Justice Matters with Glenn Kirschner: Recent Episodes
Glenn Kirschner
Join Glenn Kirschner, NBC News/MSNBC legal analyst and former Assistant U.S. Attorney at the D.C. U.S Attorney's Office as he brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. For 30 years, Glenn argued to juries, breaking down complex legal issues in ways that were universally understandable and relatable. He brings that same approach to his analysis of today's troubled legal landscape.
After hearing extensive evidence of election crimes from Donald Trump and his many criminal associates, the Georgia state special grand jury recommended indicting 40 individuals. However, the RICO indictment that was issued in Georgia charges only 19 of them with crimes. Glenn says there are many different ways this could play out in court. Then, Trump is on pretrial release in four felony cases, and yet, he continues to lie in ways that are likely to poison future jury pools. Glenn says that judges or prosecutors need to step up and take Trump to task, placing reasonable limits on his public lies that are deeply damaging to the right of the American people to a fair trial.
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A federal judge just ruled that Mark Meadows failed to even make the minimal showing that his Georgia RICO prosecution should be transferred from state court to federal court. This finding is likely to be fatal to any effort Trump may have mounted to try to move HIS case to federal court. Glenn says this ruling means Meadows, Trump and their other criminal associates and co-conspirators will be tried in Georgia state court, and the trial will be televised and live-streamed for all to see. Then, the Georgia state special grand jury that hears the evidence in the Georgia state elections crimes investigation recommended that Sen. Lindsey Graham, Mike Flynn and others should be indicted for their crimes. Glenn explains what should happen next, and what WILL happen next.
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DC federal court judge Beryl Howell has ruled that Rudy Giuliani is liable for lying about and defaming Georgia election workers Shaye Moss and her mother Ruby Freeman. The lawsuit brought by Moss and Freeman will now move on to the damages phase for a jury to determine how much Giuliani will have to pay the two woman in compensatory and punitive damages. Glenn says "How do you return the sense of security that Rudy Giuliani stole from them? " Then, disgraced and sanctioned attorney Sidney Powell has made an astonishing claim in a court filing in her RICO case in Georgia. Glenn wonders if she has even more sanctions heading her way?
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Glenn was in the courtroom for the status hearing in Donald Trump's federal case in DC for attempting to overturn the 2020 presidential election. Donald Trump's lead attorney, John Lauro, started out the hearing loud and then got even louder. Indeed, Judge Chutkan twice told Lauro to "take the temperature down." Glenn reviews the ins and outs of the court hearing and discusses why Judge Chutkan may have settled on a March 2024 trial date for Trump's DC case. Then, Rolling Stone reported that, "Jack Smith's Team Grilled Witnesses About Rudy Giuliani's Drinking." Giuliani's intoxication may actually be relevant to one of Donald Trump's possible defense tactics to the criminal charges for his attempt to overturn the results of the 2020 presidential election: an "advice of counsel" defense. Glenn discusses why prosecutors often investigate matters of intoxication vis-a-vis with defendants, witnesses, and, yes, attorneys.
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Mark Meadows has been indicted in a Georgia state RICO case for being part of a criminal enterprise to overturn the results of the presidential election in Georgia in 2020. Meadows filed a motion to have his prosecution transferred from Georgia state court to federal court, claiming he was acting within the scope of his official duties as Chief of Staff to the President of the United States. Glenn explains why Meadows' motion should be denied. He also discusses a recent case where a prosecution was successfully transferred from a state court to a federal court, and how that case is dramatically different from Meadows' case.
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Of the 19 co-defendants indicted in Georgia's election interference case, two have thus far demanded a speedy trial. A trial has been set for October 23, 2023. But in the event those two defendants, Kenneth Chesebro and Sidney Powell go to trial first, this could end up doing serious damage to Donald Trump in the court of public opinion. Glenn does a deep dive into trial tactics when a trial is held involving only a small subset of RICO co-defendants.
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This time in our longform weekend podcast - Glenn talks about the first mugshot of Donald Trump and the first scheduled trial in the Georgia RICO case. Kenneth Chesebro's trial has been set for October 2023, but thus far he's the ONLY defendant of the 19 indicted co-conspirators who is set for trial. So at this moment - the Cheese stands alone! What's really behind Chesebro's demand for a speedy trial? Glenn dishes up some of his theories. Then, he discusses some big developments in the inner circles of MAGA world when a Trump attorney, Stanley Woodward, was removed from representing a witness, Yuscil Taveras, who was the IT Director at Mar-a-Lago. The minute Tareras got conflict-free counsel, he flipped on Trump. Glenn says it seems like Trump World is beginning to crumble. Then finally he talks about the Trump mugshot and how it's being used to grift even more money from his MAGA supporters. Immediately after it was released, Donald Trump's campaign website began selling mugshot-branded merchandise. Glenn says it's sad and Trump's people don't deserve to be swindled.
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Donald Trump's lawyers made an absurd request of Judge Tanya Chutkan, asking her to put off Trump's DC trial for attempting to overturn the results of the presidential election until April 2026.
Special Counsel Jack Smith and his team of federal prosecutors filed their reply, and they debunked and/or put in accurate context the ridiculous claims Trump's lawyers dumped into their court filing.
In reading Smith's 6-page court filing, it becomes crystal clear that, in Smith and his team, we the people have a fierce advocate for a speedy trial, for the rule of law, and for the pursuit of justice.
Then Glenn's next topic is about one of Trump's employees.
The world of Trump is crumbling. Many of the witnesses who could incriminate Donald Trump are being represented by Trump world attorneys: lawyers being paid with Trump PAC money. One such lawyer, Stanley Woodward, was representing a witness named Yuscil Taveras, the former IT Director at Mar-a-Lago. Woodward also represents Trump's co-defendant Walt Nauta.
Taveras testified before the grand jury and, according the a court filing by Special Counsel Jack Smith, Taveras lied, with those lies having the effect of protecting Nauta and Trump. This represents a clear conflict of interest for attorney Woodward, as one of Woodward's clients committed crimes to protect another of Woodward's clients. Accordingly, Jack Smith filed a motion to get a conflict free attorney appointed to represent Taveras. Once Taveras had a lawyer who was zealously and ethically representing HIS interests, he retracted his lies and told the truth, implicating/incriminating Nauta and Trump.
This podcast explores all these issues and highlights the importance of the 6th Amendment's guarantee of not only counsel but conflict-free counsel.
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We all know that Donald Trump is being prosecuted in four criminal cases. Glenn says it's curious that Trump just posted that he's fighting "7 cases (that are) all about election interference." Of course, the only one who interfered in an election is Donald Trump and his co-conspirators, many of whom are now indicted in a RICO case in Georgia. But Donald Trump's numbers don't really add up. Unless he has been informed that he's about to be indicted in multiple states for the very same fake elector scheme for which he stands indicted in Georgia. Glenn discusses why Trump should soon find himself indicted in other states where he and his co-conspirators tried to steal the 2020 presidential election. Next, Donald Trump has gotten away with intimidation, harassing and threatening language and posts for so long, that it's refreshing to have a judge finally place a gag order on Trump, prohibiting certain types of speech and posts. Glenn reviews the bond and release order just signed by Judge McAfee in Trump's Georgia RICO case.
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Donald Trump's former lawyer Rudy Giuliani is a co-conspirator in his federal case in Washington DC and a co-conspirator in his RICO case in Georgia. BUT - there are still no signs that he's cooperating with prosecutors and flipping on his former boss. Glenn says that's ok because he wouldn't be a good witness anyway. Then he talks about his current attorneys who are again acting more like campaign managers. They claim they need 3 years to prepare for his federal trial in Washington DC for trying to overturn Biden's win in the 2020 election. Glenn says they also want more time to intimidate, harass, and threaten all the people involved.
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In today's longform podcast - Glenn talks about Donald Trump's continued dangerous rhetoric which is inspiring and inciting his supporters to violence. He discusses the recent threats against Judge Tanya Chutkan and the Georgia grand jurors. He explains how detaining Trump pending trial will help neutralize the ongoing threat. Then, dueling trial date proposals in Trump's DC prosecution - Glenn discusses Jack Smith proposing January 2nd 2024 and Trump's defense attorneys absurdly proposing April 2026. Next, after being released by the DC judge and being told that the "most important condition of his release" was that he NOT commit any crimes - federal, state or local - while on release, Trump almost immediately violated those conditions by unlawfully attempting to influence a grand jury witness in Georgia. Glenn says this should result in Trump being revoked on release and detained pending trial. Then finally, as victims of Trump's conspiracy to deprive the American people of their voting rights, American voters have federal statutory rights under the Crime Victims' Rights Act to view the January 6th trial and many people feel it should be aired live on TV for everyone to watch. Glenn says you should copy the following paragraph and send it to your elected officials because you have a right to watch it and MAGA should see what he actually did.
Call to action: Please copy and share! Ask for your right to view Trump's trial!
Dear _____________ (elected official),
In Count 4 of his most recent indictment, Donald Trump is charged with victimizing the American voters by conspiring to deprive us of our right to vote. As crime victims, the American people have a right "not to be excluded" from Trump's trial, which will be held in Washington, DC. I am asserting my rights under the Crime Victims' Rights Act, 18 US Code section 3771(a)(3), not to be excluded from the trial. Given that the courtroom has a limited capacity, if the trial is not televised, I will be excluded from the courtroom in violation of my federal legal statutory rights. Accordingly, I respectfully request that you do everything in your power to ensure that my legal right to attend Donald Trump's trial is not violated. Thank you
Sincerely,
________________________
Name
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Donald Trump and 18 others have now been indicted by an Atlanta grand jury. They face sweeping racketeering charges stemming from their efforts to overturn the 2020 presidential election. Glenn breaks down the details of the indictment and explains the punishments if found guilty. Trump now has 2 indictments for attempting to steal Joe Biden's win in the 2020 election. Glenn explains the differences and similarities between Jack Smith's federal indictment and Fani Willis' Georgia state indictment. And then finally, he spells out the very distinctive rules regarding pardons in Georgia and it's not good news for Trump.
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Donald Trump posted on his social media platform that Georgia’s former Lt. Governor Geoff Duncan “shouldn’t” testify in grand jury proceedings this week regarding allegations that Trump attempted to overturn the 2020 election results in the state and some legal analysts are saying the post could be witness intimidation or tampering. Witness tampering is against the law and he was warned by a federal judge not to do so. Glenn says Trump is influencing a witness and according to Georgia state law is subject to felony charges. During Trump's arraignment hearing in Washington DC the magistrate judge told him he is not to commit any crime while on release. But he continues to tamper with witnesses. Glenn wonders if he is he inching closer to pre-trial detention?
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During Special Counsel Jack Smith's investigations in January - we just learned he obtained a search warrant that ordered Twitter to hand over documents relating to Donald Trump's profile. Glenn says Smith likely gleaned other electronic evidence as well. Then, the judge in the federal January 6th case - Tonya Chutkan, said that Trump's political campaign has to yield to the orderly administration of justice and she warned him against inflammatory statements with those involved in the case. But Trump is continuing to post incendiary rhetoric. Is Trump daring her for a speedy trial or outright contempt of court?
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In today's longform weekend podcast - Glenn gives us an update on Donald Trump's federal election interference trial. First, Special Counsel Jack Smith proposes a speedy trial date in the DC case to fulfill the people's right. Glenn talks about how the Speedy Trial Act has taken the spotlight and in the court filing by the DOJ - he discusses how Jack Smith corrects Trump's attorney John Lauro, on who the Speedy Trial Act actually benefits. Then, people are saying Lauro is acting more like a campaign chairman than a lawyer - spreading Trump's propaganda in and out of court. Glenn explains why that's unprofessional and says he should be referred to the Bar Counsel for misconduct. And finally, many people feel the January 6th trial should be aired live on TV for everyone to watch. Glenn says you should copy the following paragraph and send it to your elected officials because you have a right to watch it.
Call to action: Please copy and share! Ask for your right to view Trump's trial!
Dear _____________ (elected official),
In Count 4 of his most recent indictment, Donald Trump is charged with victimizing the American voters by conspiring to deprive us of our right to vote. As crime victims, the American people have a right "not to be excluded" from Trump's trial, which will be held in Washington, DC. I am asserting my rights under the Crime Victims' Rights Act, 18 US Code section 3771(a)(3), not to be excluded from the trial. Given that the courtroom has a limited capacity, if the trial is not televised, I will be excluded from the courtroom in violation of my federal legal statutory rights. Accordingly, I respectfully request that you do everything in your power to ensure that my legal right to attend Donald Trump's trial is not violated. Thank you
Sincerely,
________________________
Name
Summary
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Today - Glenn explains how you can assert your right to watch the January 6th criminal trial of Donald Trump.
Call to action: Please copy and share! Ask for your right to view Trump's trial!
Dear _____________ (elected official),
In Count 4 of his most recent indictment, Donald Trump is charged with victimizing the American voters by conspiring to deprive us of our right to vote. As crime victims, the American people have a right "not to be excluded" from Trump's trial, which will be held in Washington, DC. I am asserting my rights under the Crime Victims' Rights Act, 18 US Code section 3771(a)(3), not to be excluded from the trial. Given that the courtroom has a limited capacity, if the trial is not televised, I will be excluded from the courtroom in violation of my federal legal statutory rights. Accordingly, I respectfully request that you do everything in your power to ensure that my legal right to attend Donald Trump's trial is not violated. Thank you
Sincerely,
________________________
Name
See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Donald Trump's lawyer, John Lauro, is going on TV trying to undermine the public's confidence in the January 6th election interference case by discrediting the judge, the prosecutors, and the courts. Glenn reminds us: Judge Chutkan don't play. During a TV interview on NBC - Lauro claimed Trump only made a technical violation of the constitution but didn't actually commit a crime. Constitutional Law Scholar Congressman Jamie Raskin says it's still a violation. Glenn says "Don't buy into the propaganda of Donald Trump".
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When Donald Trump was arraigned on his recent criminal indictment for election interference - the magistrate judge instructed him that he is not to tamper with witnesses. But directly following this Trump posted "If you go after me, I'm coming after you!". Special Counsel Jack Smith, siting this post, requested a protective order asking Judge Chutkan to bar him from disclosing evidence to the public. Glenn explains what a Show Cause order is. He says Judge Chutkan will not fall for Trump's excuses for his threatening posts. Glenn wonders if he will post threats again, violating the order not to tamper with witnesses and be sent to jail.
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Donald Trump has finally been indicted for trying to overturn the 2020 election. Glenn says he watched the arraignment from the overflow courtroom in Washington D.C. First off - he gives us a review of the charges in the indictment and how much time Trump is facing if he is found guilty. Then he describes the character of the judge presiding over the case - Tanya Chutkan - who he met in court back when he was a federal prosecutor. Glenn says Trump has met his match. Next, the indictment mentions by description 6 unnamed co-conspirators. Glenn ponders why they are listed in the indictment but not charged? Then, Glenn discusses whether Trump's election interference trial should be televised. And finally, he gives an overview of the arraignment from inside the courtroom.
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Donald Trump is finally indicted in federal district court for trying to overturn the results of the 2020 presidential election. Glenn reads off the 4 counts he is charged with and the description of the 6 co-conspirators. He then gives his predictions about who the co-conspirators are and wonders if they are already charged but still under seal. He also talks about his history with the Washington DC judge assigned to the case - Tanya Chutkan. Then, reading through the indictment - we see witnesses who have given evidence of Trump's crimes to the prosecutors. Glenn highlights the most important ones and tells us why the evidence is crucial to the case.
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In a recent interview, Fulton County D.A. Fani Willis says that she will announce charging decisions by September 1st in her investigation into efforts by Donald Trump and his allies to overturn the 2020 election. Glenn says the judge in the case has cleared the way for her indictment. Then during an interview on MSNBC, 2024 Presidential hopeful Chris Christie said former Trump White House chief of staff Mark Meadows seems to be cooperating with federal prosecutors. Glenn agrees with Christie and points out a few reasons why he may be right.
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Special Counsel Jack Smith's federal prosecutors have added a bonus indictment against Donald Trump - charging him and his employees with trying to erase video evidence of people hiding boxes of classified documents. Glenn explains why this is a key factor to the case. Then, he discusses conspiracy charges. These crimes have special rules because there is more than one person involved. Glenn gives a Team Justice class on conspiracy cases, how it applies to Trump, and why the law bends normal court rules for this type of charge.
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This time in our longform weekend podcast, Glenn again recaps the legal stories of the week. First up: Rudy Giuliani has admitted in court that he lied about 2 Georgia election workers - Shay Moss and Ruby Freeman. Glenn says this warms his heart. Second: Hunter Biden has pleaded not guilty after his plea breaks down in court. Glenn explains - this actually happens a lot more often than you think. Third: We knew that there was a search warrant executed at Mar-a-Lago. But when a court filing was unsealed this week we learned there were actually EIGHT search warrants obtained in connection with the investigation of Trump's documents crimes. Glenn wonders - so what's with the other seven search warrants? And fourth: The new Trump indictment includes new counts of obstruction and willful retention of national defense information. Prosecutors also added a third defendant to the case: Mar-a-Lago property manager Carlos De Oliveira, who they say schemed with Trump and his valet, Walt Nauta, to conceal the footage from investigators. Glenn explains how the law works for co-conspirators. Then winding it up, another discussion on reform. Republicans in congress attempted to help Donald Trump steal the 2020 election from Joe Biden and change our democracy to a dictatorship. They asked for pardons because they knew they broke the law. Glenn says "Is personal responsibility in today's Republican party an oxymoron?"
