Well-known University of Michigan Law School professor of law and former U.S. Attorney Barb McQuade announced Wednesday that in her opinion a “strong case” can be made that Donald Trump, the former president, “committed 5 counts of manslaughter” on January 6, 2021.
McQuade did not specify who the victims are, but there are at least five deaths associated with the January 6 insurrection. Among them, Ashli Babbitt, and Capitol Police officer Brian Sicknick, along with three others who died of natural causes or accidental death. At least four law enforcement officers who responded to the January 6 attack later died by suicide.
“I think a strong case can be made that Trump committed 5 counts of manslaughter on Jan 6 by recklessly causing the unintended deaths of others,” McQuade, who is also an NBC News/MSNBC legal analyst said.
“Under DC law, manslaughter occurs when a person recklessly causes an unintentional death. Under the federal Assimilative Crimes Act, state (or DC) law can be charged federally when it occurs on federal property,” she added. “For manslaughter, it’s not necessary to show that the defendant intended the deaths to occur. That’s what makes it different from murder.”
Central to her argument is this key claim:
“As president, Trump has a duty to take care that the laws be faithfully executed. His failure to call up the national guard or even to call off the mob could be described as ‘causing’ the 5 unintentional deaths [at] the Capitol.”
“To prove Trump acted recklessly, prosecutors would need to show he was aware of a risk and chose to ignore it. Here, he knew the crowd was armed and angry. And he could see on TV that they were engaging in violence. Death of an officer or member of the mob was a very real risk,” she continued. “Of course, he himself was the one who set this risk in motion by summoning the mob and then lighting the fuse with his Ellipse speech urging them to march to the Capitol, but that conduct raises some sticky 1st Amendment concerns. His inaction in stopping the violence does not.”
“Manslaughter should not displace the wider charges of attacking our democracy by engaging in a conspiracy to defraud the United States, obstruct an official proceeding or commit sedition, but should supplement those crimes to address the harms he caused with those deaths,” she warned.
Reinforcing her strong remarks, McQuade also quipped, “DOJ, you up yet?”
Several former DOJ officials who started out defending Attorney General Merrick Garland’s handling of the January 6 insurrection – including the fact that the leaders of the insurrection have yet to be charged – have since made clear they believe the Attorney General has not grasped the seriousness of not indicting those at the top, including Donald Trump.
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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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