In conversations with the Daily Beast’s Roger Sollenberger, two former officials in the Department of Justice suggested that specific evidence revealed in the Jan. 6th committee’s investigation of Donald Trump provides a roadmap that could lead to wire fraud charges against members of Donald Trump’s campaign officials and possibly the former president too.
At issue is the preponderance of evidence that Trump and his aides were well aware that he had lost the 2020 presidential election to Joe Biden on election night and yet sent out a flood of requests for donations maintaining the election results were fraudulent.
As the report notes, “That same day, the Trump campaign sent a fundraising email claiming that ‘President Trump will easily WIN the Presidency of the United States with only legal votes cast.’ The solicitation called on supporters to donate any dollar amount and join something called the ‘Election Defense Task Force.’ The campaign, it said, was ‘counting on members to help [Trump] fight back and secure FOUR MORE YEARS.'”
Pointing out that legal experts believe that evidence contains the “ingredients for possible federal charges against officials with the campaign and the Republican National Committee—as well as Trump himself,” Sollenberger first spoke with former U.S. attorney Barb McQuade, who said wire fraud cases are a specialty of U.S. attorney’s offices.
“If it can be shown that Trump or others sent an email asking for money for one purpose, and then used it for another, that could constitute fraud, regardless of whether it can be proved that they knew the election had not been stolen,” she explained.
Her view was bolstered by Natalie Adams, who previously served as an assistant U.S. attorney for the Middle District of Florida, who bluntly stated, “the committee’s definitely got something.”
Speaking with the Beast, she elaborated, “It’s not whether you know something absolutely for sure. It’s if it’s ‘reasonably foreseeable’ to you that people will believe promises and statements that you either know aren’t true, or are reckless or deceptive, which you are trying to use to get something of value.”
According to Adams, there is a wire fraud conspiracy case to be made — which could sweep up the former president as a co-conspirator.
“With conspiracy, you don’t necessarily have to commit an overt act. And jury instructions don’t require proof of a formal agreement, because criminal actors avoid doing that,” she explained. “But if people work together and profit from it, it’s helpful to show who had the access and opportunity to review those communications, and who would be likely to know by virtue of their job what is ‘reasonably foreseeable’ to occur, who are charged with vetting the truth of statements, and so on.”
You can read more here.
Image: Official White House Photo by Tia Dufour
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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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