The new indictment is going to be the final nail in the niffoc* for every Republican elected official who has defended the felonies committed by Loser before, during, and/or after January 6, 2021, along with every one of them who has accused the Biden Administration of “weaponizing” the federal Department of Justice.
=========
“Special counsel Jack Smith’s investigation into Trump’s attempted coup has increasingly focused on the defeated president’s fraudulent scheme to overturn the 2020 election. The apparent brainchild of Trump lawyer John Eastman, the phony-elector scheme aimed to create an ‘alternative’ fake slate in seven states (Georgia, Michigan, New Mexico, Nevada, Arizona, Wisconsin and Pennsylvania).
“Several prominent legal experts recently published a model prosecutorial memorandum that lays out charges Smith might raise against Trump and his fellow conspirators. As the experts explain, Trump and his collaborators ‘coordinated to create, submit to Congress, and have Vice President Mike Pence recognize false electoral certificates from seven states, attempting to deny Joe Biden the electoral college majority that he legitimately won in a fair and secure election.’ That could form the basis for a strong indictment against Trump to defraud the United States.
“The House Jan. 6 committee focused primarily on elector schemes in Georgia and Arizona. But recent news reports show that Smith has been gathering information from other states. CNN reports: ‘Federal prosecutors have interviewed the secretaries of state for both Pennsylvania and New Mexico in recent months as part of the ongoing investigation into efforts to overturn the 2020 election, according to two sources familiar with the probe.’ Moreover, ‘Smith’s team has sent subpoenas to local and state officials in all seven of the key states … that were targeted by Trump and his allies and where Trump’s campaign convened the false electors as part of the effort to subvert the electoral college.’ Reports also suggest that some officials have been given immunity to testify.
“The Las Vegas Sun also reported recently: “Nevada Republican Party Chairman Michael McDonald and state GOP official Jim DeGraffenreid each testified before a federal grand jury. … The testimony to the grand jury included details of how former Nevada Attorney General Adam Laxalt and Jesse Binnall, a lawyer who worked for the Trump campaign in Nevada, were part of the scheme.
“Until now, Smith’s investigation appears to have focused on the Trump team’s efforts to cajole and pressure state officials to approve slates of electors they knew were not legitimately selected. However, CNN reports that Michigan Secretary of State Jocelyn Benson was asked about ‘the impact of misinformation on election workers and the ‘threats that emerged from that from various sources.’
“‘It is unclear how the threats of violence fit into the case. This part of the investigation may portend a charge against Trump for the violence on January 6th,’ Ryan Goodman, co-founder of Just Security, told me. ‘Prosecutors may be using the pattern of threats of violence to pressure state election officials to explain the broader context in which Trump and his close associates were willing to use mob violence to pressure members of Congress and Mike Pence.’ Goodman added, ‘Prosecutors may be considering charging people for using the threat of violence against state officials. That could include Trump himself.’ He said Georgia’s Republican secretary of state, Brad Raffensperger, already gave testimony to the Jan. 6 committee in which he said ‘Trump pressured him with the specter of political violence.’ He added that ‘any defense counsel should be highly concerned if the Secretary of State made such allegations against their client.’
“The far-reaching investigation also has the potential to spark new STATE investigations. The district attorney for Georgia’s Fulton County is the only state prosecutor who is poised to indict, but others might follow. In Arizona, for example, Attorney General Kris Mayes announced she would ‘investigate the fake electors’ situation, and … will take very seriously any effort to undermine our democracy.’ She also stressed the need to deter ‘ behavior that has created an environment where Arizona election officials have begun to leave their jobs at a rapid pace.’
“It is therefore conceivable that Trump could face indictment not just in Georgia but in other states in which the phony-elector scheme operated, potentially leading to multiple prosecutions in state courts where the federal pardon power is inoperative.
“In sum, recent reports seem to suggest that Smith is following along with a case that looks much like that outlined in Just Security’s prosecution memo. A principal author of that memo, Norm Eisen, told me that the case is essentially about a ‘nationwide plot to solicit fake electoral certificates — and [Trump’s] campaign to spread incendiary lies about a stolen election that triggered threats throughout the nation.’ Since ‘the effects of both those courses of action were felt across the country and culminated in the Jan. 6 insurrection,’ it makes sense to sweep in as many aspects of the phony-elector scheme as possible.
“A seven-state investigation raises several questions. Among the most prominent: How many states’ phony-elector schemes can find their way into an indictment (extending the length and complexity of a trial), if it happens? And will threats of violence against state election personnel give rise to other criminal charges not previously considered? As former prosecutor Andrew Weissmann told me: ‘Questions about the conspirators’ awareness of violence … would be relevant to crimes such as seditious conspiracy and insurrection.’
“Smith may be in the unusual position of deciding how much evidence is TOO much evidence for a swift and successful prosecution.”
— Jennifer Rubin, 7/17/2023.
========
* Read backwards.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.