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‘You Just Might Have to Give Those Millions Back’: Legal Experts Warn on Jack Smith’s Trump PAC Fundraising Probe

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Special Counsel Jack Smith‘s investigation appears to include the reportedly millions of dollars Donald Trump‘s PAC raised – and spent – after the 2020 election, with legal experts suggesting if the massive amounts of money raised were based of fraudulent claims, the federal government might “seize” those funds or require them to be returned.

“This isn’t over yet,” says NBC News national security analyst Frank Figliuzzi, a former top FBI official. “When you raise millions based on a fraudulent claim, you’ve committed a crime. And, you just might have to give those millions back.”

Figliuzzi’s remarks are based on a Tuesday report from Politico that reveals, “Special counsel Jack Smith’s probe of efforts by Donald Trump and others to subvert the 2020 election remains ongoing — with at least one interview this week that focused on fundraising and spending by Trump’s political action committee.”

Top Rudy Giuliani ally Bernard Kerik, the disgraced former NYPD Commissioner who was pardoned by Donald Trump in 2020, was interviewed by Jack Smith’s investigators in “a closed-door interview on Monday.”

READ MORE: ‘Unbelievably Irresponsible’: CNN Slammed Over ‘Bizarre’ and ‘Reckless’ GOP Impeachment Plans Reporting

Kerik was “asked multiple questions about the Save America PAC’s enormous fundraising haul in the weeks between Election Day and the Jan. 6, 2021, attack on the Capitol, according to Kerik’s lawyer, Tim Parlatore, who was present for the interview and shared details with POLITICO.”

“It’s a laser focus from Election Day to Jan. 6,” Parlatore told Politico.

NYU Law School professor Andrew Weissmann, the well-known MSNBC/NBC News legal analyst and former FBI General Counsel, offered this advice:

“Keep your eyes peeled for a criminal case about the Trump PAC and forfeiture allegations/seizures. Case wd [would] not need to go all the way up to Trump before Jack charges folks and seizes assets.”

Professor of law Jennifer Taub responded with a bit of snark: “Wire fraud? Delicious.”

Last year in June NPR reported that, according to the U.S. House Select Committee on the January 6 Attack, “the Trump campaign took $250 million in donations from supporters that it said would go to an election defense fund to pay for legal fees to overturn the 2020 presidential election results. But the fund was never actually created, Rep. Zoe Lofgren, D-Calif., one of the committee members, said … in the panel’s second public hearing.”

“Instead, the money went to the Save America political action committee,” NPR reported.

And in September of last year, Vanity Fair reported, “Two of Trump’s former top aides, Stephen Miller and Brian Jack, were issued subpoenas this week,” in an article noting that a “federal grand jury is now looking into former President Donald Trump’s Save America PAC.”

 

 

 

 

 

 

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Republicans Are Secretly Meeting With Allies of ‘Putin’s Buddy’ Orbán to End Ukraine Aid: Report

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Congressional Republicans are meeting in secret this week behind closed doors with allies of the far-right Christian nationalist authoritarian Prime Minister of Hungary, Viktor Orbán. Those allies, including from a Hungarian government agency that reportedly organized a far-right U.S. group’s conference in Budapest, are working to support Russian President Vladimir Putin’s illegal war against Ukraine. GOP lawmakers, especially in the House but increasingly in the Senate, have been voicing strong opposition to the U.S. sending any additional funding to Ukraine.

“Members of the Hungarian Institute of International Affairs and staff from the Hungarian embassy in Washington will on Monday begin a two-day event hosted by the conservative Heritage Foundation thinktank,” The Guardian reports. The Heritage Foundation, once considered the premier conservative think tank, by 2016 was a pro-Trump group. Now, Heritage is behind the massive Project 2025, which aims to install tens of thousands of pro-Trump loyalists into the federal government if the ex-president re-takes the White House.

“The first day,” The Guardian explains, “includes panel speeches about the Ukraine war as well as topics such as Transatlantic Culture Wars. It is expected to feature guests including Magor Ernyei, the international director of the Centre for Fundamental Rights, the institute that organized CPAC (Conservative Political Action Conference) Hungary.”

Orbán, called “Putin’s Buddy” just last week by Politico, is “a strongman who cultivates close ties with Russian dictator Vladimir Putin and who is widely seen as having undermined democracy and rule of law at home.”

READ MORE: ‘Ballsy Move’: Experts Praise Special Counsel for Not Playing Trump’s ‘Stupid Reindeer Games’

In other words,” wrote U.S. Senate Judiciary Chair Dick Durbin (D-IL), “Far-right Republicans are conspiring with Hungary’s extremist Russian-sympathic PM Viktor Orbán to help former KGB dictator Putin defeat democratic Ukraine. Ronald Reagan and John McCain must be looking on in utter disbelief.”

Many are outraged that Republicans will be meeting with Orbán’s allies in D.C. while refusing to publicly acknowledge their attendance at the anti-Ukraine events. To date the guest list has not been published.

