Former U.S. Attorney Joyce Vance says a federal judge’s ruling shows “an ongoing course of criminality” by a “then-sitting president of the United States,” Donald Trump.
Vance, also a professor of law, podcast host, and well-known MSNBC and NBC News legal analyst, is praising the “careful,” “deliberate,” and “measured” approach of a federal judge who on Wednesday ordered “coup memo” author John Eastman, a disgraced former law professor and current chairman of the far-right National Organization For Marriage, to hand over emails to the U.S. House Select Committee on the January 6 Attack.
“Yesterday’s opinion from Judge Carter ordering some of John Eastman’s emails turned over to J6C was careful & deliberate. It’s the measured approach that’s so compelling here. He could have gone further, but he didn’t & the emails Congress gets are deeply damaging to Trump,” Vance tweeted on Thursday.
U.S. District Judge David O. Carter did not accept Eastman’s claim of attorney client privilege, citing the “crime-fraud exception” which states there can be no privilege if the communications were in furtherance of a crime.
Judge Carter also found that Donald Trump knowingly signed legal court documents that he knew contained false information, specifically false claims of voter fraud.
Vance says, “it’s an astonishing conclusion to reach regarding a then-sitting president of the United States. It shows an ongoing course of criminality, not an inquiry that was quickly abandoned.”
Politico had reported that in emails Eastman stated that Trump had already made fraudulent claims, and before the time of the email had been informed the claims were false, but the then-president and his attorneys decided to push ahead and file the knowingly-false claims in court.
“Trump signed a verification to the fed’l lawsuit attesting that the information in it was correct to the best of his knowledge. That’s serious, because before the federal case was filed, Eastman communicated that the numbers were made up junk,” Vance added.
In her Substack newsletter Vance calls Judge Carter’s ruling “highly significant.”
She adds: “Judge Carter found in earlier proceedings that Trump had, more likely than not been involved in [a] plan to obstruct Congress’s official proceedings to confirm the electoral college vote on January 6, 2021,” and a “conspiracy to defraud the United States.”
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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.
The vote pic.twitter.com/Tsk0mE0wCC
— Acyn (@Acyn) December 19, 2022
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