Tag: court

Vote for Democracy ’24 #8

34 felony convictions, 54 counts waiting for trial dates.

(Photo by Lucas Sankey on Unsplash)

Late afternoon yesterday, May 30, 2024, a former president of the United States, Donald Trump, was found guilty of 34 felony counts of falsifying business records in a case brought by the state of New York by the elected district attorney of New York County, Alvin Bragg, after a grand jury of citizens voted to bring the charges.

This is the first time a US president has been charged with felonies and found guilty. President Gerald Ford pardoned Richard Nixon before any charges could be brought.

The State of New York has jurisdiction to bring the charges because the business records in question were in the state. Falsification of business records is usually a misdemeanor but was raised to a felony here because it was being done with the intent to commit another crime, in this case, violation of New York State election law. This case relates to the 2016 election, when Donald Trump authorized paying a woman to keep her from going to the press with a story about a sexual encounter that would have been potentially damaging to his campaign in the final weeks, shortly after the release of the Access Hollywood tape, in which Donald Trump made light of his habit of sexually assaulting women. The business records were falsified in a scheme to conceal the payment.

The prosecution spent several weeks presenting documents and other evidence and testimony from twenty witnesses. Trump’s defense was much briefer, only two witnesses. The jury deliberated for about nine and a half hours over two days and returned a guilty verdict on all 34 counts.

This is the way the criminal justice system should work in the United States. It’s not the elected or appointed officials who decide the case. It’s a jury of one’s peers. Jurors are sworn to consider only the evidence presented and the law in reaching their verdict. While Trump’s followers made it seem that a New York jury would be made exclusively of Democrats with a grudge against him, we know that the jurors had a range of news sources, including one who got their news from Trump’s social media site, Truth Social. All the jurors swore, though, to set aside any preconceived notions and deliberate together to reach a unanimous verdict.

Sentencing is set for July 11. The sentence will be decided by the presiding judge, Juan Merchan. It could include up to four years in prison but could be probation, instead. After sentencing, there will likely be an appeal. The Republican party convention, which is expected to nominate Trump as their presidential choice for the November election, begins July 15.

Meanwhile, Trump is awaiting trial on 54 more felonies in three cases, a State of Georgia election interference conspiracy case, a federal case of mishandling sensitive presidential documents in Florida, and the federal case around the January 6 attack on the US Capitol in Washington, DC.

I will not vote for a convicted felon who has not served their sentence and taken responsibility for their actions.

I hope that most Americans also hold that view.

Many prominent Republicans are attacking the judicial system rather than affirming the verdict of twelve sworn jurors in New York. I also will not vote for a candidate for any office that does not respect the rule of law. Public officials are sworn to uphold and defend our Constitution and laws. The transcript of the NY trial is available and demonstrates that the law was being followed and applied. For an elected official to attack the US justice system as being worse than those in countries like Cuba is disqualifying for me as a voter.

Applying the law “without fear or favor” is a hallmark of the United States judicial system. All voters should pay attention to the views of candidates toward the rule of law when deciding for whom to vote.

plans for a second Trump administration

The Trump presidency featured a wide range of cruel and immoral speech and actions, including separation of children from their parents/guardians who came to the US seeking asylum in violation of national and international law, then not keeping the records to reunite them; suppressing scientific COVID information while spreading misinformation that contributed to higher rates of death and illness in the US than in other nations with comparable medical systems; speaking approvingly of authoritarian governments while criticizing our allies; bullying and firing government officials he deemed insufficiently loyal to him personally; and lying about his election loss, filing baseless legal challenges, and fomenting an insurrection.

It was a difficult, dark time for the country that laid bare and worsened existing divisions along racial/ethnic, religious, partisan, gender, and geographic lines. The Republican party has devolved into a party driven by grievance rather than one dedicated to governing for the common good of all the people.

