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Prosecutors Now Have a ‘Road Map’ to Prosecute Trump for January 6: Legal Experts

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Two of America’s most prominent good-government legal scholars explained how officials investigating former President Donald Trump now have a “road map” to follow.

Ambassador Norman Eisen, who served as Obama’s “ethics czar” and counsel for the House Judiciary Committee during Trump’s first impeachment, wrote a powerful new analysis with Fred Wertheimer, the founder of the pro-voting group Democracy 21.

“The resignation of two Manhattan prosecutors for their boss’s failure to charge former President Donald Trump over potential financial crimes last month has reignited debate over whether he will ever be held accountable for his alleged misdeeds,” the two wrote for CNN. “Thankfully, Judge David Carter’s decision on Monday, finding Trump ‘more likely than not’ committed crimes, sets out a road map for finally imposing consequences for the big lie. It does so by tackling the thorniest legal issues regarding Trump, his enablers and the events in and around January 6, 2021 – and showing how they can be addressed by prosecutors.”

IN OTHER NEWS: GOP senator echoes Trump and says ‘war criminal’ Putin should release ‘dirt’ on Biden

Both authors have decades of experience as attorneys practicing public policy law and focused on the question of Trump’s intent.

“Carter applies precedent to show that ‘a person does not need to know their actions are wrong to break the law.’ Trump exceeded this threshold because he likely knew that right-wing lawyer John Eastman’s plan to throw out electoral votes was illegal. Carter cites the January 6 House select committee’s carefully compiled evidence that Trump was advised publicly and privately numerous times that there was absolutely no evidence of significant electoral fraud,” the wrote. “As the opinion notes, Trump’s calls to Georgia Secretary of State Brad Raffensperger in which he famously asked the secretary to ‘give (him) a break’ and ‘find 11,780 votes’ (one vote more than Biden’s margin of victory in that state) reveal the former President’s goal: not to undertake any legitimate investigation, but simply to overturn the election. This is strong evidence of a ‘corrupt mindset,’ and it leads Carter to an eminently simple conclusion: ‘(t)he illegality of the plan was obvious.’”

Beyond that, there may be a broader conspiracy to defraud the United States.

“The possible implications for the rest of Trump’s enablers are obvious. Eastman is certainly not the only person alleged to have participated in calls or meetings relating to overturning the election. Tremors must have gone down the spines of former Trump lawyers Rudy Giuliani and Sidney Powell, former White House chief of staff Mark Meadows, former Justice Department official Jeffrey Clark and many more who were allegedly part of such conversations,” they explained. “Hopefully, all will use the road map the judge has provided and do something about the underlying offenses. That matters for the sake of holding Trump and his enablers accountable, for stopping the ongoing big lie crime spree of the MAGA faction of the GOP and for protecting our democracy itself.”

 

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Kellyanne Conway, Who Trump Reportedly Told He Understood He Had Lost to Biden, Testifying Before J6 Committee

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Kellyanne Conway, whose work in 2016 propelled Donald Trump into the Oval Office and spent three and a half years with him as a top White House advisor, is testifying Monday morning before the U.S. House Select Committee on the January 6 Attack.

ABC News White House and Capitol reporter Gabe Ferris Monday morning said, “Kellyanne Conway is meeting with Jan. 6 Committee staffers right now. She did not answer my questions about why she is here today.”

NBC News Capitol Hill Correspondent Ryan Nobles posted video of Conway apparently walking into the Committee’s offices. “Conway was not subpoenaed publicly & the committee won’t say if she was appearing voluntarily,” he notes.

READ MORE: ‘Lowest Common Denominator’: Trump Refuses to Denounce White Supremacist He Dined With Despite Advisers’ Urgings

MSNBC legal analyst Lisa Rubin notes, “Emmet Flood, who is representing Kellyanne Conway, also represents [former Pence chief of staff] Marc Short and Mike Pence in the 1/6 investigation. The convergence of interests between Short and Pence is clear. Whether Kellyanne shares those interests? Remains to be seen.”

Attorney George Conway, a “never Trumper” who happens to be married to Kellyanne Conway, posted a screenshot from Jonathan Lemire’s book which suggests Trump knew he had lost the 2020 presidential election.

That critical observation could prove important for prosecutors, who reportedly are already using the Committee’s work.

