Morning Roundup: What’s Up With the (First) Indictment of Donald J Trump
I had a daydream about the Air Force Trump jet circling Manhattan, followed by a bevy of F-16s…
The events of Thursday, March 30, 2023 are sure to be discussed in future history textbooks, provided that the GOP book banners don’t win the culture wars.
Next Tuesday –unless he changes his mind– Donald J Trump will appear at a New York courthouse to be formally charged. I’d say the scene leading up to his appearance will be “spectacular” in the same way OJ Simpson’s chase was attention-getting.
The man who thought being President was the same as being King is now facing felony criminal charges issued by a local grand jury after hearing a local prosecutor’s case, which involved dozens of witnesses and numerous damning documents. My use of the word ‘local’ means any Get Out of Jail Cards laying around Mar a Lago are worthless. There will be no pardon at the end of this rainbow.
New York prosecutor Alvin Bragg put together a case, we’re told, built against Trump, based on its already extensive investigation into his business dealings, which have already yielded a court victory. A jury convicted two Trump companies on all 17 felony charges last December.
Based on who appeared before the grand jury in its final weeks,the 34 indictments cover far more than the Stormy Daniels hush money -- like Karen McDougal hush money or other hush money/catch-and-kill cases. New York State law makes deception or fraudulent business dealings a felony, provided they are connected to a second criminal act.
Bragg is just one of three prosecutors currently building criminal cases against Trump — and we are likely only at the beginning of the story of how state and federal law enforcement officials are preparing to hold the former president accountable.
The crux of the NY prosecution will likely be the use of the funds to advance Trump’s presidential campaign allegedly in violation of campaign finance laws. Making that part of the case involves convincing a jury that the timing of the former president’s actions provides the evidence needed. After months of demands, the money was wired to Daniels’ lawyer on Oct. 27, 2016, just days before the 2016 presidential election.
The mood at Mar a Lago prior to news of the indictment was relaxed. Trump’s ‘crack team’ of lawyers were reportedly telling the former president there was a strong possibility that he would not be indicted at all. The Washington Post reported that some of his legal team were getting ready for some time off with the understanding that any developments in the investigation wouldn’t happen until after Easter.
He’d even posted nice words about the grand jury on social media, arguing that the “evidence is so overwhelming in my favor.”
“I have gained such respect for this grand jury, & perhaps even the grand jury system as a whole,” Trump said in a post on Truth Social on Wednesday.
Things were panicked after news of the pending indictment broke. The ex-president’s spell checker must have not been nearby, as an angry social media response included transposing the word “indication” for “indictment.”
Outside of his lawyers, the rest of Team Trump had a plan in case of indictment and it was immediately activated.
Via Politico:
For most people, getting indicted is a setback. From Donald Trump’s team, it’s viewed as an opportunity. Aides to the former president moved aggressively on Thursday to capitalize politically on news that a Manhattan grand jury had charged Trump — using it to fill their fundraising coffers, mobilize loyalists and further solidify his hold on his base of supporters in the GOP presidential primary.
Most importantly was the grift, and his fundraising team was ready to go, with an email promising a 1,500% match on contributions. His advisors had already packaged a defense strategy –remember Trump doesn’t care about the law as much as he does about his image– involving two pillars:
It’s his lawyer’s fault. They’ll argue that the former president was merely relying on his lawyer’s advice. This isn’t a new idea, Trump himself has been shopping around that theory since at least 2018, when he was still at the White House.
Trump, seeking to protect his business reputation and his marriage, would have done it anyway. They’ll say the hush money payment didn't have to be reported to the FEC—regardless of whether he was running for office at the time. Again, this fits into previously used defenses, since he addressed this himself in three tweets in May 2018.
The ticking time bomb here is, according to the Daily Beast:
… the sworn affidavit Trump submitted in 2000 in response to a Federal Election Commission investigation. That probe focused on his role in alleged campaign finance violations strikingly similar to the issues reportedly at play in the Manhattan case—alleged straw donations and in-kind corporate contributions—and Trump’s affidavit demonstrated a deep understanding of those laws.