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A recently unsealed court motion reveals that the Department of Justice obtained and executed 8 search warrants while investigating Donald Trump's obstruction and documents crimes. The warrants and affidavits were filed in connection with the federal case involving Trump's mishandling of classified documents. We know about the warrant at Mar-a-Lago because Trump told everyone - but what were the other seven? Glenn guesses that the other warrants were not for his other properties because Trump would have blabbed about it and grifted off it.
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Former White House Chief of Staff Mark Meadows seems to be out of the public eye lately. Glenn wonders if he will be a star prosecution witness against Donald Trump at trial or will he be a co-defendant with Trump when the January 6th indictment drops? Meadows has testified to a federal grand jury hearing evidence about the plot to overthrow Biden's win in the 2020 election. Glenn questions if he plead the 5th when he testified or did he flip on Trump and tell them everything. He points out a few clues that show he was probably uncooperative.
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Donald Trump received a target letter from Special Counsel Jack Smith warning him he's about to be indicted for his illegal schemes to try and stay in power after the 2020 election. Glenn breaks down the 3 charges in the letter. Then, as the January 6th House Select Committee wrapped up their investigation - they referred some of Trump's crimes to the Department of Justice. One of the charges they referred was left out of the target letter sent to Trump. Glenn explains - there's a reason that this one charge is very important.
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In today's longform weekend podcast - Glenn recaps the Trump legal stories of the week. First, Glenn talks about Florida Judge Aileen Cannon who has made a ruling on when the classified documents trial should be held. Glenn says she split the difference between both parties. Next, there's new information about Trump's Georgia state election crimes as reports now say that DA Fani Willis will bring RICO charges to the table when indictments are announced. Then, Glenn discusses Donald Trump revealing he received a target letter warning him he is about to be indicted for trying to overturn Biden's win in the 2020 election. Glenn explains what target letters are and explores the 3 different charges that are listed in the target letter. And finally, Glenn talks about the need to reform ethics in government. Trump committed many crimes and the GOP ignored it as it happened. How can we fix this in the future? Glenn talks about his idea to reform ethics in government, misprision of a felony, and adding 22 words to the oath of office to make government workers more accountable.
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Trump-appointed Judge Aileen Cannon heard arguments from the prosecutors and from Donald Trump's attorneys about what date his classified documents case should go to trial. Glenn gives his take on the timing. Plus, Donald Trump's new favorite legal mantra.
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Donald Trump has announced that he's been officially informed that he's a target of the federal insurrection investigation. Glenn says this means Special Counsel Jack Smith is ready to ask the grand jury to indict him for inciting the January 6th riots at the capitol and for his part in trying to overturn Biden's win in the 2020 election. Now Trump has some big decisions to make and he has 4 days to decide. Will he appear before the grand jury to testify? Glenn explains what he thinks Trump will do and what will happen next.
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Donald Trump recently complained on his website Truth Social, that he is being treated unfairly because Biden wasn't being charged for having classified documents. During his rant, Trump asked why Biden wasn't being charged with the Insurrection Act. Did he say the wrong thing and accidentally spill the beans because he got a target letter from Special Counsel Jack Smith? Then, Glenn talks about the probe into Donald Trump's efforts to overturn the 2020 election. Trump's son-in-law Jared Kushner testified before the grand jury and was asked if Trump knew the election wasn't stolen. Is it possible that Jared lied and could be facing charges now as well?
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In today's longform weekend podcast - Glenn gives us his usual legal recap of the week. First story: Dueling briefs. Attorneys for Donald Trump have filed a motion in court to try to postpone his Florida classified documents trial. Following this, Special Counsel Jack Smith replied with his own brief telling Judge Cannon - Trump's filing had no legal basis to postpone the trial indefinitely. Second story: House Blames FBI. During a tense hearing - the House judiciary committee led by congressman Jim Jordan accused FBI Director Chris Wray of being partisan. Are they discrediting the FBI to help Trump in the January 6th investigation? Or are they hoping to interfere with the January 6th probe because they are afraid they will be charged? Then, Fulton County DA Fani Willis has impaneled 2 grand juries in the Georgia election tampering probe. Glenn explains what a grand jury is and what the 5th Amendment says about them. He gives us a master class on how they are selected and how they decide on cases.
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Attorneys for Donald Trump have filed a motion in court asking to postpone his Florida classified documents trial indefinitely. Glenn says the excuses he gave Judge Eileen Cannon are ridiculous. Then, it seems the Department of Justice has finally righted a wrong and changed their minds in the E. Jean Carroll case. They have now decided to abandon plans to defend Trump in the lawsuit - saying in a court filing that they no longer believe he was acting within the scope of his presidential duties when he defamed her in 2019. Glenn says "Better late than never!"
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Special Counsel Jack Smith is investigating a tumultuous Oval Office meeting back in December of 2020 where Donald Trump was plotting to remain in power by stealing state voting machines to claim voter fraud. Even though no voting machines were ever actually taken - Glenn explains why beginning to commit a crime but not finishing the act is also breaking the law. Then, he gives a Team Justice class with some examples of how you can be charged with conspiracy and details why Trump is caught red handed in this.
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Today Glenn discusses Donald Trump's co-conspirator in the classified documents case - Walt Nauta. He has now pleaded not guilty in Florida and people are asking - can he still flip on Trump or is it too late? Glenn explains Special Counsel Jack Smith's prosecutors are likely still trying to get him to cooperate. Then he looks back in time when he was still a federal prosecutor and relates how he's flipped stubborn witnesses in the past.
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Today on Justice Matters - Glenn does his weekly legal recap and talks about the art of flipping a defendant. First up in the legal re-cap: Donald Trump is ramping up more dangerous rhetoric and social media posts and no one seems to be able to stop it. Glenn explains how his speech is dangerous to individuals and to the nation. Examples of recent danger - Trump posting Obama's address and his follower Taylor Taranto heads to his house and gets arrested. AND Trump posts on his social media that Special Counsel Jack Smith should be "put out to rest." Next, Glenn explains the legal standard for pretrial detention - is the person a danger to the community or a flight risk? Then, he talks about the various ways to flip a witness or defendant. A witness who has committed a crime can be a difficult problem for prosecutors. So how do you get them to flip and give truthful testimony? Then finally he speculates that Rudy Giuliani and Mark Meadows may be on the verge of flipping against Trump after following the bread crumbs of clues left by prosecutors.
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New reports and an MSNBC interview with President Biden have shown that there's worldwide criticism of the DOJ's and FBI's handling of the January 6th investigation. Glenn wonders why our federal law enforcement agencies hesitate to hold accountable the ruling class criminals. Then another reckless social media post by Donald Trump has this time endangered president Barack Obama by giving out private information about him. Glenn askes - when will Trump's dangerous conduct finally be addressed?
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This time, Glenn discusses the recent controversial and historic rulings of the Supreme Court. Historic not only for the court's sharp right turn, but for the highly-charged opinions that revealed the court's deep divide on the biggest issues of our time: race, education, and gay rights. Were the rulings set up and purchased by billionaires with dark money and lavish gifts? Then, he talks about Special Counsel Jack Smith's election tampering investigation. New details about the fake elector plot are still emerging and many of Trump's closest allies are making proffer deals. Does this mean they are flipping on Trump to avoid being indicted?
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After a long list of changing excuses - Donald Trump is now claiming he was just bragging and lying during his recording at his golf club in Bedminster, New Jersey when he was showing off classified military documents on Iran. Glenn explains Trump's statements fall into 3 categories that Jack Smith can use against him during his trial. Then, he switches gears and discusses Rudy Giuliani who has now met with Jack Smith's federal prosecutors. Did he plead the fifth or did he flip to avoid being charged? Glenn assumes that he is probably trying to avoid being indicted or perhaps he's trying to get the best plea offer he could get and he explains how this will play out for Rudy.
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In Glenn's longform weekend podcast he again runs down this week's legal recap. First he discusses the ever changing excuses of Donald Trump when asked about the newly released audio of him sharing classified military documents on Iran. Then, he talks about Trump's former lawyer - Rudy Giuliani - who has reportedly reached a proffer agreement with the D.O.J. Did Rudy flip on Teflon Don for a "Sweetheart Deal"? Next, Glenn unpacks the recent heart-breaking unsound decisions by the Supreme Court: gutting Affirmative Action in colleges; striking down Biden's student-loan plan; and siding with a web designer in a blow to LGBTQ protections. Then winding it up - he gives ideas on what we can do about a corrupt Supreme Court and how we can change the odds in our favor.
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In today's podcast - Glenn discusses the foot in mouth problems of Donald Trump. First, he talks about Trump's speech at the Road to Majority Conference in Washington where he claimed he has the absolute right to take classified documents because the Presidential Records Act made it legal. On NBC's Meet the Press, Congressman Don Bacon was the only brave voice to claim the emperor has no clothes and said "Sharing classified Iran documents is a crime". Next, Glenn shares Trump's recent social media post where he screams in all caps that Jack Smith is a psycho and deranged and that he should be charging President Biden with some made up crime. Only 6 thousand people reposted it. Is Trump losing his appeal? Then he dissects the audio of the 2021 recording in Bedminster, New Jersey - where Trump talks about his secret documents that were NOT declassified. Trump's violations of our nation's espionage laws were caught on tape in his own voice. Glenn explains how important this is.
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Today - Glenn has an update on Special Counsel Jack Smith's latest activities as he continues to investigate the crimes of Donald Trump. First - prosecutors in Trump's classified documents case are asking U.S. District Judge Aileen Cannon to push the trial date back from August 14th to December 11th. Glenn explains this is because the case involves classified documents and Trump’s defense counsel is in the process of getting the necessary security clearances in order to view them. (Though they are dragging their feet!) Then, Jack Smith's 2020 election tampering/ January 6th probe is also blazing ahead. We now know that many witnesses and at least 2 fake electors are testifying before a grand jury in Washington D.C. If the fake electors have been granted limited immunity - does this mean prosecutors are nearing some charging decisions in the case?
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Today - Glenn evaluates why the FBI and the DOJ resisted opening an investigation into Donald Trump's role in the January 6th insurrection. A Washington Post report claims the DOJ shut down the requests of career prosecutors who were asking to open a probe into Trump's involvement in the Capitol riots. According to the report, it was due to a lack of evidence but was it more about appearing partisan? Then, when Trump announced he was running for office again, A.G. Merrick Garland appointed Special Counsel Jack Smith and the floodgates finally opened.
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In our longform weekend podcast - we again discuss The Trump Trials. First up - Glenn does the weekly legal recap and talks about Judge Aileen Cannon's ability to be impartial. He then discusses a surprising move by Special Counsel Jack Smith who filed a discovery letter that turns over all of the grand jury transcripts. Directly following this letter - Donald Trump posted a message on his social media begging congress to help him. Did Jack Smith spook him with his letter? Then, Glenn says many people are asking him if the court can select a fair and impartial jury in Fort Pierce, Florida which is a deep red county. He says there are tricks the judges and prosecutors will use to make sure this will happen. Finally, Glenn recollects a time in his college days when a computer crashed and ate his homework - giving him a deep resentment of computers to this day.
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Today Glenn discusses 2 different federal cases. First he talks about Hunter Biden reaching a deal with federal prosecutors on charges he failed to pay federal income tax. Glenn explains paying taxes late happens with regularity and most people are NOT charged so the GOP's claim he got a sweetheart deal is unfounded. Then Glenn talks about Judge Aileen Cannon who has set a trial date for Donald Trump's classified documents case and it's much quicker than anyone expected. He makes his predictions about whether there will be delays and when the actual trial will occur.
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Today, Glenn has some curious questions about Donald Trump's crimes and future indictments. First - Why wasn't there a search warrant conducted at Trump's Bedminster golf course? Second - Why hasn't Trump been charged for crimes at Bedminster in New Jersey? Third - Why is there only 1 co-conspirator: Walt Nauta? And Fourth - Will Jack Smith use Trump's own statements against him? He also discusses new evidence in the fake elector case.
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Today, Glenn discusses the major concerns being raised regarding Judge Aileen Cannon presiding over Donald Trump's classified documents case in Florida. Legal experts agree Judge Cannon should recuse herself from the case. Glenn gives us the 3 main reasons why she should step down and recuse herself and if she doesn't - he believes Special Counsel Jack Smith should file a motion to have her do so.
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This time on our weekend podcast Glenn gives us the latest updates on Donald Trump's legal battles. First he discusses equal justice between rulings in similar cases. Is it fair if a poor person has to go to jail when a rich person charged with the same crime goes free? Then, Glenn gives us 3 reason why Judge Aileen Cannon should step away from Trump's classified documents case. And then finally some good news about the Trump trials: there was no riots or violence in the streets by his MAGA supporters during his 2 arraignments even though Trump called for protests and it appears from his latest indictment that not only Trump's attorneys are testifying against him - many of his Mar-a-Lago employees have flipped and are spilling the beans on him as well.
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This time Glenn discusses Trump's arraigned in Miami as many people wonder if he was treated with kid gloves in court. He also explains the reason he thinks Trump wasn't detained and placed in jail. Then, Glenn talks about another person who was arrested for the same charges as Trump - but was treated much differently. He asks if that's fair and if this is equal justice for the powerful and the powerless?
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This time the discussion is about Judge Aileen Cannon and the impact she could have on Trump's classified documents case. Glenn wonders if she will favor Trump as she did last fall when a Special Master was appointed to the case. Legal scholars are saying Judge Cannon should recuse herself due to her past controversial rulings and her appointment to the bench by Trump himself. Glenn explains there are a few ways that could happen.
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Today Glenn tells us some interesting details he found reading through the indictment of Donald Trump and his co-defendant Walt Nauta. He gives us more info spelled out by Special Counsel Jack Smith of what Trump did with classified documents. Glenn explains the specifics in the recently unsealed federal indictment against Trump and tells where the classified documents were kept and how Trump attempted to mislead the FBI about what he had.
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Today Glenn talks about the indictment of Donald Trump in the classified documents investigation. First he explains why Trump will be tried in Florida. Many people are surprised the classified documents case will be tried in there and not in the nation's capital even though witnesses testified before a Grand Jury in Washington D.C. Then. he discusses Trump's public narrative about his innocence. He seems to have his defense ready to go on why he took classified documents to his Florida home. Glenn tells why this won't hold up in court. And winding it up - he runs down the hypotheticals and wonders what if Donald Trump becomes president again and how will he be able to manipulate his legal situation if he wins the election.
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Donald Trump's attorneys met with Special Counsel Jack Smith and his team as they decide whether to charge him in the classified documents probe. Glenn wonders if they are trying to plea bargain. Then, he talks about Donald Trump's former Chief of Staff - Mark Meadows. New reports say he has testified to the Grand Jury in Jack Smith's investigation of Trump. Glenn speculates on whether he was given an immunity deal to secure his testimony against Trump.
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One of Donald Trump's lawyers - Evan Corcoran - recorded a voice memo about his representation with Trump in the classified documents case. The recordings provided insight into Corcoran's first meeting with the ex-president last year when he advised Trump to comply with the Justice Department subpoena seeking the return of all classified materials in the former president's possession. Glenn says the recordings hold important evidence for Special Counsel Jack Smith to use against Trump during his inevitable upcoming trial. Then Glenn explains there are other reasons to make this type of recording. It's possible Evan Corcoran may need them to defend himself against false accusations from Trump.
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Today - Glenn gives us an update on the various trials of Donald Trump including the Georgia 2020 Election Tampering case, the continuing E. Jean Carroll Assault and Defamation case, and the New York Stormy Daniels Hush-money case. Then - Glenn puts together the many new puzzle pieces of Trump's Mar-a-Lago classified documents case.
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Employees at Mar-a-Lago have been helping Federal prosecutors piece together the steps Donald Trump took to remove classified documents from a storage room after he received a subpoena for them. Glenn prepares mock closing arguments for the jury to hear if he were the prosecutor trying the case against Trump. Next, Glenn discusses Oath Keeper Leader Elmer Stuart Rhodes being sentenced to 18 years in prison for seditious conspiracy. Then, he talks about Donald Trump and Ron DeSantis who are now saying if they are elected in 2024 - they will give pardons to people who were convicted in the January 6th insurrection.
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A legal barrier has been broken - a maiden legal voyage has been taken: the FBI executed a search warrant at Mar-a-Lago, the Florida home of former President Donald Trump. This is a historic law enforcement move by the Department of Justice.
Importantly, in order to obtain a search warrant for Trump's home, a federal judge had to have concluded that there was probable cause to believe there is evidence of federal crimes on the property of Mar-a-Lago.
This video discusses what we know about this monumental development, what we don't know, and what the DOJ should now do on the transparency front to promote a full and accurate understanding of the state of the criminal investigation that prompted today's search warrant at Mar-a-Lago.
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Former United States Attorney General Eric Holder just said he believes the Department of justice likely will indict former President Donald Trump for his crimes against the United States.
This video:
- explores why Holder is right;
- surveys some of the crimes for which Trump likely will be indicted;
- reviews the elements of the granddaddy of all crimes against our nation - treason; and
- sets out why Trump's conduct on and around January 6, 2021, satisfies the legal elements of the federal offense of treason.
Lesser known fact: although most people remember Eric Holder as President Barack Obama's Attorney General, it was President Ronald Reagan who first nominated Eric Holder to be a judge on the Superior Court of the District of Columbia.
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After the troubling revelations that both the United States Secret Service AND the Department of Homeland Security deleted text messages that would have provided criminally important evidence regarding the insurrection, the Washington Post just reported that the Department of Defense has also deleted/destroyed January 6 text messages as well.
With each passing day, these actions look more and more like a concerted effort to purge incriminating information relating to the waning days of the Trump administration.