Conway points to a section that reads, “But off camera, [Trump] took a slightly different tone, even wondering aloud to Kellyanne Conway how he could ‘lose to fucking Joe Biden,’ in what she took as a sign that he understood, deep down, that he had been defeated, even if he was not ready to say so publicly.”

Video tweets and video above or at this link.

 

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‘Unambiguous Felony’: Trump at Risk in IRS ‘Personal Vendetta’ Audit Investigation – Report

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According to a report from former Assistant U.S. Attorney Mitchell Epner at the Daily Beast, Donald Trump’s legal problems may be growing exponentially because there appears to be evidence he attempted to use the IRS to persecute political enemies before he lost re-election.

At issue, Epner wrote, are accusations from former White House Chief of Staff John Kelly that the former president demanded the IRS look into tax returns filed by, among others, former FBI Director James Comey and former FBI Deputy Director Andrew McCabe.

According to the legal expert, there is already an investigation by the IRS inspector general into the suspicious audits of the two FBI officials, with Epner writing, “As reported earlier this summer, both Comey and McCabe were subjected to highly unusual IRS audits. The odds of an individual randomly being subjected to this type of audit are similar to being struck by lightning. For both to be the subject of special audit by happenstance is about as likely as a whale falling from the sky and landing in the middle of a mountain range.”

As he notes, there is evidence Kelly is willing to provide evidence about Trump’s illegal demand, with Epner writing that “a president who unlawfully seeks to have an individual audited is subject to up to five years in prison. The crime does not require that the IRS actually carry out the audit. The crime is completed with the mere request.”

RELATED: The coming indictment of Donald Trump will break his power: former Obama lawyer

“If Trump made this demand while he was president, that is an unambiguous felony. Section 7217 of Title 26 of the United States Code makes it a crime for the ‘President’ to ‘request, directly or indirectly, any officer or employee of the Internal Revenue Service to conduct or terminate an audit or other investigation of any particular taxpayer with respect to the tax liability of such taxpayer,'” he wrote before adding, “Based on my training and experience as an Assistant U.S. Attorney who prosecuted tax offenses, I expect that each IRS employee along the chain of command kept detailed notes and records of who ordered them to conduct the audit, and on the facts that were cited to support that audit demand. I would not be surprised if each of those IRS employees cooperated with the DOJ, with all fingers pointing in Trump’s direction.”

He concluded that “the nice thing about prosecuting tax crimes is that the crimes are very clearly delineated. Few jurors have any sympathy for people who cheat on their taxes or wrongfully sic the IRS on an individual to carry out a personal vendetta.”

You can read more here.

 

Image by Evan El Amin/Shutterstock

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Trump Complains the ‘Fake News Went Crazy’ With Coverage of His 2-Hour Meeting With Notorious Racist He Won’t Condemn

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On Saturday evening, Donald Trump issued a fourth statement on his meeting with white nationalist Nick Fuentes and once again refused to denounce his racism and anti-Semitism.

Trump posted to his Truth Social account, “so I help a seriously troubled man, who just happens to be black, Ye (Kanye West), who has been decimated in his business and virtually everything else, and who has always been good to me, by allowing his request for a meeting at Mar-a-Lago, alone, so that I can give him very much needed ‘advice.’”

“He shows up with 3 people, two of which I didn’t know, the other a political person who I haven’t seen in years. I told him don’t run for office, a total waste of time, can’t win. Fake News went crazy,” Trump wrote.

Trump’s dinner has already become an issue in the 2024 presidential campaign and could play a role in determining the next Speaker of the House of Representatives. Trump’s ambassador to Israel condemned him dining with “human scum.”

Trump has received harsh headlines.

“Trump criticized for dining with far-right activist Nick Fuentes and rapper Ye,” headlined The Washington Post.

“Trump’s Latest Dinner Guest: Nick Fuentes, White Supremacist,” was The New York Times headline.

“Trump world reels after white nationalist dinner,” headlined Politico playbook.

“Trump’s former US ambassador to Israel blasts meeting with Ye, Nick Fuentes: ‘You are better than this,'” Fox News headlined.

NBC News headlined, “‘F—ing nightmare’: Trump team does damage control after he dines with Ye and white supremacist Nick Fuentes”

READ MORE: Trump’s Dinner With Kanye Also Included a Former Aide Accused in Pay-for-Pardon Play, and White Supremacist Fuentes

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