National security expert, former U.S. Rep. Denver Riggleman (R-VA), blasted the GOP’s secrecy: “A list of every representative in that meeting with Orban should be made available to the press. Public servants shouldn’t hide in the shadows— especially when discussing decisions with foreign leaders that could benefit Vladimir Putin.”

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Conservative commentator Bill Kristol explained, “Heritage Foundation and Viktor Orbán are not simply against aid for Ukraine. They are against Ukraine. They hate Ukraine, because a) they’re pro-Putin, and b) they hate liberal democracy, especially one fighting to defend itself against a brutal dictator.”

National security and international law expert Eugene Vindman, a retired U.S. Army colonel whose twin brother made national headlines when he blew the whistle on Donald Trump and was mercilessly targeted for his actions, blasted both the Hungarian prime minister and the GOP: “Viktor Orbán is actively interfering in domestic politics and colluding with extremist republicans to help Vladimir Putin. This is dangerous. Republicans must stop putting Putin ahead of U.S. national security interests.”

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‘Ballsy Move’: Experts Praise Special Counsel for Not Playing Trump’s ‘Stupid Reindeer Games’

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Legal experts are applauding Special Counsel Jack Smith’s move to “leapfrog” a Trump effort to delay his D.C. case by claiming he has immunity from prosecution and appealing the decisions by asking the U.S. Supreme Court to rule on that major question.

Trump is claiming he cannot be prosecuted for his efforts to overturn the 2020 election because he was president at the time, and is also claiming he cannot be prosecuted because he was impeached nay the House but not convicted by the Senate.

Legal experts and U.S. District Judge Tanya Chutkan have declared Trump is not immune from prosecution for criminal acts, with Judge Chutkan writing: “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”

READ MORE: Clarence Thomas Vehemently Objects to LGBTQ Conversion Therapy Case Denial by SCOTUS

On Monday the Special Counsel appeared to have short-ciircuited Trump’s delay tactic by asking the Supreme Court to rule on this question: “Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”

“It is hard for Trump to logically object to Smith’s request today for expedited Supreme Ct review since it is Trump who is claiming he [should] not be subject to the indictment at all,” writes former FBI general counsel Andrew Weissmann, a popular MSNBC legal analyst. “Expedited review only helps alleviate that harm, if he is correct (which he is not).”

Weissmann adds, “Note newest Smith team member: the storied appellate lawyer Michael Dreeben. Argued over 100 cases in Supreme Court, and was head appellate lawyer on SC Mueller team.”

“This is a really ballsy move,” declared former U.S. Attorney and Deputy Asst. Attorney General Harry Litman. “And who is Michael Dreeben? He plays a similar role in Mueller investigation but he was a very long time Deputy Solicitor General and probably the most respected Supreme Court advocate on criminal issues in the Dept.”

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Steve Vladeck, the national security attorney and professor of law, adds, “if I were taking a criminal procedure issue to the Court, there’s no one I’d want as my special counsel *more* than Michael Dreeben.”

He also explains, “The bottom line of Jack Smith’s #SCOTUS filing is that he wants to ensure, one way or the other, that the issue of Trump’s constitutional immunity from the January 6-related prosecution is conclusively resolved by the end of the Supreme Court’s *current* term (i.e., June 2024).”

This is exactly the right move,” announced noted constitutional law scholar and Harvard University Professor Emeritus Laurence Tribe.  “And SCOTUS should agree to leapfrog the DC Circuit, just as it did in the Nixon tapes case. The issue is purely legal and delay hurts the country.”

Former 30-year federal prosecutor Glenn Kirschner, now an NBC News/MSNBC legal analyst sums up the Special Counsel’s move: “Unwilling to play Trump’s stupid reindeer games, Jack Smith takes the reins and seeks an expedited answer from the Supreme Court on Trump’s baseless claim that he is above the law and can’t be prosecuted for his crimes.”

Watch Weissmann’s explanation of Smith’s move below or at this link.

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

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Jack Smith Asks SCOTUS to Rule on Major Trump Claim in ‘Unexpected Move’

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Special Counsel Jack Smith is asking the conservative-majority U.S. Supreme Court to rule on a major leg of Donald Trump’s defense, that he is immune from any prosecution for actions he took while President.

Smith’s question now before the justices: “Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”

MSNBC on-air called it “an unexpected and fascinating legal move.”

The justices can agree to take up the question or refuse.

The Special Counsel has requested an expedited decision.

READ MORE: Clarence Thomas Vehemently Objects to LGBTQ Conversion Therapy Case Denial by SCOTUS

U.S> District Judge Tanya Chutkan has already ruled Trump can be prosecuted for his efforts to overturn the 2020 election. Trump has appealed and is attempting to put the entire case on hold until a ruling has been made.

“Smith is attempting to bypass the appeals court,” the Associated Press reports. “The request filed Monday for the Supreme Court to take up the matter directly reflects Smith’s desire to keep the trial, currently for March 4, on track and to prevent any delays that could push back the case until after next year’s presidential election.”

 

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