A Legal Perspective

On Wednesday, Jonathan Turley posted an article about the Georgia indictment of President Trump. The article notes some of the hoops the prosecutor had to jump through to bring the case and some of the possible motives for bringing charges against so many people, but the article also notes the dangers to our republic in this case.

The article reports:

For example, the indictment relies on calls like the controversial one Trump had with Georgia officials—a call long cited as indisputable evidence of an effort at voting fraud. In the call, Trump pushed his demand for a statewide recount. Trump had lost the state by less than 12,000 votes. When officials insisted that there was little likelihood that such a recount would make a difference, he stated, “I just want to find 11,780 votes, which is one more than we have because we won the state.”

The call is still cited as one of those 161 individual steps toward the criminal conspiracy. Even though the indictment effectively repackages the same claims as the federal prosecution, Willis insists that Trump should be effectively tried twice under these allegations.

It is easy to dismiss such a Pollock prosecution as political gamesmanship. The timing alone in bringing the case (which should have been brought two years ago) is enough for many to discount this prosecution. However, it does represent a serious threat to Trump. It has “legs” as an indictment that is not likely to be dismissed in its entirety before trial.

The article concludes:

In covering decades of presidential elections for CBS, NBC, BBC, and Fox, every election has produced challenges, including many with little support. This coverage included multiple challenges by Democratic lawmakers to the certification of Republican presidents in Congress.

It has also included challenges to voting machines.

For example, Marc Elias, who served as Hillary Clinton’s campaign general counsel and played a role in the funding of the infamous Steele dossier on Russian collusion, has challenged past elections on such grounds. After the 2020 election, he challenged one New York election by claiming that “there is reason to believe that voting tabulation machines misread hundreds if not thousands of valid votes as undervotes, and that these tabulation machine errors disproportionately affected [the Democrat].”

That was no crime. Elias had every right to seek judicial review even though the claim was quickly rejected as unfounded.

Many of us disagreed with Trump after the election and publicly rejected the claims of systemic voting fraud. However, Trump had a right to not only challenge the election but to be wrong.

That is why the Willis indictment is a serious threat to Trump but also to our system of democratic process. Pollock once said that “when I am in my painting, I’m not aware of what I’m doing.” Unlike painters, prosecutors do not have the same luxury. What Willis is doing here is excessive and it is dangerous.

Whatever the outcome of this case, it will not be good for the country. It will further divide Americans and cause many of us to lose faith in the concept of equal justice for everyone.

I Know This Is Just An Incredible Coincidence, But…

On Wednesday, PJ Media posted the following headline:

Trump Indictments Conveniently Follow Bad News Days for Joe Biden

The article lists a number of indictments and the events that preceded them:

The classified documents indictment

On June 8, 2023, after weeks of resisting the House Oversight Committee’s requests for the FD-1023 form from 2020 detailing bribery allegations made against Joe Biden, FBI Director Christopher Wray granted the House Oversight Committee access to the document. Mere hours after granting the Oversight Committee access to the document, the news dropped that Special Counsel Jack Smith had indicted Donald Trump over the alleged mishandling of classified documents.

The ‘superseding’ classified documents indictment

Last week, Hunter Biden’s sweetheart plea deal infamously fell apart. The deal, had it been accepted by the judge, would have shielded Hunter Biden from further prosecution in exchange for pleading guilty to two tax misdemeanors and participating in a diversion program for a gun violation. A day later, Special Counsel Jack Smith issued a superseding indictment in the classified documents case. The superseding indictment added two new obstruction charges “based on allegations that the defendants attempted to delete surveillance video footage at The Mar-a-Lago Club in the summer of 2022,” per the court documents.

The January 6 indictment

On Monday, Hunter Biden’s business associate Devon Archer testified at the House Oversight Committee, exposing Joe Biden’s involvement in Hunter Biden’s foreign business dealings. According to Rep. Marjorie Taylor Greene (R-Ga.), Archer testified that “the Bidens were in the actual business of influence peddling.”

The very next day, Smith filed the latest indictment against Trump, this one related to his efforts to challenge the 2020 presidential election results, charging him with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

This is what desperation looks like.

This is so sad for America. When the government can be mobilized to prevent one person from becoming President, it is time for all Americans to sit up and take notice. This is dangerous. Regardless of how you feel about President Trump, someday the shoe may be on the other foot. Would you approve then? If the 2024 election is between President Biden and President Trump, it is a safe bet that the loser will wind up in jail. Is that the way our republic is supposed to operate?