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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Giuliani Booking Photo Released
Former Trump attorney and former Republican Mayor of New York City, Rudy Giuliani was booked in Fulton County, Georgia Wednesday afternoon on racketeering charges and charges related to attempts to overturn the 2020 election.
He was released on a $150,000 bond after being arraigned on 13 charges.
“Conditions include prohibitions against intimidating co-defendants or witnesses, and against communicating with co-defendants other than through their lawyers. Giuliani must check in with pretrial services every 30 days,” USA Today reports.
Former Trump attorneys Jenna Ellis and Sidney Powell were also booked and their photos have been made public as well.
See all three mug shots below or at this link.
Fulton County sheriff’s office releases Rudy Giuliani’s mugshot pic.twitter.com/NHoQdAuCT5
— Hugo Lowell (@hugolowell) August 23, 2023
Booking photos of Jenna Ellis and Sidney Powell. pic.twitter.com/isyWaGJupG
— Anna Bower (@AnnaBower) August 23, 2023
‘Moral Turpitude’: Bill Barr Hammers Donald Trump
“You know, you don’t get immunity for two years in the run-up to an election just by saying, ‘Hey, I’m a candidate,'” Barr told Fox News’ Neil Cavuto.
“These investigations have been going on for a while, everyone knew about them even before he announced his candidacy,” Barr continued. “So if there’s a chance to get it resolved before the election, it should be because the American people should know these are crimes involved – or potential crimes – involving moral turpitude.”
Cornell Law School’s Legal Information Institute says moral turpitude is “wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community.”
Barr also talked about the two federal cases brought by Special Counsel Jack Smith, one for Trump’s efforts to overturn the election, and one for his refusal to return classified and other documents.
“I think the federal cases are legitimate,” Barr said. “At the end of the day, at the core of this thing he engaged in – in the case of the documents – in outrageous behavior where anyone would be prosecuted. I don’t know of any attorney general who could walk away from it.”
“He’s not being prosecuted for having the documents, he’s being prosecuted for obstruction, two egregious instances are alleged so I think that’s a very simple case.”
Barr also said for him, Trump “crossed the line” when “he used this device of impaneling imposter electors, swearing that they were the electors, but the key point there was, they were in tandem with a plan whereby the vice president would use that as a pretext for nullifying the legal and certified votes. So it was a calculated and deceitful plan to remain in office by nullifying and negating certified legal votes.”
Watch the videos below or at this link:
“You don’t get immunity for two years in the run-up to an election just by saying, ‘Hey, I’m a candidate’ … These investigations have been going on for a while. Everyone knew about them, even before he announced his candidacy.”
— Former Attorney General Bill Barr on Trump pic.twitter.com/yhDft2bZ7W
— The Recount (@therecount) August 17, 2023
Barr: The federal cases are legitimate. At the end of the day, the core of this, he engaged in (in the case of the documents) outrageous behavior that anybody would be prosecuted. I don’t know of any Attorney General who could walk away from it pic.twitter.com/8ijyPiDjLL
— Acyn (@Acyn) August 17, 2023
Special Counsel Wanted Trump’s Twitter Direct Messages When He Obtained a Search Warrant: Report
Special Counsel Jack Smith obtained a search warrant for access to Donald Trump’s Twitter account in January, but was looking for non-public information from the account.
That non-public information was Trump’s direct messages, CNN’s Kaitlan Collins reports, noting there were “many.” DMs are private.
Smith, who has already obtained indictments against Donald Trump for the ex-president’s removal and refusal to return classified documents and for the ex-president’s efforts to overturn the 2020 election, appears to have accessed an important resource.
“The special counsel was seeking Trump’s direct messages on Twitter, of which there were many, federal prosecutors and lawyers for Twitter revealed in newly unsealed transcripts from hearings about the search warrant,” Collins reported Tuesday evening.
Former federal prosecutor Renato Mariotti said, “I’m surprised that Trump had “many” direct messages. Given that he doesn’t use text and email, they could more directly reveal his intent than other evidence Jack Smith has.”
Experts have wondered why Smith would have wanted access to Trump’s Twitter account, which was suspended after the 2021 insurrection. Elon Musk, who bought Twitter in late 2022, has since reinstated Trump’s account, but the ex-president has not made any public posts on the social media site, now renamed X.
Noted technologist John Gruber last week when news broke that Smith had obtained a search warrant for Trump’s Twitter account wrote, “I’m keenly interested in what the search warrant was after. It wasn’t Trump’s tweets, which are public.”
“So the obvious conclusion: his direct messages. Trump, famously, does not use email and, until this year, apparently didn’t use text messaging either. But did he send or receive DMs on Twitter? And was he stupid enough to put anything incriminating in them?”
“We also know,” Gruber continued, “that ‘deleted’ tweets were just hidden, not actually deleted — and a bug resulted in deleted tweets resurfacing. Was that (or is it still) true for ‘deleted’ direct messages as well? I think it’s quite likely that every single DM ever sent on Twitter is still around.”
A filing had said “the court ‘found probable cause to search the Twitter account for evidence of criminal offenses,’” according to an Associated Press report last week.
Image by Gage Skidmore via Flickr and a CC license
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