Public hearings serve a subtle function. They permit the minds of the American people to acculturate to the facts and evidence. By laying out the facts that explain what Mr. Trump did, the Jan. 6 hearings can, in advance, help acclimate the public to why the Justice Department has to take criminal action against the former president. The hearings may afford the department a deeper and public explanation of its reasoning than an indictment out of the blue would offer. Public sentiment of this kind could help insulate the department against a claim that it is politically motivated. These hearings may prove to be a bridge between the Justice Department and the public.
Now consider that elusive third audience: the eyes of history. On the one hand, Mr. Garland has to fear being seen as political, and on the other, he knows that the rule of law requires him to bring an indictment if the evidence shows Mr. Trump committed one of the most serious crimes against the United States in our history. Trying to game history is a notoriously fraught enterprise, but it seems certain that if Mr. Garland is to be the first attorney general to bring criminal charges against a former president, having the facts surfaced first by a bipartisan congressional committee would be enormously helpful and provide an evidentiary record that the public today, and historians in the future, could examine.
Of course, critics will complain about the composition of the committee and the like, but those complaints, relatively speaking, are likely to be weaker than they would be if the Justice Department just investigated and prosecuted the case against the former president by itself. Here, Congress has a unique voice because the attack occurred on its members, on their soil.
What would criminal charges against Donald Trump look like? Obstruction of an official proceeding is a serious offense that requires the prosecution to show that a defendant obstructed, or attempted to obstruct, an official proceeding and that the defendant did so corruptly. The official proceeding part of this is clear by law, on Jan. 6, Congress and the vice president must certify the votes. There appears to have been an orchestrated plot by some to try to interfere with that certification the question is really whether the former president was part of that plot. The committee has presented evidence suggesting that Mr. Trump, along with the lawyer John Eastman, and perhaps others such as the former White House chief of staff Mark Meadows and Jeffrey Clark, a former Justice Department official, attempted to interfere with the election certification on Jan. 6. Before the hearings, it was thought that Mr. Trumps defense against this charge is that he genuinely believed that he had won the election and wasnt acting corruptly.
The testimony in last weeks hearing cast immense doubt on that claim. Mr. Trumps close ally, former Attorney General William Barr, testified that he told the president that arguments claiming he had won the election were bullshit. Mr. Trumps daughter Ivanka testified that she believed Mr. Barr. Mr. Trumps own election data people told him the same. Mr. Trump might try to claim he still believed the nonsense, but such an argument would be difficult to make given the array of people who told him in no uncertain terms that he had lost. Mr. Trump persisted, despite the warnings, to try to interfere with the lawful transfer of power. This looks very much like an attempt to obstruct an official proceeding.
The Justice Department could also bring the charge of conspiracy to defraud the United States. A charge of conspiracy requires proof that two or more people agreed to defraud the country. A key feature of conspiracy charges is that the plot need not succeed charges are tethered to the agreement to do something illegal, not to actually pull it off. Prosecutors need not wait until the bomb goes off (or in this case, until the election results are wrongfully thrown out) before bringing charges.
