“Just the facts” (tagline from Dragnet)

Two-and-a-half minutes.  That’s how long Special Counsel Jack Smith stood at the podium and spoke.  Short and to the point.  My gut reaction was the quote from a very old, popular but kinda cheesy TV series.  All this time later, Sgt. Joe Friday’s “Just the facts” is someting people say even if they don’t remember or never saw Jack Webb’s deadpan style in the show.  I couldn’t help noticing the coincidence of someone in law enforcement with the first name of Jack gave us “Just the facts.”

(Remember when after seemingly forever we finally saw and heard Jared Kushner speak on camera?  He looked like a college kid, and his voice sounded like an adolescent boy who’s voice hadn’t quite “dropped.”  Smith on the other hand strode to the podium with purpose, and displayed gravitas.  Long before he was finished, we learned he was worth the wait.  He’s the real deal.)

Jack Smith reminded us that as in any other case guilt must be proven beyond a reasonable doubt in a court of law.  That is a fact to be sure.  But prior to Smith asking us to remember that fact, he also asked us all to read the indictment.  Watching commentary last night I thought “Damn – I know it’s almost fifty pages but Smith asked me and everyone to make some time and read the charges.”  Sometimes with all the cases going on I rely on reporting about specific parts of an indictment or some lengthy memo or set of information about a huge matter in the news.  But this time, I decided it was my duty to do what Smith asked.  Earlier this afternoon I settled in and cued up the indictment and read every page.

My first reaction was Wow!

My second?  Well, the quote in the title picture came to mind.  The Boston Massacre was a seminal event in the leadup to the Revolutionary War.  Boston was a focus of the growing resentment of England’s rule of our (then) colonies and King George’s sending ever more troops inflamed things instead of settling them down.   A confrontation where shots would be fired and (then) subjects would be killed was probably inevitable.  Passions in Boston and elsewhere, already running high were inflamed.  Conclusions were jumped to.  Lest we forget, even in Boston there were large numbers of people and leaders loyal to the Crown.  The same was true in other colonies when talk of rebellion came up.  That’s a much longer subject to address but I have a reason for bringing all this up.

The country was increasingly torn between two factions.  Accusations, often false or misguided due to being based on false information were hurled back and forth from individuals to leaders, and newspapers went at it with competing views.  And often argued points without knowing the facts.   Regarding the Boston Massacre, the accounts that spread from the crowd spread like wildfire – the narrative being that a group of people were shot by soldiers for no good reason.  The soldiers arrested and charged were the most hated people in America.  People had read all the accounts, or had them read to them by others who could read.  And they knew, they KNEW the soldiers had fired on the crowd without reason!

John Adams was a respected and well-known lawyer.  For him only the facts and the law would do.  And in investigating, talking to people who were actually present he learned what the public narrative was wasn’t what had actually happened.  That some, if not all of his clients had fired in defense against and unruly mob throwing chunks of ice (it was bitter cold that winter) and even clubs and other items they were brandishing.  The soldiers were badly outnumbered.   And it turned out it was unlikely the first shot came from the soldiers, but rather from someone behind them.

Facts.

Adam’s reputation suffered for merely agreeing to defend the soldiers but as he prepared his case he believed that despite the public mood, once he presented evidence, facts in court acquittal was a likely outcome.  It turned out he was right, and his reputation suffered more.  As did his law practice.  There were even threats along the way.

His words back then, particularly those in the quote in the title pic became what I thought about after my initial reaction to reading the indictment.  In case it’s partially blocked by the article’s title, here it is:

“Facts are stubborn things; and whatever may be our wishes, our inclinations or the dictates of our passions, they cannot alter the state of facts and evidence”

I can still in my mind picture the great actor Paul Giametti in the John Adams mini-series, with a hostile crowd of Bostonians in the gallery saying “Facts…are stubborn things.”

I can also, having read the indictment say it’s chock-full of facts that are very bad for Donald J. Trump. (and his aide Nauta and some of his lawyers and former lawyers – the ones who got out to try and save their law licenses and careers)  Smith’s indictments piles it on.  Facts.  Who did what, when and where.  For good measure some photos were added in to make the point of some of the charges.  There will be more, and more supporting evidence and witness testimony to back everything up at trial. Trump will go in with the presumption of innocence.  I’ve head it said when someone’s lawyer says (or has them say) “Not Guilty” what it means in court is “Prove it.”  Smith can and will do just that.