This video discusses some of the important questions that need to be asked, like, did other executive branch agencies also "wipe" their cell phones, or was it only the agencies in which Trump loyalists and lackeys were embedded, seemingly to assist Trump in his corrupt efforts to retain power?
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New reporting in Rolling Stone reveals that Trump's defense attorneys are preparing for the likelihood of Trump being criminally indicted by the Department of Justice for his efforts to overturn the 2020 presidential election. Trump's team is reportedly looking for "fall guys" to blame for Trump's crimes.
Some of the obvious "fall guy" choices are Mark Meadows, John Eastman, Rudy Giuliani and Jeffrey Clark, among others. But are these Trump lackeys really willing to take the fall for Trump's crimes? Or might they already be cooperating with federal prosecutors in an attempt to save themselves from long prison terms?
This video provides some advice for Trump's "fall guys."
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There has been an explosion of headlines in recent days announcing that the Department of Justice is criminally investigating Donald Trump. Specifically, Washington Post investigative journalist Carol Leonnig has reported some of the precise questions federal prosecutors have been asking witnesses in the grand jury about the statements, conduct and behavior of Donald Trump. But a debate has arisen about whether the DOJ has or has not "opened a grand jury investigation on Donald Trump." That question is more semantics than substance.
This video is an explainer of the two most common ways prosecutors open or initiate grand jury investigation and the difference between the two.
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For many months now we have heard Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco saying that the Department of Justice will follow the facts and follow the law wherever they leads. With Team Trump tampering with witnesses, with revelations that text messages of enormous evidential value are being destroyed, with Trump holding rallies at which he continues to push the big election lie and urges his supporters to make their life decisions based on the false assertion that their votes were stolen from them, is "following the facts and following the law wherever they lead" the ONLY or the BEST law enforcement approach? Or is it time for some prompt OVERT law enforcement action to deal with a democracy on fire and a former president out there still trying to bring an end to our democracy? This video takes on the importance of prompt, overt law enforcement action when circumstances warrant.
For my new piece for MSNBC Daily that I discuss in the video, please go to: https://www.msnbc.com/opinion/msnbc-opinion/jan-6-hearing-witnesses-prove-trump-s-criminal-intent-n1297424
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Steve Bannon's contempt of Congress trial started today in federal district court in Washington, DC, with jury selection. As juror after juror answered questions about whether they could serve fairly and impartially, one thing become clear: Steve Bannon had no fans among the jurors. Many of the jurors said they were familiar with Bannon, had a negative impression of him, and believed he was guilty of defying a congressional subpoena.
Here is a review of today's cost proceedings.
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It seems that no day goes by without a new revelation about some kind of governmental shenanigans, malfeasance, corruption or worse. We now know that the US Secret Service deleted text messages of its officers from January 5 and 6, 2021, AFTER the Office of the Inspector General requested those texts as part of its investigation of the Secret Service. This video discusses the implications and consequences of this revelation.
Also, it probably qualifies as irony that federal prosecutors in DC routinely use the Secret Service Forensic Sciences Division to perform forensic searches of computers and cell phones, including when prosecutors seek to retrieve informations deleted from computers and cell phones.
This video also explores the need for former Vice President Mike Pence to testify to the January 6 House select committee, particularly now that important text message evidence has ben deleted by the Secret Service.
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It's inexplicable that people are still looking for "smoking gun" evidence involving the crimes of Donald Trump. Deeply and directly incriminating evidence against Trump is in abundant supply and has been for years. Still, the testimony of Mark Meadows aide Cassidy Hutchinson provides yet additional smoking gun evidence. But the January 6 House select committee investigating the insurrection also provided dramatic evidence of witness tampering by Team Trump, in what could be characterized (figuratively) as "loaded gun" evidence. Here is how law enforcement needs to deal with these two different kinds of evidence.
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The House select committee investigating the attack on the US Capitol announced that it will hold a previously unscheduled hearing to provide newly acquired evidence and testimony about the insurrection.
In another January 6 development, former attorney General Eric Holder lays out the overwhelming evidence of Donald Trump's criminal intent and suggests that any defense that relied on a claim that Trump lacked corrupt intent would be "laughed" out of court.
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As the January 6 House select committee public hearings continue, the evidence will focus on former President Donald Trump's pressure campaign on Georgia and Arizona state election officials to overturn Joe Biden's election win. This evidence will highlight the pattern of Trump's crimes and corruption.
The Jan.6 committee will then move into presenting testimony by former Department of Justice officials who knew of Trump's criminal scheme, one of whom, Jeffrey Clark, joined Trump's conspiracy by drafting a letter to Georgia state election officials falsely providing a roadmap for those officials to cancel Biden's win via Trump's fake electors scheme.
This video discusses the implications of Clark's actions and the concerns raised by the DOJ investigating one of its own.
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The January 6 select committee public hearings have been providing lots of information and answers demonstrating former President Donald Trump's criminal responsibility for the insurrection. But there are still many unanswered questions.
This video takes up two of those questions:
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Trump's treasonous lawyer John Eastman said he wanted his name to be included on the "pardon list" that was being discussed. Here is some of what we need to know about that pardon list.
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Why did Senator Charles Grassley say he "did not expect Mike Pence to preside" over the count of the electoral collage votes on January 6. Here is what we need to know about this bizarre and troubling announcement by Grassley.
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Two highlights from the most recent January 6 committee public hearings include 1. the revelation that former President Donald Trump's enraged mob was just 40 feet away from Mike Pence as the former Vice President was being whisked to safety by Secret Service officers, and 2. the testimony of retired federal court judge J. Michael Luttig, a darling of Republican Party, said that Donald Trump and his supporters still "represent a clear and present danger to democracy."
In his recent speech to an evangelical group in Tennessee, Donald Trump ridiculed, demeaned and mocked Mike Pence for not overturning the election results on January 6, 2021, proving Judge Luttig's point - Trump remains a clear and present danger to democracy.
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The legal landscape is developing at lightening speed. This video reviews three recent legal developments:
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The January 6 House select committee investigating the insurrection exposed the dramatic crimes of John Eastman, Donald Trump's treasonous lawyer, in the most recent public hearing.
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Will Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, testify to the January 6 committee, as she has indicated in a recent interview?
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What should we make of the Department of Justice letter to the January 6 committee demanding copies of all transcripts of J6 witness testimony?
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The evidence is mounting that Donald Trump not only obstructed an official proceeding and conspired to commit offenses against the United States, as federal judge David Carter found (by a preponderance of the evidence), and not only incited an insurrection, and not only is part of a seditious conspiracy, but that he also "levied war against the United States", which constitutes the crime of treasons (18 USC section 2381).
The evidence of Trump's pressure campaign, attempting to coerce then -Vice President Mike Pence to corruptly overturn the election results, is further evidence on Trump's treason.
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We have always known what Donald Trump said and did in his statements his speeches and his tweets - insisting that the only way he could lose the election is it it was "rigged." But thanks to the evidence revealed by the J6 House slect committee public hearings, we know know the private conversations - or, by another name, the evidence - behind the lies. And the liberal progression of Trump's criminal scheme to is as obvious as it is incriminating.
Here's the breakdown of this dramatically incriminating evidence.
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The opening of the January 6 select committee public hearings was dramatic and horrifying and impactful and enlightening.
This video takes on the following topics:
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Why did the committee start with a video clip of Bill Barr's testimony?
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What are the implications of Rep. Scott Perry and other Republican members of Congress seeking pardons for their conduct in connection with the events of Jan. 6?
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What was the import and impact of Ivanka Trump's testimony that she credited Bill Barr that there was no election fraud over her father's claim that there was?
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What is the legal and practical significance of Trump refusing to call off the attack and refusing to call for reinforcements to be sent to the Capitol to repel the attack?
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What are the implications of former Vice President Mike Pence stepping into the void left by Trump and ordering reinforcements to go to the Capitol?
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What are the consequences of Jared Kushner's testimony that he essentially ignored the threatened resignation of White House Counsel Pat Cipollone because Kushner was too busy cranking out as many pardons as possible before Trump left office.
And more.
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The congressional select committee investigating the insurrection has taken the testimony of more than 1000 witnesses in its determination to get to the bottom of the insurrection. Even before the first witness testifies publicly, the country owes a huge debt of gratitude to Chairman of the committee Rep. Bennie Thompson, vice chair Rep. Liz Cheney, and all the members of the committee and their investigative staff, for their efforts to pull back the curtain on Trump's treason.
Now, the American people have an opportunity to take a seat in the front row of the jury box and assess the evidence against Donald Trump and his lackeys, lapdogs, criminal associates and yes, co-conspirators. When all the evidence is in, it's very likely that the jurors - we the people - will be convinced beyond a reasonable doubt, that Trump and company committed crimes against the United States. The only thing left will be for the Department of Justice to indict and take to trial the people who committed those crimes.
Will the DOJ indict the criminal politicians and others who attacked our democracy? Well, here's what happens if the DOJ declines to indict them.
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In a dramatic new development, a federal grand jury investigation the insurrection subpoenas Peter Navarro, a former aide to Donald Trump. The subpoena requests evidence of all communications Navarro had with Donald Trump involving what happened on January 6. This news, reported by Kyle Cheney of Politico, makes clear that the Department of Justice is directly investigating the crimes of Donald Trump.
Trump is evidently feeling the squeeze, including in connection with the criminal investigation of his Georgia state election crimes, as was set out in a tweet my Representative Adam Kinzinger.
These and other recent revelation make clear that the investigative circle continues to tighten about Donald Trump.
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Kellyanne Conway is out hawking a book. In an article in the Washington Post by Ashley Parker (like below), we learned that Donald Trump offered Conway an unsolicited blanket pardon. This leads to the reasons inference that, if Trump offered HER a pardon, he almost certainly gave pardons to others - Don Jr., Ivanka, Jared Kushner, Rudy Giuliani and likely others.
In some new reporting by Hugo Lowell of the Guardian (link below), it appears that Giuliani did not invoke his 5th Amendment right against self-incrimination during his nine hours of testimony before the House select committee investigating the insurrection. The Conway revelation sheds some light on why Giuliani may have felt comfortable testifying before the House select committee apparently WITHOUT invoking his 5th Amendment right against self-incrimination.
This extended Justice Matters video discusses the intersection of the presidential pardon power, the constitutional right against self-incrimination and how a pardon can impact a witnesses decision whether to testify or not impacts the legal options a witness has when called to testify.
This video also goes through the ins and out of presidential pardons - what we know about them and what questions can not be answered definitively because the questions have never been presented to a court.
Ashley Parker article: https://www.washingtonpost.com/politics/2022/05/22/kellyanne-conway-book-trump/
Hugo Lowell article: https://www.theguardian.com/us-news/2022/may/24/rudy-giuliani-capitol-attack-committee-testimony
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It's no surprise that Elon Musk just announced that he will reverse the ban of Donald Trump once he owns Twitter. But what actually is pretty shocking was the reason Musk said he was so offended when Twitter banned Trump: because it was a "morally bad decision." This video takes on the absurdity of that claim.
The American oligarchs really do want the American people to believe up is down, darkness is light and insurrection is patriotism. And morality is immorality.
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The congressional select committee investigating the Capitol attack just announced that public hearings will begin on June 9. In the meantime, the panel continues to investigate the insurrection.
Journalist Hugo Lowell of the Guardian reported that the J6 panel is seeking the voluntary interviews of as many as a dozen members of Congress to testify about their knowledge of the insurrection.
This raises what has become the usual series of questions:
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if the republican politicians refuse to agree to voluntary interviews, will the committee subpoena them
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if so, will they comply with the subpoenas or will they join The Cover Up Club with the likes of Bannon, Meadows, Navarro and Scavino
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if so, will they be voted in contempt and referred to the Department of Justice for prosecution
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if so, will DOJ indict them
And one of the most important questions of all, if they chose to cover up the crimes of Donald Trump, will DOJ hold them accountable as accessories after the fact to Trump's crimes.
This video discusses all of those questions and more. Because #JusticeMatters.
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The pervasive abuse of the legislative process by some Republican politicians suggests we are living in an age of "gangster government": Kevin McCarthy threatens telecom companies in an effort to dissuade them from cooperating with the House select committee investigating the insurrection; Ron DeSantis uses legislation to punish Disney for criticizing his divisive educational positions; and now Jim Jordan does Elon Musk's bidding by sending quasi-threatening letters to Twitter's board members telling them to preserve all communications about why there were resisting Musk's efforts to buy Twitter.
Whether we call it "gangster government" or "legislative terrorism", something must be done to address the rampant abuse of office, on political power and of the legislative process. DOJ, if you're listening . . .
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In a new piece published by Slate, the question is asked, "Why Hasn't Trump Been Indicted Yet?" The article goes on to discuss five possible reasons why state and federal prosecutors have not yet brought charges against former president Donald Trump. This video discusses these five possibilities and lands on the most likely of the five.
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A Washington DC jury just convicted Capitol attacker Dustin Thompson on all six counts for storming the US Capitol on January 6 to stop the certification of Joe Biden's election win. Thompson testified that he was following then-President Donald Trump's express orders. The problem for Thompson is that "following presidential orders" is not a legal defense to his crimes. But it IS evidence that can be introduced against Donald Trump in the future in the event he is indicted for inciting the insurrection.
This video covers the three takeaways from the jury's guilty verdicts in the Dustin Thompson case.
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Several stories broke today on the legal front, and they loosely represent the good, the bad and the ugly.
The good: Supreme Court Justice Ketanji Brown Jackson
The bad: New York Attorney General asks NY judge to hold Donald Trump in contempt
The ugly: Two branches of judgement engage in tug-of-war over the 15 boxes of presidential records Donald Trump unlawfully whisked away to Mar-a-Lago
This video reviews these three legal developments.
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According to a new article published in The Atlantic, Donald Trump asked presidential historian Professor Julian Zelizer to interview him about his presidency. Trump then incriminated himself in multiple ways. Thereafter, he declared that historians are "bad people."
This video reviews the legal implications of the statements made by Trump and how they might be used against him in a future prosecution.
Link to Professor Zelizer's article in The Atlantic:
https://www.theatlantic.com/ideas/archive/2022/04/trump-interview-a-first-historical-assessment/629454/
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We've had some important developments on the justice front in recent days, including:
Federal Judge David Carter finds Trump "likely committed crimes to stay in power"
The Department of Justice widens its criminal probe to include funders and organizers of the pre-insurrection rally, as well as the fake electors
For past two months, DOJ as been issuing grand jury subpoenas, involving "officials in former President Trump's orbit"
Now comes new reporting from the New York Times that President Biden, as recently as late last year, was telling those close to him that Trump is "a danger to democracy" and "should be prosecuted." The reporting also indicates that President Biden wants Attorney General Merrick Garland to act more like a prosecutor and "less like a ponderous judge."
Given that the DOJ is supposed to be independent from the White House on matters of who to prosecute, when to prosecute and if to prosecute, will this latest revelation impact AG Garland's approach to the course of the investigation into Trump and company?
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There is a crisis at the Supreme Court as a result of the deeply unethical conduct of Justice Clarence Thomas. There are many suggestions and proposals emerging about what should be done to deal with the current crisis, as well as how to deter future misconduct by Supreme Court Justices. Those proposals include future recusal of Thomas from all January 6 and 2020 election related cases. Others involve the court adopting a code of conduct and mechanisms to enforce violations thereof.
This video argues in favor of public hearings into what Justice Thomas did, why he did it, and whether his conduct warrants impeachment.
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On thing is beyond reasonable dispute: Donald Trump does not like to admits he's ever wrong. Yet he just issued a statement withdrawing his endorsement of Mo Brooks for the US Senate. In other words, Trump issued a statement saying, in substance, Donald Trump was dead wrong to endorse Brooks. Trump claims that his endorsement flip-flop is because Brooks said people should move on from the 2020 election. But that explanation rigns hollow.
This podcast discusses what Trump's real motivation might be for this endorsement flop-flop.
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Donald Trump has appealed an order entered by New York state court Judge Arthur Engoron directing him to submit to a deposition sought by NY Attorney General Leticia James. Interestingly, Trump usually fights like the devil to avoid testifying in any setting. Yet based on reporting by CNN, Trump argues that he should not be made to sit for a deposition but instead, AG James should call him to testify before a NY state grand jury.
This video reviews the legal consequences of a witness appearing before a New York grand jury, and why Donald Trump is making this seemingly unusual request.
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Based on new reporting in The Washington Post, Mark Meadows is now faction a criminal investigation in the state of North Carolina for possible voter/election fraud on top of his federal criminal investigation for contempt of Congress. This video reviews the lates investigative problem for Mark Meadows.
https://www.newyorker.com/news/news-desk/why-did-mark-meadows-register-to-vote-at-an-address-where-he-did-not-reside
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Developments in two legal stories:
First, Donald Trump's xenophobic henchman Stephen Miller just filed a lawsuit to try to stop the House select Committee from subpoenaing his cell phone records. In the suit, Miller reveals that he's still on his parents' cell phone plan. Miller's legal claims in the suit are frivolous, and his lawsuit is a transparent attempt to to delay matters.
In Michigan, a trial is underway against the four men who plotted to kidnap Governor Whitmer. The prosecution's opening statement made clear the the case against the defendants is strong. The attorney for the ringleader, defendant Adam Fox, told the jury in his opening statement that his client is a "hapless, pot-smoking misfit." Only the best people . . .
This video reviews these two legal developments.
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Bill Barr is on his reputation rehabilitation tour. In an interview with the Today Show's Savannah Guthrie, Barr talks about the evidence of Donald Trump's criminal intent in connection with trying to corruptly overturn the results of the 2020 presidential election.
