Lawyers/jurors Lyin’ Ted Cruz, Lindsey Graham and Mike Lee met with the president’s defense team yesterday to coordinate Trump’s defense strategy, as good impartial jurors/co-conspirators often do. Democrats have condemned the meeting as “inappropriate”. There appears to be little more that anyone can do to enforce “fairness” in an impeachment trial, as we are reminded over and over that impeachment is a political, not legal, process.
A criminal trial is much different than a political process in the Senate, where presidential supporters who voted that the whole thing was unconstitutional, and lost that motion, can still refrain from following the evidence (or even attending the trial, as many did yesterday, demonstrating their contempt for the process) based on that ephemeral, quasi-legal ground of inchoate “unconstitutionality”. They are also free to coordinate strategy with the defense team, something that would result in harsh penalties if they tried that in a court of law.
One difference between an impeachment and a trial in a court of law is that, in court, once a procedural objection is overcome, it’s done with, irrelevant, may not be considered in jury deliberations. Another difference — juries in criminal trials must listen to all the evidence and decide the case based on evidence presented or the lack of evidence. Neither of those things apply in an impeachment trial where jurors are under no such obligation, may listen to evidence or not, and may (and usually do) vote strictly based on political allegiance.
In a court of law there also that thing called perjury, which all of Mr. Trump’s biggest supporters know is a trap for a compulsive liar with impulse control issues forced to take an oath to tell the truth or repeatedly remember to invoke his privilege against self-incrimination.
So Trump is right not to be too worried about being convicted by his peeps in the Senate, no matter how chaotic and incoherent the improvised defense mounted by his third rate lawyers is. It’s the criminal cases he’s about to face that give private citizen Trump the Heebie Jeebies.
One expected criminal investigation, from the great state of Georgia, hit the news cycle yesterday. It relates to Trump’s several calls to Georgia officials (as well as Lindsey Graham’s, one presumes) to solicit their help in overturning the thrice-counted, duly certified electoral count in that state.
Fulton County DA Fani T. Willis began a criminal investigation into Trump’s calls to solicit conspiracy to commit election fraud under the Georgia Criminal Code. She wrote a businesslike, thorough, letter to the Governor’s office instructing them to preserve all documentary evidence, including emails and texts, relating to the period between the election and January 2 when Raffensberger made the tape of Trump’s latest “perfect call”.
In that recording (made by Raffensberger to protect himself) Trump violates every provision of the Georgia criminal law. The call is like a walk through all the elements of the crime, Trump ticked every box. It’s hard to see any defense for the GOP’s strongman leader in the criminal trial. Mandatory minimum two year sentence, if convicted, if I recall correctly. Let him be convicted, sentenced and appeal all the way up to Amy Coney Barrett. If justice is served in court, he’ll be in prison in time to rant about the 2024 presidential campaign as a guest of the great state of Georgia.
[Fulton County District Attorney Fani T.] Willis, a Democrat, told state officials that her office will examine whether anyone illegally solicited election fraud, made false statements to state and local government officials, made threats, or participated in a criminal conspiracy as part of attempts to influence the election outcome.source
Of course, the timing of this totally unfair witch hunt, by a “colored” female partisan Democrat (pictured below), an obvious Trump-hater from the late John Lewis’s crime-infested anarchist jurisdiction, a hotbed of fraud that Trump claims helped Biden steal, by 11,799 fraudulent votes, the state from the rightfully elected Donald John Trump, is pretty goddamned suspicious.
Or maybe not– what say you, Lindsey?
Oh wait, actually, you could be called as a witness, or even indicted as a co-conspirator, since you also called Georgia elected officials on behalf of your guy, Mr. Trump, to try to convince ’em to do the right thing and toss those dirty Democrat votes.
Sad that in our nation of laws Congressional co-conspirators who knowingly stood on what they had to know was Trump’s Big Lie about a rigged and stolen elections, are not excluded from voting on the guilt or innocence of their partner in crime.
What we need in this impeachment trial are a few witnesses (how about Raffensberger and the Capitol Police officer who lost an eye to the MAGA mob?) to hammer home by their testimony the enormity of the crimes Mr. Trump and his followers committed since losing the presidency in November. Here’s a good analysis from Greg Sargent in today’s Washington Post — Democrats have one big weapon left against Trump. Will they use it?
I’m starting to fear that the next thing we’re going to see in our law and order nation are political assassinations committed by fanatics with nothing to lose, the only thing left to do on the way to the final triumph of the John Birch Society in America.