare animals that were the stock subjects of early British taxpayer-supported broadcast teevee. (In fairness to PBS, I believe they did open with a report on the indictment.)
New York. Graham Kates of CBS News: "New York Attorney General Letitia James' office says it is ready to proceed with a trial stemming from its $250 million lawsuit claiming ... Donald Trump, two of his children and his company engaged in widespread fraud.... The lawsuit is seeking $250 million and sanctions that would effectively cease the company's operations in New York.... Trump, his sons Eric and Donald Trump Jr., and Ivanka Trump have all sat for depositions in the case. During Trump's first deposition, in August 2022, before the lawsuit was filed, he invoked his Fifth Amendment right against self incrimination more than 400 times.... The case is scheduled to go to trial on Oct. 2, a date the the judge in the case, Arthur Engoron, previously described as 'set in stone.' Engoron has rejected repeated attempts by Trump attorneys to push that date back."
Michigan. Neil Vigdor, et al., of the New York Times: "Matthew DePerno, a key orchestrator of efforts to help ... Donald J. Trump try to overturn the 2020 election in Michigan and an unsuccessful candidate for state attorney general last year, was arraigned on four felony charges on Tuesday, according to documents released by D.J. Hilson, the special prosecutor handling the investigation. The charges against Mr. DePerno, which include undue possession of a voting machine and a conspiracy to gain unauthorized access to a computer or computer system, come after a nearly yearlong investigation in one of the battleground states that cemented the election of Joseph R. Biden Jr. as president. Former State Representative Daire Rendon was also charged with two crimes, including a conspiracy to illegally obtain a voting machine and false pretenses." The AP's story is here.
How to Respond to Trump's Defenders. Marie: (1) If someone tells you that Trump didn't commit any crimes (for whatever reason), ask him if he's read the indictment. If the answer is "no," politely tell him he can't possibly know what he's talking about. Tell him the indictment is available online.
(2) If someone says Trump was just exercising his First Amendment right to free speech -- as apparently Fox "News" stars & guests are currently arguing -- explain that (a) the indictment states outright that Trump has a right to lie to the public, but when he (b) switches from false statements to criminal conduct -- which the indictment spells out -- he's a criminal. That is, you can tell a lie, but you can't act on it; e.g., "I think the Vice President has the power to reject slates of electors" is protected speech. Conspiring to manufacture and submit fake slates of electors is not. You can say you would like to rob the bank; you can't rob the bank.
(3) If someone says the whole case is a hoax devised by Joe Biden to defeat Trump in 2024, (a) tell him Joe Biden didn't pick Jack Smith, that Smith was chosen for his independence. When that fails to convince your acquaintance, (b) tell him all of the witnesses cited in the indictment are Republicans, many of them appointed to their jobs by Donald Trump. They all voted for Donald Trump, they wanted him to win, many worked to re-elect him.
New Jersey. Tracy Tulley of the New York Times reports on the sudden death of the state's Lt. Gov. Sheila Oliver.