Did They Wake The Sleeping Giant?

On Friday, The Daily Signal posted an article about the impact and possible consequences of the Democrat’s lawfare against President Trump and his supporters.

The article notes:

It is perhaps hackneyed to observe that, in convicting and seeking to incarcerate a former president and current leading presidential candidate, we have “crossed the Rubicon.” Well …

Did we not cross a Rubicon when the demonic Obama administration sued the nuns—yes, literal nuns—of the Little Sisters of the Poor to try to force them to subsidize abortifacients?

Did we not cross a Rubicon when Democrats threw out 4,000 to 5,000 years of “innocent until proven guilty” civilizational norms to try to derail the U.S. Supreme Court confirmation of Brett Kavanaugh?

Did we not cross a Rubicon when then-vice presidential candidate Kamala Harris solicited funds to bail out anarchic Antifa-Black Lives Matter street hooligans?

Did we not cross a Rubicon when the American Stasi—sorry, the FBI—raided Mar-a-Lago over a document dispute?

Did we not cross a Rubicon when myriad Trump attorneys, including the renowned scholar John Eastman, were prosecuted for practicing the legal profession?

Did we not cross a Rubicon when Peter Navarro or Steve Bannon (just now) were ordered to jail?

The article notes that the Democrats have laid the groundwork for a new era in politics:

Ruinous or not, however, their precedent has now been set. And that raises the obvious question: For Democrats, will all of this, and especially their multifront anti-Trump lawfare, prove to be worth it?

That obvious question, in turn, has an equally obvious answer: absolutely, positively not.

The article notes three things that their lawfare has brought the Democrats–first, they did not get the expected bump in the polls after the verdict in the Trump trial. Second, the trial seriously eroded the faith of Americans in the justice system. And third, the continued lawfare woke up the sleeping political right.

The article concludes:

My friend John Yoo, the Bush-era Justice Department official and law professor normally a bit less pugnacious than yours truly, opined: “Repairing this breach of constitutional norms will require Republicans to follow the age-old maxim: Do unto others as they have done unto you.”

Megyn Kelly, the influential broadcaster who has had a complex relationship with Trump going back to the 2016 GOP presidential primary, said after the verdict: “I’m going to utter words I never thought I would utter in my life: We need Steve Bannon.” The famously combative Bannon appears headed for an unjust four-month prison sentence in a few weeks, but her point stands.

Democrats have no idea what they have unleashed. Perhaps worse, they don’t even care.

Stay tuned.

 

Karma Isn’t Fun

On Wednesday, PJ Media posted an article titled, “What a  Bad Day to Be a Democrat.” The article lists seven reasons for that statement. Please follow the link to read the details.

Here are the seven reasons:

1. By now you’ve heard that the Trump donation site crashed as patriotic Americans, 29.7% of whom were first-time donors, bombarded Trump with over $50 million in about 24 hours after the guilty verdicts, and a grand total of $200 million for the month of May.

2. A poll just out of my home state of Michigan revealed, much to the pain of the wailing, sissy-Mary sitzpinklers on the left, that the 34 guilty verdicts did not hurt Trump but, as America’s favorite commie-hating, radio talk show host/ PJ Media pundit/bourbon-drinking comedian pointed out, likely helped him.

3. New York City decided to incur a $15 “congestion tax” on people who travel south of 60th St. in Manhattan. The commies in charge thought it would be a tasty way to stick it to the profit-grabbing Milburn Pennybags of the Big Apple. 

But on Wednesday, Komrade Kathy Hochul delayed the tax indefinitely until the day after the presidential election because she knows New York State might, actually, possibly vote Republican for the first time in years.

4. As you’ve likely heard, the House Oversight Committee informed America’s notorious tergiversator, Merrick Garland, that it has proof that Hunter Biden and his uncle James Biden lied to Congress, which is a big, fat, juicy felony. The committee recommended criminal investigations.

4.5. The gun case against Hunter is pretty daming. But he is on his own turf, so it’s hard to say how this case will go. If the jury just looks at the facts and doesn’t succumb to the sympathy of the ghost of Hunter’s dead brother Beau, who has already made an appearance, Hunter should be found guilty.

5. Georgia’s sassiest pinko, Fani Willis, might get booted from the Trump prosecution case. That could go either way, but we recently learned that the Trump trial will not proceed until a judge has decided whether or not to send Fani to the showers.

6. Judge Aileen Cannon just might decide that Jack Smith has no legal right to persecute Trump in what the Castromaniacs are calling the “classified documents trial.”

7. The Wall Street Journal released a damning article about how Joe Biden has the mental faculties of a carrot. Biden’s dementia is becoming an inconvenient truth for the Democrats who see voters — especially black and brown people — leaving the Democrat plantation in record numbers.