Here’s where it gets interesting; the FEC investigation went nowhere.
In 2018, the FEC’s Office of General Counsel found reason to believe that the payments were in fact unlawful, and that Trump, his campaign, and his company should be investigated. However, the Republican commissioners blocked that investigation—as they have done for every one of the dozens of complaints against Trump—citing the fact that Cohen, but not Trump, had already been held accountable, and the statute of limitations was running out.
…The statute of limitations argument was also in large part due to Trump’s own presidential powers. He refused to appoint a replacement commissioner, depriving the FEC of its quorum for more than a year—meaning the commission couldn’t make any decisions about enforcement actions during that time.
Two things are certain, even without knowing the particulars of the grand jury’s finding, namely that the prosecution will try to make its case in the courtroom, and the former President will make his stand on the courthouse steps.
At this point, reactions to news of his indictment are its most reportable aspects.
Fox News was initially shocked.
Then the vitriol kicked in and it was time to rally the troops around the former president.
Via the Washington Post:
Fox News hosts and other conservative commentators fulminated Thursday night against the indictment of Donald Trump, portraying it as an act of political repression, calling for protests and predicting “unrest.”
“It almost feels they’re pushing the population to react,” said Fox prime-time host Tucker Carlson, referring vaguely to Democrats. “‘We think they’re demoralized and passive, let’s see if they really are.’ At what point do we conclude they’re doing this in order to produce a reaction?”
Carlson’s guest, former ESPN personality Jason Whitlock, struck a similar tone: “They are agitating for unrest. That is the only way to interpret this,” he said, before seeming to call for some kind of response: “I’m ready for whatever’s next. And I hope every other man out there watching this show, I hope you’re ready for whatever’s next. If that’s what they want, let’s get to it.”
The New York Times:
“On Thursday evening, after the grand jury indicted him, Mr. Trump was angry but mainly focused on the political implications of the charges, not the legal consequences, according to people familiar with his thinking. He seemed eager to project confidence and calm, and was seen having a very public dinner with his wife, Melania, and her parents at the club at Mar-a-Lago.”
At the Biden White House:
In a series of discussions, senior White House aides have debated how to respond to a possible charge. The answer never changed: say nothing. Avoid being accused of trying to influence a criminal justice matter. And why get in the way if an opponent might be self-destructing?
Florida Democratic Rep. Jared Moskowitz: "Those lock her up chants that people were chanting like hyenas in a stadium around the country were never funny, perhaps they now understand why.”
San Diego/Orange County Democrat Rep. Mike Levin: Donald Trump deserves every protection provided by the Constitution, and due process under the law. As that process unfolds, let us neither celebrate nor further divide.
Bay Area Congresswoman & Democratic candidate for US Senate, Barbara Lee: "Now do the rest of his crimes."
San Diego Republican Congressman Darrell Issa, focused as always on the wrong thing ( or maybe this is him trying to be funny):
Former US Attorney Heather Cox Richardson:
But there was something striking about Trump’s statement. In blaming the “Radical Left Democrats” for their “Witch-Hunt to destroy the Make America Great Again movement,” he wrote, “You remember it just like I do: Russia, Russia, Russia; the Mueller Hoax; Ukraine, Ukraine, Ukraine; Impeachment Hoax 1; Impeachment Hoax 2; the illegal and unconstitutional Mar-a-Lago raid; and now this.”
It's not a list to be proud of, but that wording—“you remember it just like I do”—jumped out. Trump always goes back to what he calls the Russia hoax, his second attempt to rewrite the way people thought about his presidency (the first was the size of the crowd at his inauguration).
I’ll give columnist & podcaster Oliver Willis the final words, reflecting on the broader political implications of the events of this historic day:
We have to take the bright spots when we can get them. Trump is the corrupt criminal racist the right has rallied behind and continues to support. There is no better reflection of the conservative movement’s perverse core than the elevated role of Donald J. Trump within its ranks.
Congratulations, you built this filth and failure.
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An excellent piece, thank you. I would love to watch his perp walk of shame. I hope this NY indictment will increase the motivation for other grand juries to indict him.