Here is the original post:
Opinion | The Future Criminal Case Against Donald Trump - The New York Times
- North Korea Wants to Convince the World It Can Nuke Hawaii. Donald Trump Is Happy to Oblige. - The Intercept [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump's peculiar obsession with authoritarian leaders - Chicago Tribune [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Does Donald Trump Have Dementia? - The Root [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Has Been Lying About The Size Of His Penthouse - Forbes [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- 'South Park' Creators Skirt Donald Trump Next Season Because Monkey Running Into Wall Can't Be Made Funnier - Deadline [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- AFT President: Betsy DeVos and Donald Trump Are Dismantling Public Education - TIME [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- This is the best news Donald Trump has had in a while - CNN [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Predicts Mideast Peace Is 'Not As Difficult As People Have Thought' - Huffington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- The Donald Trump Zone of Uncertainty shows up in the health-care debate - Washington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump - The New York Times [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Make America Great Again! | Donald J Trump for President [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Stephen Colbert Defends Donald Trump Jokes After Controversy Erupted - NBCNews.com [Last Updated On: May 4th, 2017] [Originally Added On: May 4th, 2017]
- Donald Trump May Have Exaggerated the Size of Something Else - Vanity Fair [Last Updated On: May 4th, 2017] [Originally Added On: May 4th, 2017]
- Amanda Knox: Donald Trump supported me when I was wrongly accused of murder. What do I owe him? - Los Angeles Times [Last Updated On: May 4th, 2017] [Originally Added On: May 4th, 2017]
- Donald Trump Says Peace in the Middle East Is 'Not as Difficult as People Have Thought' - Newsweek [Last Updated On: May 4th, 2017] [Originally Added On: May 4th, 2017]
- Donald Trump says he's a big fan of history. But he doesn't seem to trust historians. - Washington Post [Last Updated On: May 4th, 2017] [Originally Added On: May 4th, 2017]
- Donald Trump Deletes Tweet Calling Mahmoud Abbas Meeting 'an Honor' - Newsweek [Last Updated On: May 6th, 2017] [Originally Added On: May 6th, 2017]
- FCC to Investigate Stephen Colbert Over Controversial Donald Trump Joke - Variety [Last Updated On: May 6th, 2017] [Originally Added On: May 6th, 2017]
- How Trump won another unlikely victory - CNN [Last Updated On: May 6th, 2017] [Originally Added On: May 6th, 2017]
- Donald Trump's Tweets of the Week: Blasting North Korea, Shading the Democrats, Winning Bigly - Newsweek [Last Updated On: May 6th, 2017] [Originally Added On: May 6th, 2017]
- All Major TV Networks Block Trump's 'Fake News' Ad - Variety [Last Updated On: May 6th, 2017] [Originally Added On: May 6th, 2017]
- Martha Stewart Appears to Give Donald Trump the Middle Finger - Vanity Fair [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Outside Donald Trump's offices, pigs will fly - The indy100 (satire) [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- President Trump seizes on election rules to push his agenda in new ways - USA TODAY [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Donald Trump finally gets a bill passed but his history of dealmaking is still full of failure - Salon [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Donald Trump's Star Gets the Toilet Treatment ... Wanna 'Take a Trump?' - TMZ.com [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Why Emmanuel Macron is the anti-Donald Trump - CNN [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Donald Trump's highly abnormal presidency: a running guide for May - VICE News [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Donald Trump Urges Senate Republicans to 'Not Let the American People Down' on Health Care - TIME [Last Updated On: May 8th, 2017] [Originally Added On: May 8th, 2017]
- Donald Trump wants to ramp up America's presence in Afghanistan - Salon [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Trevor Noah: Donald Trump Is 'Comedy Cocaine' - Variety [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Donald Trump says Congress has too much power. He's wrong. - USA TODAY [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Republicans abandon their virtues to stand behind Donald Trump and clap - Chicago Tribune [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Donald Trump's New Website Features Military Personnel, Tweets, Merchandise - Newsweek [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Donald Trump Can't Stop His Team from Undermining Him - GQ Magazine [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Pipelines and Donald Trump: British Columbia Goes to the Polls - New York Times [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Trump made one of his own tweets into a Twitter header. Cue the Twitter shade. - CNN [Last Updated On: May 9th, 2017] [Originally Added On: May 9th, 2017]