There is no question but that the Department of Justice should subpoena Bill Barr to the grand jury in a criminal investigation of Donald Trump. The only legitimate reason DOJ might opt not to subpoena Barr is if federal prosecutors intend to indict Barr and then use him as a cooperating witness.
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The Daily Beast reported that New York District Attorney Alvin Bragg is refusing to release the resignation letters submitted by the two top prosecutors - Pomerantz and Dunne - who had been assigned to the Trump Organization prosecution and the criminal investigation into Donald Trump himself. Reports are that the letters criticize DA Bragg for his refusal to focus on the case in a timely manner and for his apparent determination to forgo indicting Donald Trump for his crimes.
Troublingly, the NY DA's office is refusing to release the letters, claiming that the letters contain "too much information" and could compromise an ongoing investigation. This claim rings hollow. Are we to believe that the the two prosecutors included intimate investigative details in their resignation letters? Or is it far more likely that DA Bragg refuses to release them because the letters are deeply critical of Bragg's neglect of the case?
This highlights a fundamental and recurring problem America has encountered in recent years: a lack of accountability for high government officials who have committed crimes coupled with a troubling lack of transparency as to why our law enforcement and prosecutorial agencies are refusing to hold those officials accountable for their crimes.
This video explores how a lack of governmental transparency leads to a corrosion of public confidence in our institutions.
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The first criminal trial of a defendant charged with attacking the US Capitol on January 6, 2021, kicked off in DC federal district court on Monday, February 28, 2022. The defendant, Guy Reffitt, is charged with five felonies, including obstructing an official congressional proceeding, carrying a firearm and obstruction justice by threatening his own child in an attempt to prevent them from turning him in to the authorities.
Jury selection began with a series of probing questions by the judge in an effort to pick jurors would could be fair and impartial. As the case moves toward opening statements, one of the most interesting and consequential question is, how will Reffitt chose to defend the case? Will he attempt to convince the jury that he was doing precisely what then-President Donald Trump told him to do? And if so, what are the implications for not only Reffit but for any future trial of Donald Trump himself?
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The Manhattan District Attorney's Officer had been steadily moving forward in its criminal investigation of the Trump Organization and Donald Trump. Indeed, that office indicted both the Trump Organization and Donald Trump's Chief Financial Officer Alan Weisselberg for charges including a 15-year-long criminal scheme to defraud in the first degree. But with the arrival of the newly elected District Attorney Alvin Bragg, the two top prosecutors on the Trump investigation abruptly resigned amid reports that the new DA was disinclined to indict Donald Trump.
The Manhattan District Attorney's Office has now fired back, saying they have no intention of dropping the investigation into Donald Trump, and indentifying the new top prosecutor who will head up the 25-person-team involved in the Trump Organization prosecution. Her name is Susan Hoffinger. Ms. Hoffinger just joined the DA's office this month after being in private practice for decades. This video looks at Ms. Hoffinger's experience and poses the question, what makes her the right person with the right experience at the right time to take over the criminal investigation of a former president of the United States.
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In yet another display of overt criminality, former President Donald Trump issued a written statement acknowledging that he wanted Vice President Mike Pence to "overturn" the presidential election.
This video discusses:
- Why Trump likely made this admission
- Why his claim that Pence had the authority to "overturn" the election's result is unconvincing and
- What the Department of Justice should do as a result of Trump's admission
Here is the link to my MSNBC Daily article I discuss in the video: https://www.msnbc.com/opinion/will-trump-run-2024-how-doj-could-boost-his-bid-n1288225
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Representative Bennie Thompson, the Chairman of the House select committee investigating the insurrection, disclosed yesterday that the committee has been speaking with former Attorney General Bill Barr. Importantly, there had ben no reporting - no leaks - of this fact prior to Rep. Thompson's disclosure.
What lessons can we take away from the fact that a congressional committee can conduct a high-stakes, high-pressure investigation without any leaks?
And are there parallels that can be draw between the leak-free nature of the January 6 panel's investigation and any investigations that may be up and running in the Department of Justice?
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Matt Gaetz is being investigated by the Department of Justice for possible sex trafficking and obstruction of justice offenses. CBS News has reported that an ex-girlfriend of Gaetz has been granted immunity by federal prosecutors and has testified before a grand jury. This spells real trouble for Gaetz. This video reviews how, when and why prosecutors grant immunity to witnesses and how things might play out for Gaetz moving forward.
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Attorney General Merrick Garland spoke directly and at length about the investigation into the attempted overthrow of our democracy on January 6. Garland pointedly said the Department of Justice will hold accountable all January 6 perpetrators "at any level", whether they were present at the Capitol" on January 6 or not.
AG Garland also invoked the Watergate scandal and said that, on the accountability front, there will not be one set of rules and norms for "the powerful and one for the powerless."
Everything AG Garland said signals that the DOJ will hold the powerful accountable, not just the relatively powerless foot soldiers of the insurrection.
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2021 started with Donald Trump, on January 6, directing his supporters to go to the US Capitol and "stop" the certification of the election's results. Of course, he told them to stop the "steal", which provides definitive proof that Trump was lying to inspire and incite the attack, as his own administration officials and agencies said the election was not stolen.
But if 2021 was the year of The Big Lie, 2022 will prove to be the year of The Big Truth. The House select committee investigating the Capitol attack has promised public hearings in early 2022. Committee Chairman Bennie Thompson has also indicated that the committee is considering criminal referrals for Trump and company. Moreover, the Department of Justice continues to investigate, indict and prosecute the foot soldiers of the insurrection, in what should be viewed as phase one of the Capitol attack investigation. Indeed, DOJ is following the standard prosecutorial blueprint in large-scale gang or RICO investigations: start at the bottom and work your way up the criminal ladder.
Here's why these two things - the House select committee's investigation and criminal referrals, and the DOJ's criminal investigation of the insurrection - will converge to make 2022 the year of accountability. Because justice matters.
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Donald Trump is famous/infamous for using the courts for his own nefarious purposes - bringing baseless lawsuits to weaponize the delay in the court system and run out the clock. After losing in both the trial and appellate courts, Trump is now seeking to enlist the Supreme Court in his attempt to hide from the House select committee information in the possession of the National Archives regarding his conduct in connection with the January 6 attack on the US Capitol.
Given that Supreme Court Justice Sonia Sotomayor recently used the work "stench" to describe the politicization of the Supreme Court, we now await word on whether the Supreme Court will accept review of Trump's latest appeal, thereby giving Trump the delay he seeks and adding to the court's political "stench," or reject Trump's appeal and allow Congress to fully investigate the attack on American democracy so it can put legislative fixes in place to prevent the next attack from succeeding.
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It seems like justice is suspended in amber these days, unable to move one way or the other. If we look at some of the timeframes we've been waiting for justice - 15 days, 53 days, 244 days - it's pretty apparent that the law presently has a perception problem. This video discusses how long the American people have been made to wait for justice and how the wait impacts the perception of the law.
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Donald Trump recently announced that he intends to hold a press conference on January 6, the one-year anniversary of the deadly attack on the US Capitol by Trump's supporters. This, while the Department of Justice is prosecuting more than 700 Trump supporters who participated in the insurrection. Notably, many of the defendants have claimed both in and out of court that they acted as they did on January 6 because they were directed to do so by Donald Trump.
Here's hoping that the Department of Justice will act soon to hold Donald Trump accountable - in accordance with the overwhelming evidence of his criminal conduct - for inciting the insurrection. Because #JusticeMatters.
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On December 13, 2021, the United States Supreme Court refused to accept for review the case of United States v. Steven Begani. Begani is a retired military officer who was restored to active duty and court-martialed. He appealed his conviction, ultimately to the US Supreme Court, arguing that it was not proper to court-martial a retired officer under the circumstances of his case. The Supreme Court declined to hear the appeal, leaving in place the long-standing principle of law that a retired military officer CAN be court-martialed.
This action by the Supreme Court clears the legal decks for the military leadership to start the long-overdue process of holding retired Army General Mike Flynn accountable for his crimes.
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The New York Times reported that the House select committee is considering making criminal referrals to the Department of Justice of Donald Trump and others who may have criminal liability for the insurrection. Here is a review of what criminal referrals are, how DOJ has handled prior criminal referrals by Congress, and what it signals that the committee is contemplating referring Trump for a criminal investigation.
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Roger Stone appeared before the House select committee investigating the attack on the US Capitol to testify. But rather than testify, Roger Stone pled the 5th - he invoked his 5th Amendment right against self-incrimination - and refused to testify.
The question will now turn to the topic of immunity: should Congress immunize to Stone and force him to testify. Recall that Stone was convicted previously (and ultimately pardoned by Donald Trump) for lying to Congress when he testified in the Trump-Russia investigation. That is but one of the factors that will need to be considered as Congress decides whether or not to grant Stone immunity and compel his testimony.
This video discusses the considerations that go into the question of whether immunity should be granted.
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Congress just voted to hold Donald Trump's former Chief of Staff Mark Meadows in contempt of Congress and refer him to the Department of Justice for criminal prosecution. This means today is day 1 of "Mark Meadows - Indictment Watch." It took DOJ 22 days to indict Steve Bannon for his crime of contempt of Congress.
This video discusses the reasons why DOJ's decision whether to indict Meadows is an easy one based on the applicable law and the available facts.
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In a remarkably blunt, clear-eyed and forceful legal opinion, a unanimous three-judge panel of the DC Federal Court of Appeals rejected Trump's efforts to hide deeply damaging documents from the House select committee investigating the Capitol attack. Judge Patricia Millett, writing for the panel, stated that there is "a direct linkage between the former president and the events of" January 6.
Importantly, the three judges handing down this opinion sit on the very court on which Attorney General Merrick Garland sat for 24 years. The message sent by Garland's former judicial colleagues was unmistakable: Trump is responsible to the events of January 6.
Here is a review of where the case likely goes from here.
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It was reported today that the House select committee investigating the attack on the US Capitol has postponed the depositions of Mike Flynn and Trump aide Nicholas Luna. What, if anything, should be taken away from this decision to reschedule this testimony?
The disgraced, traitorous Mike Flynn is a household name but Trump aide and "body man" Nicholas Luna is not.
This video addresses: 1. who is Nicholas Luna and 2. argues that Mike Flynn should be ordered to active duty by the US Army and court-martialed for his crimes against the United States.
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Two big stories just broke on the legal front: according to reporting in the Guardian, Trump called his "lieutenants" at the Willard Hotel shortly before the attack on the Capitol, expressed his concern that Mike Pence was not coming through for him, and asked how else they could block the certification of Joe Biden's election win. This is yet additional evidence of Trump participation in a robust conspiracy to corruptly overturn the election results.
In a second story, the New York Times reported that Mark Meadows has done an abrupt about face and is now cooperating with the House select committee investigating the Capitol attack. This change of heart by Meadows is a tribute to the power of prosecution. With Steve Bannon being criminally prosecuted for HIS contempt of Congress, Meadows likely did not want to suffer the same fate and decided to cooperate with Congress.
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In recent days there has been reporting about attempts by Bannon's defense attorneys to convince a judge to allow them to distribute to the public the discovery given over by the prosecutors in Bannon's criminal case for contempt of Congress. This video discusses the common practice of courts to issue protective orders regarding discovery in criminal cases and what Steve Bannon is really trying to accomplish by objecting to these standard procedures.
Additional reporting has revealed that one of the organizers of the January 6 "Stop the Steal" rally insisted on having hard-to-trace "burner phones" to communicate with Trump family members, aides and former Chief of Staff Mark Meadows. This video also discusses the implications of these revelations.
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The Washington Post reported that the Manhattan District Attorney's Office is now investigating Donald Trump's manipulation of property values, presumably to dodge tax liability. Recently released city property and tax records reveal that Trump claimed for one purpose that his building at 40 Wall Street was worth $527 million and then turned around and, for tax purposes, reported that the same building was worth only $16.7 million. This is Trump taking a page out of the book Tax Fraud for Dummies.
This video also discusses Attorney General Merrick Garland's comments at Monday's ceremony for the new United States Attorney for the Southern District of New York, Damian Williams. AG Garland emphasized the importance of holding accountable those who engage in domestic violent extremism which threatens to undermine our democratic institutions.
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A Wisconsin jury found Kyle Rittenhouse not guilty of all charges for shooting three individuals, killing two. This video discusses the possible reasons for the verdict and some of the lessons we should learn from the nature of self-defense laws and the dangers posed by our country's determination to worship at the altar on unrestricted gun access.
Link below for my MSNBC Daily opinion piece on the Rittenhouse verdict:
https://www.msnbc.com/opinion/kyle-rittenhouse-s-not-guilty-verdicts-make-perfect-sense-america-n1284073
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On the exact same day Steve Bannon was criminally indicted for contempt of Congress, Mark Meadows refused to appear in violation of a congressional subpoena, thereby committing the crime of . . . contempt of Congress. Congress must now vote to hold Meadows in contempt and refer him for prosecution.
This video reviews the way subpoenas work, how one goes about LAWFULLY asserting a privilege (spoiler alert - not by flat out refusing to appear), and why Meadows' attorney's claim that "the matter of executive privilege must be litigated in court" is NOT how it works.
Accordingly, just as was the case with Bannon, we are now on Mark Meadows Indictment Watch.
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A federal grand jury indicted Steve Bannon on two criminal contempt of Congress charges. Here is what to expect moving forward, from Monday's presentment in court to possible plea nogotiaons with prosecutors to trial and sentencing.
This video also discusses why it took 22 days for the DC US Attorney's Office to indict Bannon. Plus, with Mark Meadows committing the very same crime today by refusing to appear on a congressional subpoena, might he face the same fate as Bannon?
All in all, today was a good day for justice.
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Over the past 24 hours, the House select committee investigating the attack on the US Capitol issued 14 subpoenas for Trump aids, assistants, loyalists, sycophants and a smattering of co-conspirators.
Issuing subpoenas is easy, enforcing subpoenas has turned out to be hard. We are on day 19 of Steven Bannon indictment watch and no DOJ indictment in sight. Now more that ever, DOJ must act to hold Bannon accountable, both because it's the right thing to do AND because it will send a powerful message to the newly subpoenaed witnesses that subpoenas are not mere invitations to be ignored.
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Donald Trump filed a lawsuit trying to prevent information about his possible role in the insurrection from being provided to the House select committee investigating the attack on the US Capitol.
In a court hearing on November 4, 2021, Judge Tanya Chutkan dismantled each and every argument Trump's lawyer, Justin Clark, made in his desperate attempt to stop the House select committee from getting what is very likely damaging information about Trump's role in the insurrection.
This video reviews this court hearing and discusses what is likely to come next after Judge Chutkan issues her ruling in the coming days.
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The Washington Post printed a 3-part series taking an extraordinary deep dive into the before, during and after of the January 6 attack on the US Capitol. This again raises the question many have been asking throughout the 10 months since the attack on our democracy: is Attorney General Merrick Garland's Department of Justice criminally investigating Donald Trump for his efforts to overturn the results of the presidential election. This video discusses the goals and principles of prosecution, focusing on general deterrence - deterring others from committing the same or similar crimes.
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On Thursday, October 21st, the House of Representatives voted to hold Steve Bannon in Contempt of Congress and referred him to the Department of Justice for criminal prosecution. All eyes now turn to the Bannon Indictment Watch.
Fortunately, there is precedent on this precise issue: in 1983, Congress voted to hold EPA official Rita Lavelle in contempt of Congress, referred her for prosecution and, just 9 days later, the US Attorney's Office for the District of Columbia had the grand jury indict Ms. Lavelle for contempt of Congress.
This historical precedent proves that justice need not be delayed.
Attorney General Merrick Garland should take note of this historical precedent and move swiftly toward indicting Steve Bannon for the crime he inarguably committed.
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Last time a contemptuous congressional witness was prosecuted, it was Reagan Administration official Rita M. Lavelle in 1983. In that mater, the full House of Representatives voted unanimously - 413 to 0 - to refer Ms. Lavelle for prosecution. This was when Congress understood the importance of enforcing its subpoenas against contemptuous witnesses.
The full House is about to vote on whether to refer Steve Bannon for prosecution after he refused to appear pursuant to a congressional subpoena with absolutely no legal defense for refusing to appear.
This video discusses the very real and direct consequences of any member of Congress voting NOT to refer Steve Bannon for prosecution - in other words, voting to assist Bannon in getting away with his crime of contempt of Congress.
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Not surprisingly, Donald Trump has filed yet another lawsuit trying to hide from Congress and, by extension, the American people, evidence of his criminal conduct in connection with the January 6 attack on the US Capitol and our democracy. The case has been assigned to Judge Tanya Chutkan, a former public defender in the courts of Washington, DC, and a smart, strong and fearless federal judge.
This video discusses what we can expect as Trump's lawsuit is taken up by the courts and why it will provide no cover for Steve Bannon, who is on the verge being held in criminal contempt and referred for prosecution.
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New York State Supreme Court Judge Doris Gonzalez has ordered Donald Trump to appear and testify at a deposition on Monday, October 18. Trump and his security staff are being sued by a group of protestors assaulted by Trump's security staff at a protest in front of Trump Tower.
When Trump was forced to sit for a deposition in 2007, it didn't go well, as he was caught in lie after lie.
This video discusses the ins and outs of depositions and answers to some frequently asked questions like:
What happens if Trump doesn't show up?
What happens if Trump does show up but tells a bunch of lies under oath at the deposition?
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Steve Bannon refused to comply with a congressional subpoena and members of the House Select Committee investigation the January 6 attack on the US Capitol have said they will refer Bannon to the Department of Justice for prosecution.
This video answers frequently asked question like:
Can Steve Bannon drag out the process and try to run out the clock as did Don McGahn and Donald Trump in civil litigation?
