Whenever it comes to an intelligent discussion on the seditious conspiracy charges against the Capitol rioters, or Incitement to Riot charges against Trump for the contents of his J6 speech, the top problem former prosecutors and legal analysts keep returning to is Criminal Intent.
The concept isn’t that complex. A conspiracy requires two or more people, and they have to intend to plan out and commit the crime. It’s also easy to see why it’s such a pain in the ass for prosecutors, They have to find a way to literally get inside the heads of the conspirators, and prove that they intended to plan and commit the crime. Not an easy thing to do, since most juries are suspicious of psychics. Fortunately, most criminals are stupid enough to leave a paper trail and shoot off their mouths.
But never let it be said that Trump isn’t the undisputed champion of Stupid. Bored off of his ass in Mar-A-Lago, his Lowness just couldn’t resist playing Perry Mason, and shooting off quite the statement to the media. In it he said that because Republicans and Democrats in the Senate were trying to tighten up the phrasing of the Electoral counting Act, Trump was right all along! He did in fact have the right to order Pence to overturn the vote results in contested states, and throw the election to him. And now the Senate wants to take that toy away from him for the next time.
Really? Do tell. The simple fact is that the Senate is trying to reform the language specifically to make it even possible for another President or House to try that same lame shit again. But in his own words, Trump made it clear that his sole intention his instructions to Pence was to overturn a fair and free election, and keep his get-out-of-jail-free-card intact. And his alleged mental state isn’t at issue either. Because every step of the way, from his White House Counsel, to advisors, to the Vice President himself, Trump was told that his proposed action would be both illegal as well as unconstitutional. He was warned. And still he persisted.
The same thing holds true for this blooming scandal courtesy of the New York Times. In early December, world class featherheads Mike Flynn and Sydney Powell came up with a scheme for Trump to seize election machines in disputed states, delaying the state certification processes by bogging everything down in endless hearings and investigations, also corrupting the machines themselves. Trump tried to carry that one off with the DOJ, the FBI, various state governments and agencies, as well as the military through DHS intervention. Everybody he tried told him it would be blatantly illegal, and yet he continued to push the plan all the way to J6 and beyond.
Ah hell, screw it, let’s go for the hat trick. The J6 committee already has uncovered more evidence of intent than they need for his true motivation in his pre riot speech to his goon squad. The first part comes from the riot itself. The committee has testimony, e-mails, and even texts of everybody from Laura Ingraham to Sean Hannity, from Mark Meadows, to Ivanka and Donald Trump Jr., all begging him to call off his howler monkeys. Trump’s response? To spend 187 minutes in the Executive Dining Room, revelling in the coverage of his true believers going to the mattresses for him. He even responded in his own words to a panicked phone call from Kreepy Kevin McCarthy to stop the riot by saying, Well Kevin, I guess my people are more upset about the election than you are. How much clearer can it get? The mob was performing exactly as programmed.
The second proof of intent once again comes right out of the mouth of Traitor Tot himself. When he finally grumped his way in front of a camera to pull his posse back, there was not one single word of shock, horror, or condemnation. The things you would expect from someone who had been misunderstood. No, the Trumpster Fire instead told them that They were very special people, and he loved them all very much. He thanked his mob for doing exactly what he set them out to do.
So yeah, I get it. I’m no lawyer, but even I get that it can be a bitch to try to get into someone else’s head to prove to a jury what they intended, when they come right out in public, unprovoked, and tell you exactly what they intended, that kind of takes all of the suspence out of it. Especially when he comes out and tells a rally crowd that he’ll pardon the J6 rioters, because they’re being treated very unfairly! Yeah, they’re being held personally responsible for being seditious traitors. Hopefully you find yourself in the exact same situation before Easter.
I remember the scene in Dirty Harry where the police commissioner was ragging on him & his methods. He referred to a case where Harry shot a man he believed was in process of committing a crime. When asked why he thought the man was a potential rapist, he responded he took a wild guess since the man was naked, chasing a women with a hard on & a butcher knife. An average citizen would have been in jail long ago.
If only Garland will turn loose his prosecutors the best part of all this is it went down in The District of Columbia. That means Trump’s trial will, like all the others take place in DC which means juries made up of residents of DC. If that blessed event takes place, a trial of Trump in DC he will freak the fuck out every time he looks over at the jury box. I’m sure his lawyers will manage to get a few white folks on it but Trump would still scream to high heaven about the makeup of the jury and if it takes making race relations in this country getting far, far worse than they already are that’s what he’ll do. But, as you say the evidence is clear as a fucking bell, including the ability to prove intent which is always such a big, “YUGE” deal when the defendant is some rich white asshole. A jury of DC folks will see right through bullshit claims of “he didn’t really mean it”, or “he was misunderstood”, or “he didn’t realize it was wrong and/or against the law” and nail his ass to the T on the sign of the Trump DC hotel! So you’re right about him freaking out right now because if charges get filed at the state level it will give some cover to DOJ to do so. Although I believe they should be the ones leading the charge.
FFS, they’re running out of courthouse space for all the people they already have arrested and (mostly) charged. They have **140** US attorneys working on the 1/6 cases already. It’s a massive effort, and you’re whining because it isn’t going fast enough to suit you?
Watergate was much smaller, and it was a two year investigation, with far less evidence to go through.
Until the biggest traitor is charged, as I type with only 9 months to go b4 the fascists try to end our democracy, this isn’t whining. This is a realistic fear given how he has walked on every goddamn thing. Watergate u say? Yeah that was a time when some members of the republican party believed in the rule of law, & not a fascist dictator. Nixon left office VOLUNTARILY. He also conceded the election to Kennedy losing by the slimmest of margins. This isn’t anygoddamnthing like Watergate. I ought to know since I was at Carolina with a draft number & only avoided Vietnam cuz Nixon fucked up. U think 9 months is a lot of time? It’s been 13 months since this criminal did all this IN PUBLIC, & still he walks. No. Ur a fool if u aren’t nervous. So is anyone who doesn’t fear a fascist takeover.