Friday, June 9, 2023

Mar-a-Lago Indictment


At last Trump has been indicted in the Mar-a-Lago documents case.

This is good. Not charging him would tell the world Trump is above the law, and shatter any pretense we are a nation of laws, not men.

There are 38 counts against him and his co-conspirator, personal aide Walt Nauta.


Willful Retention of National Defense Information

18 U.S.C. 793(e)

Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

18 U.S.C. § 1519


Conspiracy to Obstruct Justice

18U.S.C. § 1512(k)

18 U.S.C. § 1512 (b)

18 U.S.C. § 1512(c)


False Statements and Representations

18 U.S.C. §§ 1001(a)


False Statements and Representations

18 U.S.C.§ 1001(a)

I’m disappointed by the one charge not included in the indictment. It was the one crime that would have mandated Trump could never hold office again.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally


Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.


Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.


My theory on why this charge isn’t included is the penalty would apply to an election. Supposedly the FBI is loath to “interfere” in elections, right, James Comey?

Merrick Garland’s Memo on “Election Year Sensitivities” may have had an influence on the decision. I don’t think it should have, but maybe that was part of the reasoning.


The Department of Justice has a strong interest in the prosecution of election-related crimes, such as those involving federal and state campaign finance laws, federal patronage laws, and corruption of the election process. As Department employees, however, we must be particularly sensitive to safeguarding the Department's reputation for fairness, neutrality, and non-partisanship.

Simply put, partisan politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges. Law enforcement officers and prosecutors may never select the timing of public statements (attributed or not), investigative steps, criminal charges, or any other action in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. Such a purpose, or the appearance of such a purpose, is inconsistent with the Department's mission and with the Principles of Federal Prosecution.


We know Trump and the radical Right will howl about “election interference” no matter what, anyway.

But that’s not the worst response in their radical reactionary hysteria.

We already have Republican insurrectionist traitors beating the drums for civil war. They are emulating Trump, when he told his white nationalist "Proud Boys" thugs to "stand back and stand by".

“President Trump said he has "been summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3 PM." This is a perimeter probe from the oppressors. Hold. rPOTUS has this. Buckle up. 1/50K know your bridges. Rock steady calm. That is all.” ~ Rep. Clay Higgins

“We have now reached a war phase. Eye for an eye.” - Rep. Andy Biggs

The DOJ should take these threats seriously.

Mary Trump recently warned us.

There is nothing he won’t do to get away with his crimes. He will turn his followers against the rest of us, he will threaten to destroy the Republican Party if it doesn’t do his bidding (and it will do his bidding). If none of that works, he will burn it all down.

It will get worse before it gets better. It will be frightening, it will be frustrating, and it will be dangerous. But it will get better eventually. If we stick together and refuse to give up hope, it will get better.

The time to take a stand for our Constitution, rule of law, and our democracy is at hand. All Americans of conscience need to unite against the enemies within. We can, and must, vote them all out.


Chuck said...

So I imagine you will be supportive of impeachment and an indictment against Biden for his similar crimes regarding the storing of classified information in his garage. Right? Being a man of the law, how could you not be for similar treatment?

Anonymous said...

Neo-Nazis and Leftism...
Three More Startling and Uncomfortable Ways Today’s Leftists Emulate the Nazi

1. Big corporations collaborated with the Nazis and now with big business collaborates with the Democrats.
Far-left concerns such as Ben & Jerry’s, Starbucks, Nike, Ford, Kohl’s, Pfizer, Gillette, PayPal and most prominently Target are pushing leftist dogma. They are collaborating with the Democrat party just as many corporations - Volkswagen, Hugo Boss, and IBM (That’s a story all by itself) collaborated with the National Socialist Workers' (Nazi) Party.
The egregious actions of far-left corporations like Target and many others absolutely destroy one of the authoritarians’ big lies about the pro-freedom right.

2. Democrats and Nazis have a very disturbing affinity for guillotines.
This is one of those strange and very disturbing commonalities between the Democrat and Nazi parties. Guillotines are ‘featured’ in many an image and references from the fascist far left, “Homophobe Headrest.” On jewelry and T-shirts that were sold at Target.

3. Democrats and Nazis also follow the far-left’s fascination with skulls.

Following along the fascist far-left fascination with guillotines and satanism in Target merchandise, they also seem to have a strange affinity for skulls. Granted, this is seen in other areas, but for the far left, as with their affinity for guillotines, there is an implicit threat attached to these images.

Dave Dubya said...

I'm neither a lawyer nor a lawman, so there's no reason to label me a "man of the law".

I'm just an old-fashioned American who still supports equal justice under law. I would certainly support impeachment or indictment of Biden if he incited a violent mob to storm the Capitol, terrorize congress, and beat cops to overturn a fair election. I would certainly support impeachment or indictment of former President Biden if he had refused to return military and nuclear secret documents that were not legally his, or if he lied to the FBI about them and obstructed their return.

I'm curious how you can't see the difference. Do you let Trump define reality for you?

It's curious that you didn't mention Pence in your question. As I understand it, the word "similar" would apply to Pence and Biden, but not to Trump.