Donald Trump is the front-runner for the Republican nomination for president in 2024 while under indictment on 91 federal and state felony counts. There is a planning operation underway for a second term, dubbed Project 2025, through a group of right-wing think tanks that seeks to politicize the Justice Department to seek revenge for political views, to deport millions of immigrants and refugees, to invoke the Insurrection Act to allow the US military to operate domestically, and to give the president additional powers that are not subject to checks by the courts or Congress. Trump’s rhetoric during the primary campaign includes him talking about seeking revenge and retribution against members of the Biden family and administration and against Republicans who don’t agree with him, including former members of his administration. He has raised the possibility of the death penalty for former chairman of the Joint Chiefs of Staff General Mark Milley. He is using overtly fascist language, such as calling his perceived enemies “vermin.” Trump’s verbal attacks, both via social media and in person at campaign rallies and interviews, seem to be increasing threats of violence against those Trump targets, such as Judge Engoron and his law clerk in the New York civil fraud trial.

What is most alarming is that many Republicans in government and many Trump supporters are openly embracing anti-democractic, unconstitutional, and illegal actions, such as doing away with birthright citizenship, limiting voting rights for people who disagree with them, using the military against the public, and outlawing abortion and birth control. I am appalled that there are those characterizing the United States as a white Christian nation, when it is, in reality, a pluralistic society made up of people of many races and ancestral heritages with a wide range of personal beliefs.

I know that I will not vote for Trump or any candidate for office at any level who supports him and his dangerous ideas. I will try to get the word out as best I can what those dangerous ideas are because some of the people who support Trump only hear his rhetoric and not the countervailing facts. For example, I encourage people to read the indictments against Trump, which lay out a lot of the underlying evidence. It’s also helpful to read the report of the House Select Committee on the January 6 Attack, as well as the Mueller Report. I also am supporting voices and organizations that are working to uphold democracy, the rule of law, and the common good.

I’m also worried and scared about violence, oppression, and losing my free, if flawed, country to demagogues, authoritarians, and fascists.

This post was difficult to write, in part because I am so disturbed about what has been happening and in part because I know I’m just a small voice in a very large and loud media environment. But I had to try. The future envisioned by Trump and his acolytes is just too terrifying to silently ignore.

Photo credit: Photo by Lucas Sankey on Unsplash

One-Liner Wednesday: another indictment

Sadly continuing with a recent practice, here is a link to the most recent, devastating, sprawling indictment of Donald Trump, this time under the state of Georgia’s RICO (Racketeer Influenced and Corrupt Organization) law around interference in the 2020 election.
*****
Please join us for Linda’s One-Liner Wednesdays. Find out more here: https://lindaghill.com/2023/08/16/one-liner-wednesday-that-feeling-when/

the first Trump federal indictment

Last Thursday evening, former President Donald Trump announced that he had been indicted by the federal court in South Florida. The indictment was unsealed the next day and Trump’s first appearance in court is scheduled for Tuesday afternoon.

The case involves the documents that were found at Trump’s Florida home but that should have been at the National Archives. It’s a very long saga, so I won’t try to summarize it, but you can read a timeline here.

The cases are under the auspices of Special Counsel Jack Smith. Because of the structure of being a special counsel, Smith did not have to get permission from Attorney General Merrick Garland or Deputy Attorney General Lisa Monaco to indict. (Special counsels are meant to be independent; if AG Garland were to overrule any of Smith’s decisions, he would have to report the reasons to Congress.) This is important because Garland and Monaco were appointed by President Biden and approved by the Senate, but Jack Smith is a career official in the Justice Department, not a political appointee. For five years, Smith headed the public integrity unit of the Justice Department, so he is experienced in investigations and prosecutions involving political corruption. Just prior to being named special counsel, he had been working on war crimes prosecution at a special court in The Hague.

The indictment document is what is termed a “speaking indictment,” which means there is quite a lot of detail about what led to the charges. For example, it lists each of the 31 documents that are the cause of the charges of Willful Retention of National Defense Information, a violation of the Espionage Act. Trump and his valet Walt Nauta also face charges of Conspiracy to Obstruct Justice, making false statements, and withholding/concealing documents. The indictment contains photographs, verbatim conversations, and contemporaneous notes from one of Trump’s lawyers.

I’m glad that the indictment was unsealed so that everyone can read the charges and some of the evidence behind them. Even though it is a legal document, it’s fairly straightforward. There are many resources available with legal experts offering additional information.

Unfortunately, some people, including some Republican politicians, have been reacting negatively, seemingly without even reading the indictment. Some are even blaming President Biden, who had nothing to do with the investigation or indictment. Most upsetting, some are even espousing political violence. This is even more alarming knowing that Florida has relatively lax gun laws.