Everything Smith’s team presents in court will be subject to cross examination so let’s consider a few additional facts.  First, federal prosecutors have a general reputation for not brining charges unless they’ve got someone cold.  Dead to rights.  A slam-dunk of a case.  Especially a high profile case.  We bitch and moan (I include myself in “we’) about them taking so much time to cross every T and dot every I but if they don’t sometimes bring winnable cases that aren’t a sure thing, when they do bring a case to court they usually win.  Another fact, and one bad for Trump is that unlike his recent Civil trial this isn’t a he said – she said case.  There are, literally documents.  Classified ones, some at the very highest levels.  One charge is about a map.  (we’ve also had credible reports of flash drives and copies on laptops but let’s stick to what was presented in the indictment for today)  And, as former FBI Director Jim Comey has surely said “Lordy, there ARE tapes!”  Yep, security tapes of boxes being moved around Trump’s property.  Not to mention who was where at various times that will be discussed during the trial.

On top of all that there are memos and notes from even former Trump attorneys, made if only to cover their butts.  However, since they related to Trump trying to ensnare them into doing illegal things the crime-fraud exemption to attorney/client privilege will allow them into evidence.  That and other testimony will buttress every count charged in the indictment.  Facts.  Provable ones that are admissible in court.  Best of all we have none other than audio and video of Trump himself demolishing any credible defense that could have been offered!

Just as in Adams time there will be a famous trial when public passions are running high.  Trump and Republicans are doing their damndest to inflame them more.   Threats are nothing new for Smith given his stint with the ICC.  The threats against his wife and family are already vile and will get worse.  But he’s not someone who will be bullied.  He spoke for the first time, and only for a short time but he laid things out.  He and his team have charged Trump with 37 crimes.  He also made it clear Trump should be and will be treated like anyone else. he will go into court with the presumption of innocence and be afforded the chance to argue that he did not commit any crimes.  And then a jury will decide things.

A mountain of facts vs. what in my head I’m recalling was that huge dinosaur spoor in Jurassic Park – where the mathematician says “That’s one big pile of sh*t.  Whether from a bill or a dinosaur all Trump can offer in defense will be nothing but a huge pile of sh*t.

One can say that’s my opinion and I suppose that’s true.  But if only an opinion, it’s about as close to be a fact as an opinion can be.

Please, do what Smith asked and read the indictment.  It’s no simple Dick & Jane beginner’s reader but what I heard Lawrence O’Donnell say last night was true.  It’s in plain, understandable language.  Yes, with all the dates and some of the dates of different events/charges overlapping you should take your time and remember that going in.  However, it IS in plain old English instead of being in “legalese.”   When you’re done you will realize two things.  Donald Trump committed crimes and Jack Smith has ample evidence he did so.  And that Donald Trump’s crimes are more than just about taking documents he shouldn’t have taken and refusing to return them.  Trump’s crimes have harmed our National Security.

An article posted by Dino Durrati makes this hugely important point.  This isn’t a “documents” case, but rather a National Security one, and Smith noted the National Security implications of the crimes he has charged Trump with committing.  The indictment Smith has filed is the opening salvo and again, filled with charges he’s got solid evidence to back up when the trial starts.  Instead of posturing yesterday, he was simple and direct that Trump has been indicted for various federal crimes, what Trump did, and when.  Along with evidence proving it that will be part of what will be presented in court.

Just the facts.

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5 COMMENTS

  1. Just the facts, and actual reality against the lies, spin, and outright fantasy of Trump.

    We all know what prevails in an actual court of law.

    We’ll be adding this one to the long, long, long list of cases he’s lost. But, finally, this time, there WILL be actual negative consequences for him.

    16
  2. David McCullough wrote an excellent book on John Adams. He was, as were the founding fathers, one tough hombre. He and his 10 year old son crossed the Atlantic in winter to go to France. He, along with Jefferson and Franklin made the trip at different times, and, if they hadn’t, we would have never defeated England. We had no navy to speak of, and France was essential. I’m sure most of you have never been out on the ocean at night, especially far from land,(cruise ships may be the closest most have experienced).I was on a larger and better equipped modern navy vessel, and it still makes you feel small. The wooden vessel he traveled on had no amenities and it took a while to cross. I can’t imagine. My point is it took extraordinary effort, with unbelievable risks to win the Revolution and establish this country. These barcalounge obese phucks have no clue. Only 1% of us ever served, so it’s no surprise we’ve become spoiled and lazy, physically and mentally. That makes it easy to wallow around in our make believe world, now enabled by the internet. Facts were the first to go. Books next. Finally, it will be our democracy. Interesting that both Jefferson and Adams died on the same day…July 4th, if I remember correctly. Our founding fathers, and the women that supported them, like John’s wife, ARE the reason we have a country. It’s now up to us to fight to keep it!

