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.

COUNTS 1-31

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

COUNT 32

Conspiracy to Obstruct Justice

18U.S.C. § 1512(k)

18 U.S.C. § 1512 (b)

18 U.S.C. § 1512(c)

COUNT 37

False Statements and Representations

18 U.S.C. §§ 1001(a)

COUNT 38

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

(a)

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.

(b)

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.

STATEMENTS, INVESTIGATIONS, AND CHARGING NEAR AN ELECTION

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.