Almost all of these are ongoing issues. Stay tuned.

Down The Rabbit Hole With The Trump Trial

On Friday, Byron York posted article at The Washington Examiner about some of the insanity surrounding the New York trial of President Trump. A number of laws have been ignored in order to proceed with this trial, and Byron York lists a number of them.

The article reports:

Yes, we know that Trump is charged with falsifying business records of payments made to the porn actress Stormy Daniels in 2016 and 2017. But falsifying business records is a misdemeanor with a two-year statute of limitations, meaning prosecutors would be prohibited from charging Trump with that crime after 2019, which was five years ago. They obviously missed that deadline by a mile.

We also know that New York law allows falsifying business records to be upgraded to a felony if the alleged falsification was done with “intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof.” In that case, the statute of limitations extends to five years, which would have allowed prosecutors to charge Trump as late as 2022. Prosecutors missed that deadline, too.

Trump was indicted in 2023. How did that happen? Because of COVID-19, when New York extended its statute of limitations by a year. That allowed prosecutors to slip the charges in right before the new, one-time-only, six-year extended statute of limitations expired.

But here’s the thing. What was the “intent to commit another crime or aid and conceal the commission thereof” that prosecutors used to raise falsification of business records from a misdemeanor to a felony? In nearly every case of alleged falsification of records that has been charged as a felony in New York, the defendant was charged with another crime — that is, prosecutors made it clear what the other crime was. In Trump’s case, the indictment did not specify any other crime. Manhattan District Attorney Alvin Bragg said the law did not require him to specify the other crime.

So Trump faced felony charges without knowing what he was accused of doing. And the really amazing thing is that the trial is now underway and Bragg has still not specified what the other crime is. It is a key element of the case. Without it, the charges against Trump could never have been brought because they were misdemeanors long past the statute of limitations. It is the other crime that makes this whole prosecution possible. But the prosecutor has not specified what it is.

One of my lawyer friends tells me that a trial must deal with whatever the defendant is charged with in the indictment. The Fifth Amendment “requires a felony charge to be spelled out in an indictment whose criminal elements have been established by probable cause to the satisfaction of a grand jury.” In this case, the prosecutor has not even specified the crime that made the prosecution possible. Is there anyone in the New York State legal system who has actually read the U.S. Constitution?

A Few Comments On The Trump Trial In New York

From Jonathan Turley at The Daily Caller:

Fox News legal analyst and constitutional law professor Jonathan Turley laid out a major problem for Democratic New York Attorney General Letitia James’ civil case against former President Donald Trump on Monday.

James sued Trump in Sept. 2022, accusing him of committed fraud to secure more favorable terms for loans. Judge Arthur Engoron ruled Tuesday that Trump and his businesses exaggerated his net worth and deceived banks and insurance companies.

…“But I also want to note that James’ comments ignore one thing, in front of that courthouse,” Turley continued. “She ran for office on the pledge to bag Donald Trump. She didn’t say on what grounds. She ran to bag him on any grounds, and so she doesn’t have any more credibility in making these comments than did the Trump team, for people who view this as a very political environment. You know, many of us wrote at the time that we were deeply concerned about a candidate for attorney general that was essentially pledging a trophy defendant as the basis for running for office. And she delivered it … And so I think that she has also damaged her own credibility in that effort.”

From Attorney Robert DuChemin at Substack:

…That is why I find it bizarre that New York would go after the Trump Organization for what the state claims are inflated real estate values. It took me only one trial to learn that appraisers say what they are paid to say.

…The case against the Trump organization, however, is not a criminal case. That is why he was not entitled to a jury. Nevertheless, although the Sixth Amendment to the United States Constitution guarantees us the right to jury trials only in criminal cases, the Eighth Amendment prohibits “excessive fines.” Several U.S. Supreme Court decisions have held that any fine designed as “punishment” instead of restitution is excessive. Many intermediate appellate and trial courts have ignored those decisions but some recent comments by members of the current Supremes have indicated they are going to stop the practice.

Therefore, because there were no damages incurred as a result of the alleged fraud, New York will be limited by the Eighth Amendment in their ability to fine the Trump Organization. Anything above court costs and some nominal fine would likely violate the Eighth Amendment.

In short, the New York case is clearly the persecution of a political opponent. If I was the judge I would have thrown out the state’s case immediately. But then again, I am not a judge in a communist state that values party loyalty over truth and justice.

Let’s see if the court acknowledges or abides by the Eighth Amendment. Please follow the link to read the Substack article. Attorney DuChemin definitely has a way with words.