    14
  3. The GOP Senators had their chance to prevent all of this during Trump’s second impeachment trial. If Mitch McConnell had persuaded 8 or 9 more of them to vote for conviction, Trump would be barred from running for office again. But they were cowards, and didn’t want the embarrassment of convicting one of their own.
    Despite their bluster, GOP leaders have to be in a state of panic. Republican candidates at all levels will be forced to take a stand on Trump’s predicament. Delaying the trial may benefit Trump personally, but it will prolong the agony for the party.
    Reelection campaigns are usually a referendum on the incumbent, but 2024 will be all about Trump. I just don’t see how a criminal trial (with at least 2 more indictments pending) is going to improve his standing with undecided voters.
    As for the photos taken by Mar-a-Lago employees, I hope we learn what motivated them to do so. Payback for being underpaid or mistreated by Trump? Wouldn’t that be a delicious irony!

    • They wanted to (especially since it was a census year and they were thinking about state races too) squeeze one more election out of the MAGA voters without whom the GOP would have been completely crushed all the way down the ballot. On top of that, Yertle really, REALLY wanted to retire as Senate Majority Leader. To get the MAGAts they needed Trump. And ignored things that were obvious. Starting with when he somehow wound up in the WH in the first place they thought they could control him. They were wrong. Even with some actual “adults in the room” the most those people did was trim some of the enormous damage around the edges. The country saw it and except for the MAGA portion of the GOP and some who still wanted more activist RWNJ judges was horrified, hence the results of the 2018 midterms. And losses over and over again in special elections and even some “off year” election states.

      Remember the first impeachment trial, when GOP Senators were warned that as bad as Trump had been (and almost all of them knew it in their bones) he’d be far worse if he skated. But McConnell had NO intention of giving up on is dream of still being Majority Leader when he retired, and I suspect that even with two SCOTUS pics already they were hoping RBG would DIE. Which, sadly she did. We were correct of course and Trump got even worse. Which led to him losing in 2020, and even McConnell found himself screwed as he lost his title anyway! Then we had J6 and the GOP Senators had another bite at the apple. And thanks to McConnell they BLEW it. He looked at that Senate map and like everyone else assumed that keeping MAGAts happy with the GOP by covering “one last time” for Trump he’d be Majority Leader again and could retire in the manner he’d dreamed of. And, like others knew the historical trends as well as anyone and thought not only would the Democrats lose quite a few seats in the House, they might even retake it. So even knowing before the 2020 election Trump would lose, he looked ahead and due to him more than anything else not enough GOP Senators voted to convict Trump in the second impeachment trial.

      Things didn’t work out the way McConnelll thought they would though. Trump did not as he assumed would happen make a bunch of noise but in the end talk of running in 2024 just to milk the MAGA goobers for money. And give up control of the Party. Still, like so many others as we got into 2022 he assumed a “Red Wave” was coming in the midterms. It turned out to be more a smear of blood from a minor cut. The GOP BARELY got control of the House and the Senate? They LOST ground! To add insult to injury for McConnell, there wasn’t even a “power sharing” arrangement anymore. He was STILL only Minority Leader but instead of the 50-50 split he lost all power he had during that sharing agreement. So did the rest of the GOP caucus. Committees could be and have been staffed with a majority of Democrats instead of an equal # from each Party.

      Defendant or not, even convicted felon or not Trump might well be the GOP nominee. That means loss of the Presidency again, the House and even with a map quite favorable to the GOP the Senate too. I hope Yertle chokes on the “what might have been.” Had he taken his medicine in 2020, there’s a fair chance he’d be Majority Leader again and would alamost certainly become so in 2024 given the Senate map. He doesn’t give two sh*ts about the House, he just wanted to retire with the title and all the accolades from being Majority Leader when he did.

  4. A few things:
    ***As a teenager, I watched the John Adams episode on Profiles in Courage because,David McCallum played Adams, and thus began my love affair with Adams. Cranky, noisy, difficult but honorable.

    *** The man who was shot was Crispus Attucs,a free PoC.

    *** It only takes one lying m*****f***** who slips through voir dire like the gun owning, racist Republican woman for the George Zimmerman trial to.hang a jury or make it cleat she would sit there eating stale sandwiches until.hell froze over to make fellow jurors who.had been on the fence, to vote guilty.

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