- Read Donald Trump's Interview With TIME on Being President - TIME [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump Thinks He Invented a Phrase That's Been Around Since 1932 - Vanity Fair [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump After Hours - TIME [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump Is Launching a Panel to Investigate Voter Fraud - Fortune [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump thinks he invented the phrase 'priming the pump.' That's telling. - CNN [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- What Donald Trump doesn't understand about the federal government - Washington Post [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump, 'Brexit,' Snapchat: Your Thursday Briefing - New York Times [Last Updated On: May 11th, 2017] [Originally Added On: May 11th, 2017]
- Donald Trump Backslides on Campaign Promise To Curb Legal Immigration - Breitbart News [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- James Comey, Donald Trump, San Antonio Spurs: Your Friday ... - New York Times [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- Donald Trump's Financial Ties to Russian Oligarchs and Mobsters Detailed In Explosive New Documentary from the ... - AlterNet [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- WikiLeaks Offering $100000 For Donald Trump's 'Comey Tapes' - HuffPost [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- Donald Trump's tax law firm has 'deep' ties to Russia - ABC News [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- Is Donald Trump boosting the economy? Goldman finds mixed signals - MarketWatch [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- Does Donald Trump want to be president? - Fox News [Last Updated On: May 13th, 2017] [Originally Added On: May 13th, 2017]
- Donald Trump la Mode - New York Times [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Yet another reason Donald Trump is bad news: He's utterly lacking in integrative complexity and that's dangerous - Salon [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Today Marks Trump's Twenty-First Visit to a Golf Club Since Becoming President - Vanity Fair [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Who Is Mary Anne Trump? Donald Trump's Immigrant Mother Came To America For A Better Life - Newsweek [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Twitter CEO Jack Dorsey supports Donald Trump's use of the social media platform - Los Angeles Times [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Donald Trump's Mother's Day proclamation is straight out of The Handmaid's Tale - Quartz [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- See Alec Baldwin's Donald Trump Dismiss Nixon... - RollingStone.com [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Donald Trump Is Reportedly Considering Blowing Up the West Wing - Vanity Fair [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- 'Our Institutions Are Under Assault' - HuffPost [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- Donald Trump's disastrously bad week in Washington - CNN [Last Updated On: May 14th, 2017] [Originally Added On: May 14th, 2017]
- What Donald Trump said about the spread of classified material during the campaign - PolitiFact [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Donald Trump's plan to disenfranchise minority voters - The Hill (blog) [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Donald Trump, douard Philippe, Ransomware: Your Tuesday Briefing - New York Times [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Republican Congress won't rein in Donald Trump - USA TODAY [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Donald Trump Is a Stress Test for Democracy and We Are Failing - Slate Magazine [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Donald Trump, Ransomware, North Carolina: Your Tuesday Briefing - New York Times [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Donald Trump, Israel, Erdogan: Your Tuesday Evening Briefing - New York Times [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- Can Donald Trump Be Trusted With State Secrets? - New York Times [Last Updated On: May 17th, 2017] [Originally Added On: May 17th, 2017]
- KING: Donald Trump has reached peak white privilege - New York Daily News [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- How Trump learned about the special prosecutor - Politico [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Stephen Colbert Uses 'Let It Go' From 'Frozen' To Mock Donald Trump - HuffPost [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Donald Trump Said Saudi Arabia Was Behind 9/11. Now He's Going There on His First Foreign Trip. - The Intercept [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Chinese propagandists are using adorable kids to take on Donald Trump - Washington Post [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Donald Trump, Emmanuel Macron, Google: Your Thursday Briefing - New York Times [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Trump's Loyalty Test - TIME [Last Updated On: May 18th, 2017] [Originally Added On: May 18th, 2017]
- Donald Trump: Come out, come out, wherever you are - The Hill (blog) [Last Updated On: May 20th, 2017] [Originally Added On: May 20th, 2017]
- Donald Trump May Be Causing Problems For Disney World - HuffPost [Last Updated On: May 20th, 2017] [Originally Added On: May 20th, 2017]
- Don't underestimate Donald Trump - Chicago Tribune [Last Updated On: May 20th, 2017] [Originally Added On: May 20th, 2017]
- A Prayer for Donald Trump - New York Times [Last Updated On: May 20th, 2017] [Originally Added On: May 20th, 2017]