What are the possible outcomes of a Bannon prosecution?
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President Joe Biden rejected Donald Trump's request that the White House invoke executive privilege to hide from Congress and the American people his (Trump's) misconduct in connection with the insurrection. But it's what Joe Biden said in announcing that decision that should instill confidence in the American that President Biden is intent on holding Donald Trump accountable for his misconduct. In a statement delivered by his White House Counsel Dana Remus, President Biden said, "Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them," in other words, by Donald Trump. In rejecting Trumps' executive privilege request, President Biden conveyed that Trump's conduct "reflects a clear and apparent effort to subvert the Constitution itself."
Here is why the words chose by President Biden are so important and represent an optimistic sign of things to come.
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The Senate Judiciary Committee must released a report titled, "Subverting Justice: How the Former President and His Allies Pressured DOJ to Overturn the 2020 Election." Among other crimes, the Senate details how Trump pressured acting Attorney General Jeffrey Rosen to overturn the election results. The conduct described in the report makes clear that Trump committed the crime of Coercion of Political Activity, 18 US Code section 610. This video reviews s the elements of that crime and how Trump's conduct violated the federal law prohibiting such coercion.
In a related story, October 7 was a deadline for Steve Bannon, Mark Meadows, Kash Patel and Dan Scavino to provide documents that had been subpoenaed by the House Elect Committee investigating the January 6 attack on the US Capitol. This video also reviews the various options Congress has to enforce its subpoenas when witnesses fail to comply.
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Donald Trump's crimes, cover-up and corruption continue unabated. The Guardian reports that Trump is preparing to instruct Mark Meadows, Steve Bannon, Kash Patel and Dan Scavino to commit the offense of contempt of Congress by refusing to comply with lawfully issued congressional subpoenas.
Considering that these four individuals can provide evidence that is likely to incriminate Donald Trump, Trump's command that they not testify is a transparent attempt at a criminal cover-up. Indeed, this is no different than a mob boss instructing his underbosses and capos not to testify against him.
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Donald Trump inarguably committed multiple crimes. If Attorney General Merrick Garland and the Department of Justice fail to charge Trump, a de facto precedent will be set. Here is what's at stake for the nation if Trump's crimes go unaddressed.
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Members of the House Select Committee investigating the January 6 attack on the US Capitol have said in no uncertain terms that, if witnesses refuse to comply with congressional subpoenas they will refer those witnesses to the Department of Justice for criminal prosecution. This approach was unavailable to Congress during the tenure of Attorney General Bill Barr, as Barr was more interested in protecting a criminal president than he was in assisting Congress enforce subpoenas that sought evidence that could incriminate Donald Trump.
This video discusses the laws and procedures involved when Congress seeks DOJ's assistance in enforcing its subpoenas.
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Two defendants were just sentenced to relatively short prison terms for participating in the attack on the US Capitol on January 6.
As reported by the Washington Post, there were two important aspects of the sentencing hearings: first, the defendants both said some version of, "I got swept up in the moment" and "I got carried away." What are the legal implications for the larger insurrection investigation of statements like this by defendants?
Second, the Department of Justice prosecutors told the judge that those who "incite riots" and "intend to improperly influence the democratic process . . . will (suffer) consequences." How do these principles apply to Donald Trump and the others who inflamed, encouraged and incited the mob prior to the Capitol attack?
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As more defendant's who attacked the US Capitol on January 6 have their cases resolved with misdemeanor pleas, federal judges are questioning the way cases are being handled by the Department of Justice. Here are the two questions posed by Judge Emmet Sullivan, the judge presiding over the case of insurrection defendant Dawn Bancroft, and how those two questions can be answered.
This video also discusses why the facts inarguably support the conclusion that Donald Trump is criminally culpable for the January 6 attack on the Capitol.
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The Republican Party has been trying to nefariously use the law in efforts to hold down, defeat and demoralize certain segments of the American populaiotn, from voter suppression laws to redistricting/gerrymandering to recounts/audits/fraudits and passing laws depriving women of their constitutionally protected privacy rights. However, this is NOT a winning formula for the Republican Party.
On a related from, the Republican Party is working at the moment to shut down government. I it seems to qualify as irony that the party that incessantly complains about the (largely nonexistent) defund the police movement is about to defund our 700,000 federal police officers.
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In reporting that is equal parts enlightening and frightening, it was reveled that Trump officials at the Department of Homeland Security Office were lying about and manipulating intelligence information about three topics: Russia wanting Trump to win reelection, the Mexican border and white supremacy in the US. A Trump administration official named Brian Murphy, a Republican, became a whistle blower when he reported that his DHS superiors pressured him to lie about intelligence to "burnish Trump's image."
There is so much in our government that needs to be fixed in the aftermath of Trump's governmental degradation. Here is one concrete proposal that could help fix some of what Donald Trump broke.
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Recent reporting revealed that Steve Bannon advised then President Donald Trump to "kill the Biden presidency in the crib." This is the language of seditions, rebellion and insurrection. Bannon then made his circumstances even worse by first admitting on his podcast that he made the statement and then trying to justify it by invoking a poll that showed 42% of the American people question the legitimacy of Joe Biden's election win.
Here is why Bannon's attempt to justify his sedition statement will likely end up being used as a deeply incriminating admission in the event Steve Bannon is tried for his crimes.
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The House Select Committee investigating the January 6 attack on the US Capitol just issued four subpoenas for testimony and documents from Steve Bannon, Mark Meadows, Kash Patel and Dan Scavino. This raises several important legal issues, including:
Is there really any viable claim of executive privlege to defeat these subpoenas?
If the witnesses fail to comply with these lawfully issued congressional subpoenas, will Congress use all tools in its tool box to aggressively enforce its subpoenas?
If legal challenges ARE launched in the courts, will the courts again allow nefarious litigants to weaponize the delay in the court system to run out the clock (as did people like former White House Counsel Don McGahn)?
If the witnesses are actually forced to appear before Congress and placed under oath, will they testify or will they invoke their 5th Amendment right against self-incrimination?
This video unpacks these and other issues surrounding these most consequential subpoenas.
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Donald Trump just sued his niece Mary Trump and the New York Times for $100 Million (apparently taking his cue from an Austin Powers movie). Here's why Trump's absurd lawsuit is dead on arrival.
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Alan Weisselberg and the Trump Organization were back in a New York courtroom today in connection with the criminal case pending against them. In open court , Weisselberg's attorney announced that they are expecting additional indictments in the future.
This video reviews the nature of the case, discusses the implications for Donal Trump of his organization and his Chief Financial Officer being criminally charged for a 15-year-long criminal scheme to defraud in the first degree (among other charges), and who might be included in the next round of indictments handed down by the New York state grand jury.
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Recent Senate hearings have exposed to full public view the dramatic and consequential failures of the FBI in both the investigation of Larry Nassar's horrific crimes against the Olympic gymnasts and the investigation into the allegations against Brett Kavanaugh made by Dr. Christine Blasey Ford.
This video reviews the failures - and, in some instances, the intentional misconduct - of FBI agents and why it's time for new leadership at the FBI.
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A troubling pattern has emerged: when a Republican loses an election (and sometimes even before they lose), they cry foul, claim the election is rigged and undermine confidence in the public's confidence in election outcomes.
There is one readily identifiable cause of this relatively new phenomenon: we have failed to prosecute election crimes. Here is a review of how we got here and what we now need to do to protect our democracy and restore the public's confidence in our elections.
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The next pro-Trump rally is slated for DC on Saturday, September 18th. Although it's difficult to fathom, this rally is actually being held IN SUPPORT OF those who attacked the US Capitol on January 6.
Even as the federal government is preparing to protect the Capitol on 9/18, we are learning more about the Capitol attack on 1/6, courtesy of some information revealed via a Freedom of Information Act (FOIA) request.
Additionally, the US Capitol Police issued a press release today about an arrest of a many outside the Democratic National Committee Headquarters.
This video reviews all of the above as we await the next move by the Department of Justice to hold accountable those responsible for funding, organizing and inciting the January 6 attack on our Capitol and our democracy.
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As the insurrection cases continue to work their way through the court system, approximately 10% of those charged in the January 6 attack on the US Capitol have now entered guilty pleas, with the first insurrection case set to go to trial on October 18.
In an important signal that the investigation may be moving on to some of the most serious potential charges, the FBI stated in a search warrant that it is now investigating "seditions conspiracy" charges.
This video surveys, unpacks and analyzes these importatnt insurrection updates.
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The House Select Committee investigating the insurrection has requested 35 telecommunications companies preserve their records in anticipation of future subpoenas. Kevin McCarthy and Marjorie Taylor Greene not only objected to the companies preserving their records but make threats that squarely constitute obstruction of a congressional proceeding.
In an almost comical turn of events, after a dozen Republicans complain vociferously that Congress can't make these preservations requests and that the telecom companies must not comply with these requests, a new letter appears, signed by Gaetz, Gohmert, Greene, Gosar and others, requesting that the telecom companies do exactly what the Republicans allege they can't do - preserve the phone records of Kamala Harris, Pelosi, OAC and others. Folks, you can't make this stuff up.
This video discusses how preservation requests ordinarily work and why Congress will get the records they seek.
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In breaking news, President Biden has moved to revoke Trump appointments to military academy advisory boards for Trump loyalists Kellyanne Conway, Sean Spicer, H.R. McMaster and eight others. It certainly is important to remove from government all individuals who were doing Trump's dirty bidding.
But the one Trump-appointed political hack who is in a position to do the most damage to our country and our constitutional rights is Supreme Court Justice Brett Kavanaugh. There are still 4,500 citizen tips involving Kavanaugh's nomination that have yet to be investigated and presumably are still sitting in the White House counsel's office. Might they hold answers to important questions like, who paid off Kavanaugh's mountainous credit card debt? This video discusses a way forward to get the answers the Trump administration tried to bury regarding Brett Kavanaugh.
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Texas has enacted an a law that deputizing private citizens to violate the constitutional privacy rights women have had for nearly 50 years. Here is a review of the many reasons this law should not withstand judicial scrutiny and the implications of a court system that allows private citizens to sue one another for exercising their constitutional rights.
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After House Minority Leader Kevin McCarthy obstructed the House Select Committee's investigation of the Capitol attack by telling telecommunications companies not to cooperate with the investigation and threatening that, if they did, the GOP "would not forget" it when they took power, eleven Republican members of Congress joined McCarthy's obstructive efforts. In a very real sense, McCarthy is now heading up a criminal conspiracy caucus.
Here is a review of Washington's new dirty dozen and the federal law, 18 United States Code section 1505, they are violating by obstructing a congressional proceeding.
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Two related stories: First, defendant Jacob - the so-called Q-Shaman - pleaded guilty to one felony count of obstructing Congress by trying to stop the vote certification, exactly as Donald Trump commanded. Chansley is facing 3-to-4 years in prison and will be sentenced on November 17th by Judge Royce Lamberth. The second story involves House Minotrity Leader Kevin McCarthy getting called out for a lie he told attempting to falsely exonerate Donald Trump in connection with the January 6 attack on the US Capitol. Here is a review of the joint statement issued by Rep Bennie Thompson and Rep Liz Chaney exposing McCarthy's "disinformation campaign."
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The House Select Committee investigating the January 6 attack on the US Capitol is seeking phone records from telecommunications companies as part of its investigation. House Minority Leader Kevin McCarthy told the telecommunications companies not to comply with the Congressional requests and threatened that if they did, the GOP "would not forget it" once they are in power. This is a brazen act of obstructing a congressional investigation. The Department of Justice must address this promptly or else there likely will be more obstructive conduct by McCarty and perhaps others, as lawlessness begets lawlessness.
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In a move that is deeply damaging to the credibility and legitimacy of the US Supreme Court, the Court declined to stop an unconstitutional Texas law from going into effect. The Texas authorities passed a law saying a woman can not have an abortion after a fetal heartbeat is detected - at about 6 weeks of the pregnancy - which directly violates the Supreme Court precedent of Roe v. Wade. In a very real sense, the Supreme Court is allowing the state of Texas to violate the constitutional rights of women. Here is an overview of what it all means and what the future danger is to the constitutional rights of all Americans.
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Florida Judge John C. Cooper tells Governor Ron DeSantis - in substance - to go pound sand, ruling that DeSantis can not stop Florida schools from requiring masks to protect children, teachers, staff and, by extension, all Floridians. But Judge Cooper didn't stop there - he also issued an injunction prohibiting the state from retaliating against school boards that require students to wear masks to protect against the spread of the coronavirus.
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Michigan Federal District Court Judge Linda Parker issued a scathing, 110-page opinion sanctioning nine pro-Trump lawyers for their lawsuit that was an abuse of the judicial system designed to corruptly undermine Americans' faith and confidence in the results of the 2020 presidential election. Judge Parker also directed that her opinion be provided to the state bar authorities where each lawyer is admitted to practice for investigation and possible suspension and disbarment.
Those nine lawyers are: Sidney Powell, L. Lin Wood, Emily Newman, Julia Z. Haller, Brandon Johnson, Scott Hagerstrom, Howard Kleinhendler, Gregor Rohl and Stefanie Lynn Junttila - names that should go down in infamy.
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The House Select Committee on the January 6 Capitol attack has signaled that it is conducting a massive investigation - some might even call it a sweeping and systematic - into the insurrection. The House Committee just demanded information across multiple executive branch agencies, specifically seeking information and records about Donald Trump, Don Jr., Ivanka Trump, Jared Kushner, Eric Trump, Lara Trump, Mark Meadows, Dan Scavino, Stephen Miller, Robert O'Brien, Chad Wolf, Jeffrey Clark, Christopher Miller, Pat Cipollone, Peter Navarro, Kayleigh McEnany, Michael Flynn, Roger Stone, Steve Bannon, Rudy Giuliani, Alex Jones, George Papadopolous, Mike Lindell and others.
The House Committee seems to be conducting the kind of massive, wide-ranging investigation that the Department of Justice should be (and likely is) conducting into the insurrection.
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Two good news stories broke today on the justice front:
- Rudy Giuliani's criminal associate, Igor Fruman, will be pleading guilty in federal court in New York on Wednesday. This spells real trouble for not only Rudy Giuliani but for Donald Trump as well.
- The House Select Committee investigating the January 6 insurrection took steps today signaling that the committee will be subpoenaing the cell phone records of members of Congress to explore their possible complicity in the insurrection.
These two stories move us, if only incrementally, in the direction of justice.
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A legal commentator caused a bit of a stir today by asserting that Trump should not be prosecuted and there is "little reason even to open a criminal investigation" into Trump's conduct.
This video reviews the FBI's standard for opening an investigation and surveys just some of Donald Trump's conduct to highlight why the arrestion that there is insufficient evidence to initiate an investigation is absurd.
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Attorney General Merrick Garland and the Civil Rights Division of the Department of Justice announced it is launching a third "pattern or practice" investigation, this one of the Phoenix, AZ, Police Department. This is the third such investigation undertaken by the Biden administration, with the other two being Minneapolis and Louisville.
Notably, the DOJ press release announces that it will not only be investigating possible systemic excessive force and racially disparate policing, but it will also investigate how the Phoenix Police treat the homeless population, how they deal with citizens with disabilities and whether they retaliate against citizens for exercising thier 1st Amendment rights.
Needless to say, this is a refreshing change from Bill Barr's Department of Justice priorities that involved working to the benefit of Donald Trump's criminal associates like Roger Stone, Mike Flynn, Steve Bannon, Paul Manafort and others.
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Former Congressman Doug Collin is now representing Donald Trump (I assume he got his retainer check up front). Collins just sent a truly remarkable letter to former acting Attorney General Jeffrey Rosen regarding Rosen's upcoming appearances before Congress to testify about his conversations with Donald Trump. In a letter that should be studied by law students in a class called "Bad Lawyering 101", Collins asserts that it is unlawful for the Biden administration/the Department of Justice to waive executive privilege and allow Rosen and other DOJ officials to testify. But rather than saying that Collins will therefore bring a legal challenge to prevent the testimony, he instead says that because Donald Trump doesn't want to create a "distraction", they will not "seek judicial intervention" to stop the DOJ officials to testify about their conversations with Trump.
Wait . . .what???
Here is a breakdown of what's really at the heart of this absurd letter by Doug Collins. For our Team Justice and Justice Matters merchandise shop, please visit:
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The CNN headline says it all "Trump's $100 Million Threat to Democracy." With so much at stake, the most important question for our Department of Justice is . . . what's the hold up on charging Donald Trump for his criminal conduct?
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In a smoking gun revelation by the New York Times, Department of Justice Officials disclose that Donald Trump told them to lie to the American pelaple by saying the election was corrupt and he will "take care of the rest" with the help of his Republican allies in Congress.
This kind of a statement constitute direct evidence of Donald Trump's corrupt intent/criminal state of mind/guilty mens Rea. this kind of direct evidence of criminal intent is like the holy grail for prosecutors and will make a prosecution of Donal Trump a relatively easy proposition.
This video discusses the three questions that must now be answered in the wake of this revelation.
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When it comes to the question of if and when Donald Trump will be held accountable, it may be too early to conclude the tide is turning. But given a half-dozen recent legal developments, the waters of justice undeniably are warming. Those stories include: - Both the House of Representatives General Counsel and the Department of Justice REJECT Mo Brooks plea for help in the suit that Rep. Eric Swalwell and others filed against him for inciting the January 6 attack on the US Capitol - DOJ's decision in the Swalwell/Brooks case is important foreshadowing of how they will resolve the identical issue regarding plea by Trump to be protected by the DOJ - Trump's longtime friend and Chairman of his Inaugural Committee, Tom Barrack is indicted and may very well decide to cooperate with prosecutors in a bid to save himself - Trump's Chief Financial Officer, Allen Weisselberg, stands indicted - The Trump Organization stands indicted for, among other things, a 15-year-long criminal scheme to defraud in the first degree - A House of Representatives Select Committee is conducting a legitimate investigation into what lead to the attack on the US Capitol - Last but not least, a Texas Republican endorsed by Donald Trump just lost his bid for office in Texas, suggesting that Trump's influence is fading, if not outright failing.