The judge who has been initially assigned to the case is Aileen Cannon, who, last year, ruled that a special master was needed to review the documents that had been found by the FBI when they carried out a search warrant at Trump’s home. Her ruling was overruled on appeal. It’s not clear if she will remain on the case or if she will recuse due to her prior involvement. She was nominated to the federal bench by Trump and confirmed by the Senate on November 12, 2020, after he had lost the election.

The Justice Department has asked for a speedy trial but Trump is re-shuffling his legal team again, which might slow things down. Scheduling could also get tricky if there are additional indictments, most likely state charges in Georgia over election interference and/or federal charges related to the January 6, 2021 attack on the Capitol.

Trump is considered innocent until proven guilty at trial, but his behavior has been upsetting. His rhetoric has become more vengeful and his lack of respect for individuals and groups of people who are not his supporters has become even more pronounced. Unfortunately, this vitriol has spread to a large swath of Republican officials and Trump’s MAGA supporters. It’s frightening.

I’m hoping for the best but keeping an eye out for possible trouble. I’m also hoping that people will read the indictment before trying to comment on it. Primary source material is generally the best way to understand a situation rather than relying on someone else’s interpreration.

Jury duty

Today, I did my civic duty and reported for jury duty at the county court.

I was there most of the day but was not seated on the jury.

I will post a bit more about the experience later in the week, being careful not to say anything about the case itself, as that would be wrong.
*****
Join us for Linda’s Just Jot It January! Find out more here: https://lindaghill.com/2023/01/23/daily-prompt-jusjojan-the-23rd-2023/

One-Liner Wednesday: This is scary.

A photo from Attachment F of the Justice Department’s court filing last night, showing a variety of secret government documents found in former President Trump’s home at Mar-a-Lago, which was searched under warrant earlier this month.
*****
Join us for Linda’s One-Liner Wednesday! Find out more here: https://lindaghill.com/2022/08/31/one-liner-wednesday-youre-never-too-old/

doomed to repeat history – or just doomed?

I haven’t been using most of the (optional) prompts that have been provided for Just Jot It January, but I will start off using today’s, which is history.

It begs the question, “Does DT know/understand any history?”

If he did, would he be spouting the slogan “America First” which has disturbing connotations from the World War II era?

Would he have signed an order to ban Syrian refugees on Holocaust Remembrance Day, inviting comparisons to the shameful and cruel turning away of Jewish refugees trying to flee Hitler?

Does he understand the separation of powers in the United States Constitution? In some instances at the airports, executive branch personnel refused to carry out the order of federal judges. There will be numerous lawsuits filed challenging the legality of the executive order. US immigration law prohibits discrimination due to national origin, which this executive order clearly violates.

It also disturbs me that DT reneged on the promises made to visa, refugee, and green card applicants. A local example: A staff member at my parents’ retirement community is a long-time US resident and green card holder. He planned to leave in a few days to visit family in Iraq. Now, he won’t be able to go. Even if he can get to the Consulate, which is several hours away, and is granted a waiver, he may be leery of leaving the country because the administration has already shown that they are not honoring his green card as equal to that of someone from France or China – or Saudi Arabia, the country from which most of the 9/11 terrorists originated.

I have written often about my fear of Trump, which I am trying to mobilize into energy to fight for social and environmental justice in the face of his threats and actions.  These last two days make it even more difficult to not be afraid. Does DT think that he is above the laws of the United States? Does he think he makes the laws? The legislative and judicial branches need to assert their independent authority, as our system is designed. Sadly, only a few Congressional Republicans have spoken out against the executive orders on immigration.

Again, people power has been a source of hope. Protesters appeared at the airports where travellers were being detained despite their having valid visas and passports. Lawyers skilled in civil rights, Constitutional law, and immigration law rushed to help the affected people and filed emergency suits to keep them from being deported.

And this is only the second week of the administration.

I feel like a firefighter who is being summoned to multiple locations at the same time.

So much work to be done. So many people to try to protect.

Not knowing whence the next alarm comes.
*****
Join us for Linda’s Just Jot It January! Find out how here:  https://lindaghill.com/2017/01/29/jusjojan-daily-prompt-jan-29th17/

jjj-2017