The Biden Dept. of Justice may defend Donald Trump, the former president, for remarks he made inciting the January 6 insurrection. Columnist E. Jean Carroll, who says Trump sexually assaulted her and is suing him for defamation, is furious.
‘ARE YOU SITTING DOWN?” asked Carroll, who famously posed for the cover of New York Magazine in the dress she was wearing in Bergdorf-Goodman the day she says Trump, in the 1990’s, raped her in a dressing room. She is also seeking his DNA, which she says remains on the dress, to prove he raped her
“The DOJ–using the same rational they used to defend Trump in my case–may defend Trump in the Capitol Insurrection suit brought by the illustrious Representative @RepSwalwell,” she tweeted.
Many were furious when then-Attorney General Bill Barr stepped in to have the DOJ take over the case, especially since the federal government cannot be sued for defamation. The case theoretically could have then been dismissed.
But it lives on, and the Biden DOJ, under the direction of Attorney General Merrick Garland, has now taken to defend the former president in Carroll’s defamation case.
On Tuesday Reuters reported the Biden DOJ may defend Trump in lawsuits alleging he incited a violent coup and deadly insurrection.
“The Biden administration paved the way for that possibility, say constitutional scholars and lawyers in the cases, by arguing in an unrelated defamation case against Trump that presidents enjoy sweeping immunity for their comments while in office – and the right to a defense by government lawyers,” Reuters reports.
The decision to defend the former president “has profound implications for several ongoing lawsuits, including one filed by two U.S. Capitol Police officers seeking to hold Trump liable for injuries they suffered defending the building in the Jan. 6 attack.”
But noted constitutional scholar Laurence Tribe calls the DOJ’s decision to defend the former president a legal blunder of “Titanic” proportions.
“It would be very difficult for the Justice Department to change course now,” Tribe, a Harvard University constitutional law professor and a frequent critic of Trump. “The Titanic is aimed at the iceberg.”
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‘Next Chapter?’ Manhattan DA Signals Trump Himself Might Finally Land Under Indictment
Manhattan district attorney Alvin Bragg may finally have changed his mind about indicting former president Donald Trump.
The recent conviction of the Trump Organization and its chief financial officer Allen Weisselberg gave a glimpse of evidence that could tie the ex-president directly to the tax fraud scheme, such as a memo he signed approving chief operating officer Matthew Calamari’s illegal request to reduce his taxed salary to cover the cost of his untaxed corporate apartment, reported The Daily Beast.
“We now move on to the next chapter,” Bragg said last week after the company was ordered to pay $1.6 million in penalties for tax fraud.
Trump already asserted under oath in another case in 2021 that he personally oversaw Calimari’s compensation, and prosecutors have checks he signed to cover tuition at a private school for Weisselberg’s grandchildren, whose mother Jennifer Weisselberg has repeatedly told investigators she personally heard Trump discuss the scheme to artificially lower taxed salaries for his executives.
“This case has tentacles,” said Duncan Levin, a former prosecutor who now represents Jennifer Weisselberg and has been communicating with investigators.
The district attorney’s office declined to comment on what Bragg meant about another chapter, but former prosecutors from that office say their experience leads them to believe prosecutors will go after Trump.
“For people who want a certain outcome — to go after Trump — it gives hope,” said Catherine A. Christian, a former assistant district attorney who investigated financial fraud. “They’re going to be thorough. I’m doubtful he would have said ‘next chapter’ if they weren’t looking.”
“It happens all the time with large, complex investigations,” she added.
Prosecutors had hoped to flip Weisselberg or company controller Jeffrey McConney, who was nearly labeled a hostile witness during the Trump Organization trial, but ultimately were unable to get their full cooperation.
“They didn’t flip, and they failed,” said former Manhattan prosecutor Jeff Chabrowe. “They tried to do everything they could, and in the end, they got a truncated thing here where they went after the organization and Weisselberg, and there’s this fine that’s pretty weak.”
‘Final Nail in His Coffin’: Trump’s Taxes Contain ‘Powerful Evidence of Criminal Tax Evasion’
In a column for the Daily Beast, longtime investigative journalist and Donald Trump biographer David Cay Johnston made the case that there is enough evidence of financial fraud in the former president’s tax returns from 2015 to 2020 to indict and prosecute him.
At issue, he noted, are deductions taken for Trump companies — some of which may never have existed.
According to Johnston, the author of “The Big Cheat: How Donald Trump Fleeced America and Enriched Himself and His Family,” he found “powerful evidence of criminal tax evasion,” after reviewing the documents after they were released on Friday morning to the public after years of obstruction from Trump.
“Consider a rich business owner who fabricates deductions but who would still owe zero tax in the audited year even if those deductions were denied. That means an audit that will not generate any tax revenue. That’s also what Trump apparently did in 26 sole proprietor, or Schedule C, filings in the six years of released tax returns,” he wrote before adding, “Trump also turned a profit off a portion of the tax system, making $2.8 million profit off the Alternative Minimum Tax, or AMT.”
As for those 26 Trump businesses that may or may not exist, Johnston suggested that investigators dig deeper into how the former president used them to get out of paying taxes in the years involved.
“Most glaring in the tax returns is that they include 26 Trump businesses—or imaginary businesses—with zero revenue and hundreds of thousands of dollars in tax deductions for expenses,” he pointed out while noting they should be of interest to New York State Attorney General Letitia James, Manhattan District Attorney Alvin Bragg and Attorney General Merrick Garland.
“Unless Trump can produce records showing the expenses are real and meet other standards to be deductible, that’s fraud. That Trump did it 26 times as a candidate and as president is powerful evidence that he qualifies for prosecution by the federal government and New York State for criminal tax fraud,” he wrote before adding the results could lead to a “slam dunk” prosecution.
You can read more here.
Image: Evan El Amin/Shutterstock
Watch: J6 Committee Votes to Send Four Criminal Referrals Against Donald Trump to DOJ
The U.S. House Select Committee on the January 6 Attack has voted to send four criminal referrals to the Dept. of Justice, even more than previously expected.
The Committee’s referral says Donald Trump is guilty of: Obstruction of an official proceeding; Conspiracy to defraud the United States; Conspiracy to make a false statement; Inciting, assisting or aiding/comforting an insurrection, as reported by CNN’s Jake Tapper.
Calling the move “a major escalation for a congressional investigation that is the most significant in a generation,” The New York Times reports this is “the first time in American history that Congress has referred a former president for criminal prosecution,” and “is the coda to the committee’s intense 18-month investigation into Mr. Trump’s effort to overturn the 2020 election that culminated in a violent mob of the former president’s supporters laying siege to the Capitol.”
Watch this historic moment below or at this link.
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