Indeed, the waters of justice are warming.
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Donald Trump's friend, close associate and Inaugural Committee Chairman, Tom Barrack, was arraigned in Federal Court in Brooklyn New York and released on $250 million bail. Specifically, he was released to travel to Aspen, Colorado, where he will live in his $15,000,000 mansion pending trial. This after the Department of Justice characterized Barrack's conduct as "disloyal" to the United States. It looks like it good to be a billionaire friend of Donald Trump.
What's in store next for Barrack? Hopefully . . . justice.
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Tom Barrack, longtime Trump friend/associate, and the Chairman of Trump's Inaugural Committee, has been indicted on seven felony charges. The charges include conspiracy, failing to register as a foreign agent, obstructing justice and repeatedly lying to the FBI in an attempt to cover up his crimes. The question now becomes, will Barrack decide to cooperate with prosecutors and provide any information he has about the crimes of others.
This video discusses the important take-aways from the indictment of Tom Barrack.
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Longtime friend and associate Tom Barrack has been indicted for unlawfully acting as a foreign agent for the United Arab Emirates, (UAE) conspiracy, obstructing justice and repeatedly lying to the FBI to cover up his crimes. Barrack served as the Chairman of the Trump inaugural committee, which is also under investigation for possible financial crimes.
The 46-page indictment paints a disturbing picture of Barrack being directed by his Emirati handlers from the UAE national security and military agencies to push UAEs priorities and policies in the United States. The indictment related that the Emirati officials would tell Barrack to "praise" certain UAE officials and policies and Barrack would dutifully go on national TV and do exactly as he was directed.
This video discusses the important take-aways from the indictment of Tom Barrack.
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In the new book by Carol Leonnig and Philip Rucker, "I Alone Can Fix It", the authors reveal that Chairman of the Joint Chiefs General Mark Milley put plans in place to defeat any attempt by Donald Trump to unlawfully retain power after losing the presidential election.
All military members are taught that lawful orders must be obeyed and unlawful orders must be disobeyed. Gen. Milley was honoring his oath of office and allegiance to the Constitution by preparing to defeat any attempt at an illegal coup.
Here is a discussion of the importance of our government officials being guided by their responsibility to the Constitution, particularly as Trump and many Republicans continue to push The Big Lie on the American people.
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Donald Trump sat for interviews with author Michale Wolff for a new book titled Landslide. Trump reveals some things about Supreme Court Justice Brett Kavanaugh that should breathe new life into calls for an investigation into Kavanaugh. Indeed, New Yorker Magazine previously catalogued the many unanswered questions surrounding Kavanaugh, including his mysteriously evaporating mountains of debt. This video reviews some of the Kavanaugh matters that still scream out for a full, fair, apolitical investigation.
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Former President Donald Trump gave a hate-filled, largely fact-free speech at CPAC - the Conservative Political Action Conference. Trump berated Bill Barr for not helping him overturn the election results, he slandered Hillary Clinton as his adoring fans chanted "lock her up," he mocked others and cursed like an ill-tempered teenager, and his groupies in the crowd loved it. Donald Trump will continue to do all he can to destroy American democracy until the Department of Justice finally indicts him for the many crimes he committed in violation of the laws of the United States. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/
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Donald Trump has filed a transparently frivolous lawsuit against Twitter, Google and Facebook, claiming his First Amendment free speech rights have been violated. The problem is, even a casual reading of the Constitution would have alerted Trump and his lawyers to the fact that the First Amendment does not apply to private businesses/social media platforms. Trump's suit will be dismissed and Trump's lawyers may be on the hook for sanctions for filing a baseless suit. Here is an overview of how this suit might play out and the potential for Donald Trump to be forced to sit for a deposition before the suit is dismissed.
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Other countries prosecute their criminal leaders - Presidents, Prime Ministers, etc. For example, France, South Korea, South Africa and Italy have all prosecuted former leaders for crimes they committed while in office. However, in the United States there is no precedent for prosecuting a criminal former president.
Prosecutors generally don't like to take maiden legal voyages, that is, bring a case that is unprecedented. Prosecutors like to have legal precedent as a blueprint. They like to have the comfort and cover of being able to point to an appellate court opinion - legal precedent - and say, "this has been done before, so I am not breaking new legal ground."
However, logic and common sense dictate that, if you require precedent to indict a criminal former president then we could NEVER charge a criminal former president. Indeed, the way prosecutors create precedent is by doing something for the first time.
The real question is - is there anything prohibiting the prosecution of a former president for crimes he committed while in office. The answer is a definitive NO - there is no law, no statute, no appellate court opinion and no Supreme Court precedent prohibiting the prosecution of a former president.
This video discusses prosecutorial considerations in taking a maiden legal voyage - brining a novel case for which there is no legal precedent and relates example of when such novel legal cases have been brought in the courts of Washington, DC.
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There is an ominous sentence on page ten of the Trump Organization/Allen Weisselberg indictment that suggests two other Trump Organization employees might be next in line for indictment. The sentence reads: “In addition to Weisselberg and his family member, two other employees received substantial amounts of compensation in the form of lodging in New York City and the payment of automobile leases.” You don’t need to read between the lines to realize that these two unnamed Trump Organization employees may have committed the very same crimes for which Weisselberg was just indicted. This begs the question, who else might have been so high up in the Trump Organization or so firmly entrenched in Trump’s inner circle that they might also have been part of the criminal scheme to defraud. There are certainly some Trump family members that would seem to fit that description. Any way you slice it, this language about “two other employees” being beneficiaries of the criminal scheme is a strong signal that future indictments are likely.
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Several news outlets are reporting that the Trump Organization and its Chief Financial Officer Allen Weisselberg are going to be criminally indicted tomorrow by a New York grand jury. Although Trump himself is not expected to be indicted tomorrow, even Trump's lawyer, Ronald Fuschetti, said of tomorrow's indictment, "this will be their (the prosecutor's) first blow." Needless to say, this suggests that additional "blows" - additional indictments - are not far behind. Indeed, continuing Mr. Fushetti's analogy, tomorrow's indictment can be viewed as the opening bell in the long fight for justice.
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As the nation waits for a possible indictment of the Trump Organization to be handed down by the New York grand jury in connection with District Attorney Cy Vance's investigations, the question is often asked - why does it seem to take prosecutors so long to indict people for their crimes?
This video explains the difference between "reactive" grand jury investigations in which an arrest is made and prosecutors labor under strict court deadlines and "proactive" grand jury investigations - like those against Matt Gaetz, Rudy Giuliani, Donald Trump and others - where there is no arrest and therefore no deadlines. Here are consequences of cases the prosecutors work in the grand jury with no deadlines. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/
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An alarming headline in Politico indicated that Trump's lawyers are saying New York District Attorney Cy Vance won't indict Donald Trump. However, Trump's lawyers then qualified their claim by saying that DA Vance told them Trump won't be indicted in the FIRST indictment expected to be handed down by the grand jury, but that the criminal investigation in ongoing.
When prosecutors investigate large RICO/conspiracy/criminal organization cases, they almost always start with relatively modest indictments designed to leverage cooperation from the smaller fish. Prosecutors then build the case toward the larger criminal fish with a series of what are called superseding indictments. So do not expect to see Donald Trump indicted in the early rounds of NY indictments.
This video presents an overview of the typical prosecutorial blueprint for investigating and indicting cases against corrupt organizations.
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In a stunning 33-page court order, the New York Supreme Court, Appellate Division, suspended Rudy Giuliani's law license for his steady stream of what the court calls "uncontroverted lies" about the 2020 presidential election. The court sets out in excruciating detail the evidence that proves Giuliani lied about, among other things, voting in Pennsylvania, voting in Georgia, dead people voting, underage people voting, convicted felons voting, etc. The judges detailed how Giuliani lied at press conferences, at state legislative hearings, on radio interviews, podcasts, TV shows and in court.
This video reviews the highlights (or perhaps lowlights) of the court's findings about Giuliani's sweeping and systematic lies designed to undermine confidence in our free and fair elections.
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According to Washington Post reporting, Donald Trump and his Chief Financial Officer (CFO) Allen Weisselberg have ben seen sliding in and out of Trump Tower close in time to one another, though the two have not yet been sighted together. There is some reporting that Weisselberg is resisting cooperating against Trump. If that is the case, there are several options available to New York District Attorney Cy Vance, as discussed in this video.
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There has been a rising chorus demanding accountability for Donald Trump and company for their many crimes in violation of federal law. Both Senator Elizabeth Warren and Representative Eric Swalwell are on record calling for a presidential crimes commission or task force to investigate and prosecute Trump. The Boston Globe recently published a six-part series arguing in favor of prosecution the criminal former president as the only way to save our democracy.
Justice is a team sport. We The People can't just sit on the sidelines and hope for the best. We must get in the game. One concrete way to do that is to sign a letter/petition that already has been signed by more than 200,000 Americans urging Attorney General Merrick Garland to establish a task force to investigate and, where the evidence supports it, prosecute all crimes committed by Donald Trump and his criminal associates.
The letter/petition can be found at freespeechforpeople.org. Please note, I have no affiliation of financial interest or involvement in the Free Speech For People nonprofit organization. I just believe in the cause of this and other nonprofit organizations that are fighting every day for a free, fair, representative democracy and a government free of crime and corruption.
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President Biden's Department of Justice under the leadership of Attorney General Merrick Garland has been a mixed bag. This video reviews several recent DOJ decisions, from police department "Pattern or Practice" investigations, civil rights prosecutions and high profile subpoenas of folks like Rudy Giuliani to DOJ's decision in the lawsuit for the clearing of protestors from Lafayette Square and the recent decision in the E. Jean Carroll case. Specifically, this vide contains a review of the DOJ's legal rationale for filing an appeal in the Carroll case and the pros and cons of the position DOJ has decided to take in that case.
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Donald Trump is now telling people he will be "reinstated" as president in August. He won't, of course. Here's what he's likely trying to accomplish with his latest outrageous lies.
Donald Trump is a federal problem which calls for a federal solution. It's certainly a good thing that he's being criminally investigated by the states of New York and Georgia for the crimes he committed in violation of state laws. But he also must be held accountable for his federal crimes. Here's why the leadership of the Department of Justice is up to the task.
*One correction: during the video I actually (and inadvertently) said "Donald Fraud" instead of "Donald Trump." Perhaps the ultimate Freudian slip.
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Last year, Bill Barr and others directed that Lafayette Square be cleared of protestors who were exercising their 1st Amendment rights so then-President Donald Trump could walk across the street to stand in front of a church for a political photo-op. The ACLU filed suit on behalf of protestors and journalists that were assaulted by law enforcement officers while they cleared the way for Trump's political stunt.
In a troubling move, the Department of Justice has now urged the judge to dismiss the case, claiming that Trump, Barr and other government officials have immunity from this particular lawsuit. This video presents an argument for why the suit should not be dismissed but instead should proceed to the discovery phase to, at a minimum, determine if Trump and Barr were acting within the scope of their official governmental duties when they ordered the area cleared - shutting down the protestors' exercise of their 1st Amendment rights, for a presidential photo op.
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A grand jury differs in every respect form a trial jury. Here is a detailed explainer of how grand juries operate and what it means that Manhattan District Attorney Cy Vance has impaneled a special grand jury to sit for six months to investigate Donald Trump and the Trump Organization.
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New York Attorney General Tish James made an unusual public announcement that her investigation into the Trump Organization has now changed from civil to criminal and that she is partnering with District Attorney Cy Vance. This dramatic and somewhat unusual announcement is inarguable bad for Trump and company. Here's what we know, here's what we can reasonably infer and here is a bit of informed speculation about what might have prompted this significant development.
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Matt Gaetz criminal bestie Joel Greenberg pleaded guilty in Federal court in Florida today. One of the lesser discussed charges to which he pleaded guilty is "conspiracy to commit an offense against the United States." This is an ominous charge. Though the plea agreement does not disclose what crime against the US Geernberg conspired to commit or who his co-conspirator are, today's plea is the first of what will be a series of dominos that will begin falling. Given Greenberg's cooperation with prosecutors, indictment of others can't be far off.
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In an exercise of propaganda that would make George Orwell blush, Georgia Representative Andrew Clyde tells the American people that the January 6 insurrection never happened and that the behavior of the people in the US Capitol that day "looked like a normal tourist visit."
With those absurd statements, Congressman Clyde likely has made himself a star witness at all future trials of those who breached the Capitol, damaged property and assaulted police officers. Each defendant now has a basis to subpoena Clyde and force him to testify in their defense that there was no insurrection on January 6 and that the people in the Capitol behaved just like tourists on any other day. Here's how all this may play out in court.
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In a move that may signal the beginning of the end of the Republican Party as presently constituted, Republican representatives vote to oust Congresswoman Liz Cheney from her leadership position because she refuses to adhere to The Big Lie and refuses to pledge allegiance to The Big Liar. There is no reasonable argument that ousting Rep. Cheney for telling the truth will EXPAND the Republican base or attract new voters to the Republican Party.
So, rather than try to attract new voters with . . . policies, Republicans seek to win future elections by passing voter suppression laws. Here is why the Republicans will fail and why today's self-inflicted wound is a turning point for our nation.
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Based on new Washington Post reporting today we've learned that "The Big Lie" was actually cooked up two years ago by a Republican political dirty trickster as a way to cast aside the will of the American voters and corruptly keep Donald Trump in power. The Republicans are insisting that all party members adhere to The Big Lie and pledge allegiance to The Big Liar or face ouster. This is yet another reason Merrick Garland's Department of Justice must move toward charging Donald Trump for his crimes. It seems like it's taking an eternity for justice to come for Trump. But we should take heart that DOJ made dramatic legal moves just one week after Lisa Monaco was confirmed by the Senate as the Deputy Attorney General. Here is why the indicators are trending toward justice.
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There are two main ways mental health issues intersect with criminal prosecutions: 1. competency to stand trial and 2. insanity defenses. Here is an overview of those two features of the criminal justice system and why a "Foxitis" defense is not a legally viable defense in a criminal prosecution.
However, the fact that defendants are saying they were inspired and incited to violence by the incessant lies of Donald Trump as repeated and amplified by Fox News should give the federal government, specifically the executive branch, every reason to regulate "news" outlets that peddle fiction as fact and should give the legislative branch reason to prohibit "news" outlets from peddling fiction as fact when it incites imminent violent conduct.
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Judge Amy Berman Jackson issued an opinion ordering the release of a Department of Justice Office of Legal Counsel memo and related DOJ internal communications that Bill Barr claimed factored into his conclusion that Donald Trump could not be charged for the obstruction of justice offenses documented in the Mueller report. Judge Jackson's findings are scathing, criticizing the representations of Barr's DOJ in the litigation as "disingenuous" and unworthy of "credence."
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We now know that both Rudy Giuliani and Matt Gaetz were on the receiving end of search warrants in investigations opened by Bill Barr's Department of Justice and presumably accelerated by Merrick Garland's DOJ.
Here's a discussion of some of the evidence against Gaetz and Giuliani. Given what we know about the status of each investigation (which admittedly is not all that much), which of this two Donald Trump loyalists might be indicted first?
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In a 10-minute interview on the Fox network that is pure theater of the absurd, Rudy Giuliani gets one of the most basic propositions about search warrants dead wrong as he struggles to explain away the federal search warrants that were just executed on his home and his office. Here is a sometimes light-hearted look at Rudy's ramblings.
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Given the recent federal search warrants for Rudy Giuliani's home, office and electronic devices, it appears federal prosecutors may be moving in the direction of criminally charging Giuliani. The next big decision for Giuliani will be whether he wants to cooperate with prosecutors to bring others to justice. If anyone knows the value of cooperation it's Rudy Giuliani, a former US Attorney.
Also, might Trump secretly have granted Giuliani a pardon before leaving office? And if Giuliani has a "pocket pardon", will Attorney General Merrick Garland be willing to fight any and all corrupt pardons in court? Here's a discussion of those and related issues.
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When federal prosecutors in New York previously tried to obtain search warrants for Giuliani's property they were blocked by the hierarchy in Bill Barr's Department of Justice. It now looks like the era of Bill Barr's free pass for Donald Trump associates is officially over as federal agents executed search warrants on Rudy Giuliani's home, office, computers and cell phones. In a very real sense, America just took one big step on the road to accountability and justice.
Here is a nuts and bolts review of the realities of a federal judge issuing search warrants and how things might play out moving forward. One correction: toward the end of the video I mistaken say "federal agents" when I intended to say "foreign agents."