Perhaps you could expand your sense of curiosity far enough to actually read the indictment? And then perhaps your sense of curiosity might seek to understand how the cases are NOT quite "similar".

The charges against Trump are directly due to his refusal to return the documents that are NOT legally his. Other charges are due to his deliberate movement, concealment and obstruction of their return. And then there's lying to his lawyers and to the FBI about them.

If he'd acted in a similar manner of compliance as Pence and Biden, he wouldn't be a federal felony defendant. Well, in the document case, anyway.

Please let me know if you find similar factual evidence of Pence and Biden committing similar crimes, that would compel them to face similar charges as Trump.

When you do that, I'll be happy to join you in calling for their impeachment and indictment.

Dave Dubya said...

How curious of you to comment in the same hour as Chuck...

We can see you two share a similar incurious nature.

Yes, German corporations did "collaborate" with Hitler, after he gained power. What choice did they have?

It's interesting that you call anti-union corporations like Starbucks, Pfizer, and Nike "far left". It seems you don't understand the meaning of "far left". I imagine the same holds true of your understanding of "leftist dogma".

And you didn't even say what the "big lie about the pro-freedom right" is. Could you enlighten me?

And since you mentioned corporations being "Far-left concerns", maybe you can explain why they donate so much money to Republicans?

Total contributions from Pfizer Inc PAC to federal candidates, 2019-2020:

To Democrats

To Republicans

Ford similarly donates to both parties, with the National Republican Senatorial Committee receiving the largest amount.

You seem most obsessed with Target merchandise. What happened to your support of the free market? Oh...I know. YOU want final approval of what you deem politically correct for what a business can sell. And what does that say about the "pro-freedom right"?

Well, it turns out Target donates as much to Republicans as Democrats.

I'm afraid you're the "only one" who can explain this to me. No honest and sane person has ever made such ridiculous claims.

Feel free to not respond. I can see how it may be too much of a strain on your mental capacity. Plus the fact you seem quite terrified of skulls and guillotines.

Maybe you need a safe place?

Shaw Kenawe said...

Dave D.,

How curious it is that similar willfully misinformed Trumpers come to my blog and pretend that what happened in the document cases involving Pence and Biden are the same as what happened in Trump's case.

These people either are the least informed and willfully ignorant on the planet, or they just don't have the mental capacity to understand the differences between the two.

As you pointed out, had Trump just handed over and fully cooperated with the feds, (as Biden and Pence did) he'd be fine. But doing so is not how Trump rolls. He's a despicable liar, cheat, and fraud, and believes he's above the law. Also, he's stupid.

He lies and cheats the way normal people breathe.

I've lost count of the felony indictments he's facing, and there will be more!

This is the crook (oh, excuuuuuuuuse me!, The ALLEGED crook) that the current Republican Party hopes will lead this country again.

The Republican Party, IMO, has gone stark raving mad.

Dave Dubya said...

It's almost as if the MAGAts get a thrill out of displaying their ignorance and stupidity, thinking they are "owning the libs".

My father once said, "There's nothing wrong with their ignorance, but being proud of their ignorance reveals the bottom of humanity".

They really don't want to learn what they don't want to know, as they take their leader's words as the divine message of a savior.

Yup. Just like a fascist cult. A very dangerous fascist cult.

Shaw Kenawe said...

Who was it who said, "We're all born ignorant, but one must work hard to remain that way?"

Dave Dubya said...

The version I heard was, "We're all born ignorant, but one must work hard to remain stupid".
Both reflect the core of MAGA.

The Orwellian nature of the Trump Cult is very disturbing.

Big Brother: "Ignorance is strength."

Trump: "I love the poorly educated."

Big Brother: “The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”

Trump: “Just remember, what you are seeing and what you are reading is not what's happening.”

And this: "A generation of the unteachable is hanging upon us like a necklace of corpses." - George Orwell

Now we have a new generation of similarly regressive authoritarian dolts.

JustMusing said...

Now Alito joins T**** in publicly confessing to ethics crimes.

Dave Dubya said...

Just Musing,
Yes, "ethics schmethics".
The corruption runs deep in the Party of Trump.

Anonymous said...

\\President Biden if he had refused to return military and nuclear secret documents that were not legally his,

He WAS POTUS... so, he was and still have clearance to access and keep in posession of that docs.

That's base claim. Have something to oppose?

Now two more additional arguments

1) There was NO statements provided -- that posession of ANY of that docs was illegal. Like... like expiration of date of book borrowed from library, even.

2) There was NO statements provided -- that there among that docs, was anything dangerous. Threatening domestic or foreign security.

Means... that was just an excuse... to rise the wave in media.

Dirty political trick.

\\Please let me know if you find similar factual evidence of Pence and Biden committing similar crimes, that would compel them to face similar charges as Trump.

Well. Of course.

Cause that wave was directed on Trump. Not Pence or Biden.

Dave Dubya said...

I see your low-information perspective ignores the fact that Trump cannot legally possess and show secret documents to people without security clearance.
He had several opportunities to return the documents, but he refused, and he LIED about returning them.
He could have easily avoided the entire mess, but his narcissistic ego wouldn't let him.