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Rather than use the available provisions of the North Carolina law to seek release of the videos that show the last minutes of Edward Brown, Jr's life, the Pasquotank County Sheriff's Office decides instead to show only 20 seconds of one (of 7) videos of the fatal shooting. This is opposite of law enforcement transparency. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschnerMy podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.Follow me on:Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
A Senate Committee takes up President Biden's nominees to join the US Postal Service Board of Governors. Only the Board of Governors can fire Postmaster General Louis DeJoy - you remember him, the guy who slowed mail delivery in advance of the 2020 elections. If confirmed, the democrats will be in control of the Board for the first time since 2016. Could justice finally be coming for Louie DeJoy? For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschnerMy podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.Follow me on:Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
In the wake of the guilty verdicts of former Minneapolis police officer Derek Chauvin for the homicide of George Floyd there are some frequently asked question: 1. Why was Chauvin charged with three seperate homicide counts for just one killing;2. How might the judge sentence Chauvin on those three offenses of conviction;3. What is the average/guideline sentence for his crimes under Minnesota law; and4. How might the "aggravating factors" being pursued by the prosecutors impact the sentence?Here is an explainer my based on my experiences as a career homicide prosecutor. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschnerMy podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.Follow me on:Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
In a story that has remained somewhat under the radar screen, AFTER Trump lost the election, he arranged to install loyalists at the Pentagon and the National Security Agency for reasons that have no obvious connection to our nation's security. Here is the sequence of events that led to the installation and almost immediate suspension of Devin Nunes's former Chief Counsel, 35-year-old Michael Ellis, as the NSA's top lawyer. We need to know from the Biden administration what it has found inside the government agencies Trump decimated.
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The Biden administration just revealed additional proof that the Trump campaign colluded with Russian intelligence to cheat/gain unfair advantage in the 2016 presidential election. It turns our that Paul Manafort, Trump's campaign chairman, provided confidential polling data and campaign strategy information to Konstantin Kilimnik who then provided it to Russian intelligence. But even more important than the substance of the information is the Biden administration's decision to release the information to the American public. Here's why the decision to disclose the information may have us trending toward justice.
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Search warrants require that law enforcement authorities have probable cause to believe that there is evidence of a crime in the place or thing to be searched. When the FBI and the Department of Justice apply to a federal judge for a search warrant to seize and search the cell phone of a sitting member of Congress, that is a very big deal. Here's an explanation of the search warrant process and why this development spells real trouble for Matt Gaetz.
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Derek Chauvin presented the testimony of medical examiner/forensic pathologist Dr. David Fowler. He offered different (and often unsupportable) opinions than all other experts on George Floyd's cause and manner of death. Here's a takedown of his testimony and why he likely lost more points than he won for the defense.
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Several medical expert witnesses have testified in the Derek Chauvin trial involving the murder of George Floyd. One witness was a standout: expert Pulmonologist Martin Tobin. Dr. Tobin put together for the jury the 1-2-3 of George Floyd's death in a way no other medical witness has thus far. Here is a deep dive review of why Dr. Tobin's testimony was so compelling.
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Prosecutors just nearly tripled the charges against Matt Gaetz close friend and ally, Joel Greenberg, with Greenberg's trial just around the corner - set for June. This looks like the typical prosecutorial squeeze play, with federal prosecutors looking to flip Greenberg on Gaetz. Here's how things are likely to play out . . .
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There is mounting evidence that Donald Trump's gross mismanagement of the coronavirus pandemic resulted in thousands, indeed hundreds of thousands, of avoidable COVID-19 deaths. It's time for state authorities in all 50 states and the District of Columbia to open investigations to hold Trump, Kushner, Pence and others Trump administration officials accountable for avoidable deaths. It's time for accountability. It's time for justice. Because Justice Matters.
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The New York Times reported that Congressman Matt Gaetz is the "subject" of a sex trafficking investigation that was initiated some months ago by the Bill Barr Department of Justice. Importantly, the Times reported that Gaetz himself confirmed that DOJ prosecutors told his lawyers that he was a subject of the investigation.
The term "subject" has a specific definition in accordance with DOJ rules and procedures. Here is what it means to be a "subject" of a criminal investigation, as opposed to being a "target" of an investigation or a "witness" in an investigation.
Gaetz also gave a remarkable interview to Tucker Carlson of the Fox network. What Gaetz offered viewers was a nonsensical, exculpatory word salad of denial. Here is a review and takedown of two specific claims Gaetz tried to peddle to Tucker Carlson.
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Billion-dollar defamation suits continue to mount against Fox News. Dominion Voting Systems is the latest plaintiff to sue Fox for defamation. Fox's litigation position will be challenging given that one of its marquee guests, Sidney Powell, has also been sued for defamation and has admitted in her reply to the suit that "reasonable people" would not have credited what she said.
The federal government needs to take on news organizations that peddle fiction as fact. Here is how the government can regulate and legislate in this arena while honoring First Amendment protections of free speech and a free press.
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Prosecutors announced in a recent court filing that they have "substantial evidence" that the Oath Keepers militia group was involved in a conspiracy to attack the US Capitol on January 6.
Here is an explanation of the law of conspiracy and why this important development moves things in the direction of justice.
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For those of us who worked at the Department of Justice, we were shocked when we saw former Acting DC US Attorney Michael Sherwin give an interview to 60 Minutes discussing the evidence in the ongoing investigation in the Capitol attack. DOJ rules prohibit commenting on ongoing investigations without prior approval from the DOJ leadership. Given the new CNN reporting, we now know that Sherwin DID NOT get the required approval from the leadership of the Department of Justice before sitting for the 60 minutes interview. What are the consequences to the investigation and to Sherwin himself of such a flagrant violation of DOJ rules? Here are some possibilities . . .
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The Department of Justice has strict guidelines that generally prohibit federal prosecutors from commenting on pending criminal investigations. Nevertheless, the Trump/Barr installed Acting US Attorney Michale Sherwin went on 60 Minutes and gave a strange and unorthodox interview.
This video reviews the US Attorneys' Manual provisions governing Disclosure of Information Concerning Ongoing Investigations (section 1-7.400) and then discusses some of the revelations by Sherwin, who actually departed the DC US Attorney's Office as of Friday. Curiouser and curiouser.
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As featured in today's Huffpost, "The Democracy Pledge" is a grassroots citizens' group designed to put companies, businesses and corporations on the record and on the spot by documenting which ones support democracy and which do not. The initiative was founded by Glenn Kirschner as part of his Team Justice endeavors, designed to encourage full citizen participation in the fight for democracy and justice.
The Democracy Pledge - www.thedpledge.com - is a place where consumers can go to see which companies pledge to support democracy and which do not. Voters' voices are loud. But to corporate America, consumers' voices are even louder. Let's let them hear our voices.
Please visit and sign up for email notifications about which companies support democracy at www.thedpledge.com.
On Twitter: @thedpledge On Facebook: @thedpledge
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My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.
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Four years ago, Bill O'Reilly asked then-President Donald Trump if Vladimir Putin is "a killer?" Trump refused to condemn Putin but instead criticized American, saying, "you think our country's so innocent?"
Four years later, an American President finally answers the question, this time from George Stephanopoulos, "Is Vladimir Putin a killer?" Here's how President Joe Biden answered the same question . . .
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My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts.
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The FBI just arrested Julian Khater and George Tanios for participating in the January 6 attack on the US Capitol. These two insurrectionists were charged with nine counts, including assaulting the late US Capitol Police Officer Brian Sicknick, as well as assaulting two other police officers. However, court documents reveal that they have not been charged with the homicide of Officer Sicknick.
As a career DC homicide prosecutor and former Chief of Homicide at the DC US Attorney's Office, this charging decision is entirely consistent with the way we generally investigate and charge large conspiracy cases that involve potential homicide offenses. Here's why . . .
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One of the leaders of the January 6 attack on the US Capitol, Jacob "Q Shaman" Chansley, filed a motion seeking release pending trial. In the event there's any doubt that the courts are taking these criminal cases against the Trump supporters who attacked the US Capitol seriously, Judge Lamberth's 32-page order denying Chansely's request to be released from jail pending trial should lay those doubts to rest. Judge Lamberth's order is must reading for those who feel frustrated and disheartened at the way justice seems to have ben elusive in recent years. Here is a deep dive review of how the judiciary is viewing the severity of the attack on our Capitol and our democracy.
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Merrick Garland is an experienced public corruption prosecutor and perhaps the country's primmer domestic terrorism prosecutor. Republicans likely are going to rue the day Mitch McConnell unconstitutionally deprived Judge Garland of his confirmation hearing when President Obama nominated him to be a Supreme Court justice. At long last, it feels like justice just might be coming. And #JusticeMatters.
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Former Minneapolis Police Office Derek Chauvin (along with three other officers) is charged in connection with the homicide of George Floyd. In the first installment of this daily video log, I take on a few of the issues that will be addressed on day one of jury selection, scheduled to begin on Monday, March 8, 2021.
There are many tactical and legal issues surrounding the trial. The overarching question is: will George Floyd, his family, the community and our country see justice for what was done to George Floyd?
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In three related stories:
1.Veteran Federal prosecutor (and my friend and colleague) Channing Phillips takes over as Acting US Attorney for the District of Columbia, dislodging Bill Barr acolyte Michael Sherwin.
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Today's Senate hearing reveals that Pentagon officials - including Gen. Charles Flynn - brother of former Trump National Security Advisor and admitted felon Mike Flynn - refused to send National Guard troops to protect the US Capitol on January 6 because it would be "bad optics."
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Intelligence reports publicized today indicate that insurrectionist groups are potentially planning another assault on the US Capitol on March 4. Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
It's undeniable that there were significant law enforcement and security failures at the US Capitol on January 6. FBI Director Christopher Wray testified before the Senate Judiciary Committee about what the FBI knew and when it knew it.
Although these are serious issue, the Republican Senators did their best to inject a good bit of levity (albeit unintentionally), asking about everything BUT the Trump-inspired insurrection at the Capitol. Here's a recap of the serious AND the frivolous questioning of Director Wray.
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Steve Bannon may have won a battle by accepting a Trump pardon to help him get out of his federal prosecution. But Bannon may end up losing the war, as he's now being criminally investigated by New York District Attorney Cy Vance. Importantly, not only is a presidential pardon inoperative against state court prosecutions, but the US Supreme Court has said that accepting a pardon is akin to a confession to the crimes for which you are pardoned.
As I mention during the second half of this video, if you'd like to sign the Team Justice letter to all 50 state attorneys general urging them to open investigations into avoidable COVID deaths, you can read the letter here:
patreon.com/posts/47596972
And here is the link to sign the letter: forms.gle/bfTzqPYisNJVCStt8
I hope you'll join us in our efforts to hold Trump and company accountable for preventable COVID deaths. Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
Senator Ron Johnson tells outrageous lies during the Senate hearing into the January 6 attack of the US Capitol. Indeed, CNN reported: "Ron Johnson just dropped a ridiculous conspiracy theory at the Senate Capitol attack hearing."
Johnson's lies clearly were designed to give aid and comfort to the insurresctionists. In this video we tackle the following question: do Johnson's lies constitute the federal offense of Accessory After the Fact, in violation of 18 US Code, Section 3?
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Today was a good day for justice in America:
- The Supreme Court FINALLY ruled that former President Donald Trump's taxes and financial records must be giving to NY District Attorney Cy Vance;
- The Supreme Court refuses to hear the Republican challenge to the Pennsylvania election results; and
- Attorney General nominee Merrick Garland gives senators a masterclass in justice, fairness and equality during his confirmation hearing before the Senate Judiciary committee.
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On the eve of his confirmation hearing for Attorney General, Merrick Garland released the opening statement he will deliver at the beginning of tomorrow's hearing.
Judge Garland's announced priorities are a salve for a nation bruised and battered after year's of disregard for the rue of law by former AG Bill Barr and the unabated political corruption of the Trump Administration.
Here is a preview of what to expect at tomorrow's confirmation hearing.
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Donald Trump may need to add a new job title to his resume: professional defendant. Trump, Giuliani, The Proud Boys and the Oath Keepers have ben sued by the NAACP and Congressman Bernie Thompson. Let's discuss the ins out outs of that lawsuit and where the case is likely to go from here.
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There has been much discussion about the difficulty of proving that Donald Trump acted with corrupt intent when he whipped-up an angry mob and told them to "stop" the vote certification or, as he put it, "stop the steal."
I spent 30 years prosecuting cases in courts, military and civilian, proving criminal intent. Given the available evidence, including some recent New York Times reporting about what Trump was saying and doing while the insurrectionists attacked the Capitol and hunted for Mike Pence, it's crystal clear that Donald Trump's intent was corrupt from start to finish. Now, it's time for federal prosecutors to get into the grand jury and begin building a case against Trump for his crimes.
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When the impeachment votes were cast, 57 Senators voted that Donald Trump is guilty of inciting an insurrection but 43 Senators voted not guilty, falling short of the two-thirds required to convict Trump and ban him from holding office in the future.
The political process has failed to hold Trump accountable. It's now time for the DOJ and the courts, as well as state attorneys general, state prosecution offices and state courts to step up and show a true fidelity to the rule of law by investigating and prosecuting Trump's criminal offenses. Justice is not dead. In fact, lady justice is just getting warmed up . . .
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In a quixotic mix of poor lawyering, disrespect and untruths, Trump's defense attorneys debase an already ugly impeachment hearing. Here are some of the lowlights . . .
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House Managers (prosecutors) spend a second day presenting their evidence at Donald Trump's impeachment "trial." The only question I have is: Can I get a witness?
Here's a recap of some of the evidence and arguments of the day.
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As The Washington Post and other news outlets are reporting, President Biden will be asking for the resignation of all Trump-appointed US Attorneys, with two exceptions.
As a career federal prosecutor serving under every president from Reagan through Trump, I can attest to the fact that it is entirely usual for each new incoming presidential administration to ask current US Attorneys to resign so the new president can appoint US Attorneys who share and will implement his law enforcement priorities. This video explains that process.
However, President Biden did something remarkable, he pledged to leave in place two current US Attorneys to avoid even the appearance of impropriety. In this video, I explain why President Biden's actions in this regard give me patriotic goosebumps and prove that We The People finally have the government we deserve: honest, fair, just, ethical and devoted to equal justice for all. And Justice Matters.
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Here is a quick recap of day one of Donald Trump's SECOND impeachment trial. We had the unique opportunity to see lawyering at opposite ends of the quality spectrum. And we discuss the troubling result of 44 Republican senators apparently happy to give trump cover for launching a deadly insurrection on the US Capitol.
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We made it through Super Bowl Sunday and now it's . . . Impeachment Monday. With the impeachment "game" getting ready to kick off in the US Senate on Tuesday, here is an impeachment pre-game show discussing why an impeachment "trial" really isn't a trial in any sense of that word.
Also, we cover the tactical arguments we're likely to hear from the Democrats as well as from the Republicans. And then we take on the ridiculousness of some of what Rand Paul has been trying to sell about how the Dems incited violence during the BLM protests (highlighting the fact that Paul really should stick to ophthalmology and steer clear of lawyering).
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Several questions have arisen regarding the way the criminal justice system is handling cases involving insurrectionists.
Trump Donor turned Trump Judge Trevor McFadden let insurrectionist Jenny Cudd head to Mexico for a little R and R before her trial for trying to violently overthrow our government. Is this a justifiable judicial decision? And why didn't the Department of Justice oppose the request. Here are some possible reasons. Also, let's look at McFadden's track record.
Another insurrectionist demanded and received organic cuisine in the lockup. What should other defense attorneys now do on behalf of their clients who are also being detained pending trial?
And the most important question: does any of this represent equal justice for all?
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Insurrectionist Jenny Cudd, who once ran for Mayor of Midland Texas, bragged about how she violently broke into the US Capitol, violently broke down Nancy Pelosi's office door and how people stole things from the Speaker's office. Even after having two days to reflect on what she had done, she proudly declared, I would absolutely do I again.
Cudd was arrested and released. She then told Federal Judge Trevor McFadden, that she wanted to travel to Mexico, while pending trial, to enjoy a lovely "work retreat/bonding experience."
Judge McFadden, a long-time Federalist Society member, was appointed by Donald Trump and confirmed my Mitch McConnell's Senate. Judge McFadden said he didn't want Cudd to suffer the loss of her prepaid vacation and didn't want to interfer with her work-bonding retreat. He then said she she is not a danger to the community, despite the fact that just weeks earlier she participated in an attempt to violently overthrow our government. And she said she would "absolutely do it again."
If Jenny Cudd were a person of color, would she be enjoying a trip to Mexico after trying to violently overthrow our democracy?
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In an appalling bit of Republican obstruction, Lindsey Graham (who at the moment remains the leader of the Senate Judiciary Committee) is refusing to set a date for the confirmation hearing for Merrick Garland, President Biden's nominee for Attorney General. Graham's action is transparently in retaliation for the impeachment of Donald Trump. Indeed, Graham himself connects the two in a statement he released, saying, in part, "government requires trade-offs."
What can We The People do to try to fix what politicians have broken in our government and our country? This video discusses two of the Team Justice projects that are designed to encourage and inspire full citizen participation in all aspects of government.
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Donald Trump has struggled to find defense attorneys who are willing to represent him in his upcoming Senate impeachment trial. This is entirely unsurprising given that, 1. Trump is famous for stiffing his attorneys and 2. Trump reportedly is insisting on a defense that includes a false claim that the election was stolen from him.
Although the rules and procedures at a criminal trial versus an impeachment trial bear little resemblance to one another, there is one important similarity. In both criminal and impeachment trials, attorneys can be sanctioned and/or disbarred for offering demonstrably false defenses.
As a 30-year prosecutor, I often encountered defendants who tried to convince their attorneys to offer absurd or flat-out false defenses at trial. I called these the "rocket to Mars" defenses. Here's why Trump's version of the "rocket to Mars" defense is unlikely to make an appearance at his Senate impeachment trial.
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Donald Trump has used the word "Stop" over and over again to accomplish his nefarious ends: "stop" voting by mail, "stop" Congress from certifying the election results. Of course, Trump adds words like "fraud" and "steal", apparently believing it will somehow help shield him from criminal liability. Here's why he is wrong . . .
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Many people know of Merrick Garland primarily because he was nominated by President Obama to be a Supreme Court Justice but Senate Majority Leader Mitch McConnell unconstitutionally deprived Judge Garland of an "advice and consent" confirmation hearing.
What many might not know is that, as a Department of Justice prosecutor, Garland headed up the investigation and prosecution of our nation's deadliest domestic terrorism incident: the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Here is a review of Garland's work in that landmark case and why it makes him the right person to serve as Attorney General and head up the investigation into the January 6th insurrection at the US Capitol.
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As a career prosecutor, I was involved in many long-term criminal investigations, both overt and covert. As part of every investigation, we had to balance public safety concerns against the need to continue to investigate before moving to the "takedown" stage - arresting the targets of the investigation.
The available evidence supports a conclusion that Donald Trump incited the insurrection on the US Capitol on January 6th. Yet Trump has not yet been arrested for his crimes. Many are asking how long America has to wait before Trump is held accountable for his many offenses. Here are some of the concerns ordinarily driving the timing of arrests in conspiracy investigations.
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Two questions frequently are being asked in the aftermath of the January 6th storming of the US Capitol:
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Why are the individuals who are being arrested being charged with what seem like low level criminal offenses?
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Why are most of the insurrectionists being released by judges after they have been arrested and presented in court?
In my 30 years as a federal prosecutor, I investigated, indicted and tried many conspiracy cases. Here are some of the institutional, procedural and practical reasons driving the charging and detention/release decisions. And here are some of the real world reasons as well.
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The frustration of the American people is as understandable as it is palpable. Donald Trump committed so many crimes in plain sight yet he has been held accountable for nary a one. Moreover, it's being reported that Trump is golfing in Florida and plotting his revenge against Republicans who, in his estimation, did him wrong.
As a federal prosecutor for 30 years, rarely did I have as much evidence in a case as we've seen just publicly reported about Trump's crimes. Here is why need to be patient as we await justice to come for Donald Trump.
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In his first week, President Joe Biden has been signing Executive Orders at a remarkable pace. Notably, these executive orders have an overarching theme of restoring honor, decency, accountability, diversity and equality to our federal government. In short, he is trying to repair the incalculable damage to our government done by Donald Trump.
In another break with Trump precedent, Joe Biden directly confronted Russian President Vladimir Putin on the many issues for which Trump had given Putin a pass. Plus, the White House actually informed the American people of the substance of the conversation between Biden and Putin as opposed to having to hear about it from the Russia, as was always the case with the Trump administration.
In short, what a difference a week makes.
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Attorneys General of Maryland and the District of Columbia, as well as the nonprofit organization Citizens for Responsible Ethics in Washington (CREW) sued Donald Trump for his obvious and chronic violations of the emoluments clause of the Constitution (personally profiting from his office). The trial courts refused to dismiss the cases but Trump engaged in endless appeals and delays. When the cases finally made it up to the Supreme Court, the court dismissed the cases as moot because Trump is no longer president. This does little more than reward Trump for his endless delays. Sadly, the Supreme Court could have and should have relied on its own guiding principle of deciding - rather than dismissing - a case, that is "capable of repetition yet evading review." This unjust development reinforces the need for a Presidential Crimes Commission, as Congressman Eric Swalwell has called it, or a Trump Crimes Commission, as I have called it while sharing a panel with Rep. Swalwell. Given the Supreme Court's unfortunate dismissal, the emoluments issue must now be put on the Crimes Commission's agenda.
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The first Senate impeachment of Donald Trump was anything but a trial: no witnesses, no documents, no evidence, no testimony. Indeed, half of the Senators refused to hold Trump accountable for crimes and abuses he committed in plain sight.
But if Senate Impeachment Trial part one was an embarrassment, just wait until Senate Impeachment Trial: The Sequel. Every single senator - the jurors - has a disqualifying conflict, as they are either witnesses, victims or possible instigators/perpetrators themselves.
In my 30 years as a federal prosecutor I participated in jury selection hundreds of times. The first rule of jury selection is that each juror must be able to decide a case fairly and impartially, with absolutely no stake in the result. Now obviously, an impeachment trial is a political proceeding, not a criminal trial. But to suggest that senators who are witnesses to the insurrection, victims of the insurrection or enablers of the insurrection, can sit as fair jurors is pure folly.
In short, accountability and justice can not be achieved in a Senate Impeachment "trial." Accountability - justice - can only be achieved in a criminal trial.
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The Washington Post and the New York Times reported that Trump planned to oust Acting Attorney General Rosen so he could install a DOJ Official named Jeffrey Clark as AG so Clark could help him corruptly overturn the Georgia election results.
What are the next steps to address a situation where a president of the United States recruited a top DOJ Official to participate in a criminal conspiracy to corruptly overturn election results? Clark should be subpoenaed by both Congress and a grand jury empaneled to investigate Trump's attempts to steal the election. When Clark inevitably invokes either executive privilege or his 5th Amendment right against self-incrimination, here is how how issues will play out.
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Senate MINORITY Leader Mitch McConnell is demanding that the Senate MAJORITY Leader Chuck Schumer leave the filibuster in place, meaning that it would make it significantly harder for the Democrats to pass legislation or confirm presidential nominees on a simple majority vote.
This is the same Mitch McConnell who bragged about being the grim reaper and presiding over a legislative graveyard where he sent all of the bills duly passed by the House of Representatives to die. This is the same Mitch McConnell who refused to give Supreme Court nominee Merrick Garland his constitutionally required confirmation/advice and consent hearing claiming that such a hearing could not take place during the last year of a president's term only to turn around and hold a confirmation hearing for Amy Coney Barret just days before a presidential election. And now Mitch McConnell asks Chuck Schumer to let legislative bygones be bygones!? Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
Topic 1: President Biden has decided to keep Christopher Wray as the Director of the Federal Bureau of Investigation. Here are the pros and cons of keeping Wray in place.
Topic 2: Donald Trump pardons his close associate, Steve Bannon. Bannon therefore can not be charge in federal court but he CAN and should now be charged in state court. What are the consequences to a state court prosecution of Bannon's decision to accept a pardon? The answer might surprise you.
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During his inaugural address, Joe Biden said, "The dream of justice will be deferred no longer." Given the crimes and abuses of the Trump administration, Biden's words must become a battle cry. As difficult as it will be, the crimes of the past four years must be investigated and, when the evidence supports it, charged and prosecuted. There can be no justice without accountability, which is why President Biden's words regarding "justice" were as welcome as they were important.
Team Justice is on the job. Join us . . .
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It's being reported that Trump is preparing to issue as many as 100 pardons. This surprises exactly no one, as it's a fitting last act of a president who has been largely lawless during his four years in office.
But what are the consequences for the people who decide to accept a pardon from Trump? The Supreme Court answered that question in 1915 in the case of George Burdick v. The United States.
Mr. Burdick was the editor of the New York Tribune who refused to accept a pardon from President Woodrow Wilson. The Supreme Court ruled that Mr. Burdick was well within his right to refuse the pardon because accepting a pardon carries with it "an imputation of guilt and a confession" that you committed the crime for which you are pardoned. This is an important doctrine because those "confessions" by individuals who accept Trump's pardons can actually come back to haunt them in a number of ways. Here's how . . . Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices
As a career federal prosecutor, I spent 30 years arguing cases in courts. In the final days of the Trump presidency, here is the first in a series of "closing arguments" regarding the legal issues that will have to be addressed in. the near future by the Biden administration. Today's installment: why the Department of Justice MUST challenge a presidential self-pardon and why the courts will strike down the the pardon.
Tomorrow's episode: why the available evidence proves beyond a reasonable doubt why Donald Trump is criminally responsible for what happened at the US Capitol on January 6th AND why his corrupt intent/criminal mens rea/guilty state of mind is easier to prove than some might think.
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DC Federal District Court Judge Reggie Walton is presiding over Freedom of Information Act (FOIA) litigation regarding the Mueller Report. In that capacity, Judge Walton discussed in open court on Friday how his colleague on the DC Federal Court, Judge Emmet Sullivan, might challenge Donald Trump's pardon of Mike Flynn.
Having appeared as a federal prosecutor before both Judge Walton and Judge Sullivan, I can attest to how these two jurists are entirely dedicated to the rule of law and the integrity of the criminal justice system and the federal judiciary. Moreover, it looks like they will have the courage to challenge potentially corruptly issued presidential pardons, whether or not there is precedent for such a challenge.
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The recent Supreme Court decision, in which the court struck down New York's attempt to limit the size of religious gatherings for public safety reasons, provides a clear and compelling example of why we must increase the number of Supreme Court justices. We should not be locked in the perpetual battle of decisions that are decided by one justice. When we do that, we are letting one non-elected individual appointed by a partisan president set constitutional policy for 330,000,000 Americans. That is as dangerous as it is foolish.
There is NOTHING in the Constitution requiring nine Supreme Court justice. During our nation's history we have had as few as five and as many as ten justices on the Supreme Court. The time has come when we should no longer let just one swing justice - not Amy Coney Barrett, not the late Ruth Bader Ginsberg, not any other justice - decide what the Constitution means for 330,000,000 Americans. Here is what should be done to fix a problem we're been enduring for far too long.
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The New York Times published an article titled: "Can America Restore the Rule of Law Without Prosecuting Trump." The answer to that question can be gleaned from the first two statutes of Title 18 of the U.S. Criminal Code: 1 Principals and 2. Accessories After the Fact. Here's why it's critically important to the health and vitality of the rule of law that the incoming administration prosecute Trump and his criminal associates.
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An emergency room nurse in South Dakota relates her telling experiences with Covid patients who are unwilling to accept their diagnosis because of the continued disinformation from Trump and company. The only way to fix what Trump broke is education, accurate information, empathy and patience.
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With the election of Joe Biden and Kamala Harris, there is a powerful urge to move on from the past four years of the unabated crime and corruption that defines the Trump Administration. However, from the perspective of a former career federal prosecutor, here is why the county must now tackle the difficult but necessary task of investigating and, where the evidence supports it, prosecuting all crimes by all government officials - elected, appointed or hired.
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We always hear about how candidates make their "closing arguments" to the American people in the final days of the election. As we say in courtrooms - "closing arguments are not evidence." Let's look at six pieces of circumstantial election evidence and see what it tells us about the likely outcome of what may be the most consequential election in the history of our nation.
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Mitch McConnell has packed the federal courts with 220 judges. Some are already handing down opinions ranging from dubious to destructive of diversity, like Judge Justin Walker deciding that a photographer use her religious beliefs to discriminate against a same sex couple to Judge Neomi Rao who has issued "widely mocked" dissents and had her legal opinion/reasoning reversed by the full court of appellate judges.
Civic engagement by the citizenry is more important now than ever. A Citizens Brigade of Court Watchers can attend court hearings - all of which are open to the public - and keep an eye out for judicial misconduct, particularly by the Mitch McConnell judges who were rated "not qualified" by the American Bar Association but Mitch McConnell rammed them through the confirmation process anyway. Upon spotting the judicial misconduct, the court watcher can fill out a short, simply "Judicial Misconduct form and forward it to uscourts.gov in an effort to hold McConnell judges accountable. Here's the plan . . .
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During her Supreme Court Confirmation hearing, Amy Coney Barrett used something she called super-precedent as a fancy legal-sounding vehicle to hide her ideological preferences. Her confirmation will necessitate future additional to the Supreme Court to help fix what Trump and McConnell broke.
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Trump's behavior before, during and after the now-exposed conspiracy to kidnap Michigan Governor Gretchen Whitmer raises substantial questions of Trump's potential responsibility for how people react to his statements, his suggestions, his commands and his directives. Here is a discussion of the law of conspiracy as well as the 1970 law states regarding Racketeer Influenced and Corrupt Organizations (RICO).
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Ignoring all advice from the Center for Disease Prevention and Control, Trump gathers the rich, the powerful, the influential and the connected together at the White House for a special super-spreader event. The "masters-of-the-universe" crowd (h/t to Thomas Wolfe's Bonfire of the Vanities), decides to ignore all CDC guidance: no masks, packed shoulder-to-shoulder, lots of hugs and kisses. The political titans apparently believe that their wealth, status and influence serve as a magical shield, protecting them from the coronavirus. Now, one after another, they are testing positive.
On another front, Trump has no less than 10 doctors in crisp, white lab coats closely and carefully monitoring his every vital sign as he sends DOJ attorneys into court to fight like hell to take health care away from tens of millions of America.
Donald Trump's deadly hypocrisy is the height of callousness.
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All indicators are pointing to Trump losing the upcoming election in a landslide. The prevailing wisdom is he will then file legal challenges in various courts contesting the election results. Based on legal doctrines such as "forfeiture by wrongdoing" and the "clean hands" doctrine, Trump will get laughed out of court by the judges. Trump's days in office are numbered.
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My good friend, retired police officer Brett Parson, pioneered the Washington D.C. Metropolitan Police Department's LGBTQ+ Unit. His work received Harvard University's Kennedy School of Government Innovation in Government Award, complete with a $100,000 grant used to replicate the model in other police departments around the country.
As you all know, I haven't had any guests on "Justice Matters." So I am proud to have Brett as my first guest to talk about his experiences as a police officer for three decades. Brett is the quintessential police officer, understanding that all victims are not the same, all witnesses are not created equal and all suspects are unique individuals whose rights must be scrupulously honored. Brett always policed from a place of empathy, decency and compassion. In short, Brett listened. He made the citizens of DC proud.
One note, as you all know, I am pathetically e-challenged so the sound/production quality is poor. I will work out the bugs as I move forward. Thanks friends.
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Bill Barr tasked U.S. Attorney John Durham with going on a witch hunt - investigating the Trump-Russia investigators - in efforts to undermine the origins of the Russia investigation, notwithstanding the fact that the Mueller Report AND the DOJ Inspector General (IG) Horowitz report AND the Senate Intelligence Committee reports all concluded that the Trump-Russia investigation was properly opened. Barr is looking for a different answer - one that helps Trump and hurts Biden. Hence, the Durham investigation.
One of Durham's top prosecutors, Nora Dannehy, abruptly resigned due to Barr pressuring Durham to issue an interim report PRIOR TO the election. Barr conduct is dead wrong in two ways: first, prosecutors do not issue reports. In my 30 years as a federal prosecutor, I never once issued a report. Second, nothing should be done by prosecutors within 60 days of a presidential election that could impact public opinion about the candidates. Barr violates all DOJ norms, protocols, traditions and ethical standards by pressuring Durham to issue an interim report so close to the election.
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EDITED: I mistakenly state that election day is "November 4, 2020." It is November, 3, 2020. My apologies for the error.
Trump and his nefarious associates believe they have perfected exploiting the delay in the court system to run out the clock and never be held to account. The fix is not as difficult as you might think. There's an abundance of specialized courts created to deal with specific types of cases. For example, there are drug courts, mental health courts, juvenile courts and domestic violence courts. In federal district court in Washington, DC, for example, there is reentry court. Creating these courts do not require an act of Congress. It simply takes the judicial branch--a co-equal branch of the government--to recognize a particularized need in the criminal justice system and instituting common-sense rule changes to address the need. If there was ever a need to address a deficiency, it is in the way nefarious actors exploit the delay inherent in the system. DC federal district court can easily remedy this weakness by creating an Inter-Branch Dispute Court (IBDC). When legal disputes erupt between the executive and legislative branches, like the need to enforce the House of Representatives' subpoena for Don McGahn's testimony in the impeachment inquiry, the IBDC can give the parties 72 hours to file their briefs, another 72 hours to present their oral arguments and the court decision would be entered within 72 hours of the conclusion of those arguments. The appeals court can follow the same 72/72/72 time table. Justice can be done in a matter of weeks, as opposed to the Trumps and McGahns of the world delay justice for months or years. This common sense approach to fixing a procedurally broken judiciary is a must for the health of our democracy.
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All the prohibitions in the world (as, for example, banning choke holds), won't accomplish a thing if the wrong people are populating our police forces. After 30 years as a prosecutor working with thousands of police officers, agents and detectives, here's my take on realistic, imminently doable police reform: extreme vetting/hiring practices with FULL citizen participation; extreme training and testing, with FULL citizen participation, until deescalation is muscle memory; and extreme accountability procedures with FULL citizen participation - including one excessive-force-strike and you're out, forever out, of policing, complete with National Accountability Registry for Cops (NARC).
Moreover, the reform process must involve questioning everything, like why and how an incident that started as a young man selling single cigarettes ends in a life taken. The time is now.
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We all know that Mitch McConnell has been packing the courts with ideologues, including several judges rated "not qualified" by the American Bar Association to serve as federal judges. The judicial candidates identified by McConnell and nominated by Donald Trump have inarguably degraded the quality of the federal judiciary.
This episode discusses a three-part plan to unpack the courts. After nearly four years of Donald Trump's reign, it's become apparent that we can no longer rely on the federal government to police itself. The concept of checks and balances, and coequal branches of government is becoming a distant memory.
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We The People have had to contend with an unending stream of crime, abuse and corruption from the administration of Donald J. Trump. Come January, when we have a law-abiding president and a law-enforcing attorney general, it will be time for accountability. As a 30-year federal prosecutor, I can assure you that there can be no healing without accountability. There can be no deterring other political criminals without accountability. There can b no justice without accountability. When it comes to political criminals, we've had to learn this lesson the hard way. Gerald Ford pardoned Richard Nixon, depriving the country of healing, of accountability and of justice. Indeed, the pardoning of Richard Nixon gave birth to the Donald Trump presidency. This time, there can be no "let's let bygones be bygones." This time there can be no turning the other cheek. This time there must be no putting our long national nightmare behind us by DECLINING to hold a criminal president accountable. This time there must be accountability. This time there must be justice. Because Justice Matters.
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