Category Archives: Criminal investigation of Trump

The Struggle for the Soul of America: Trump Found Guilty: Now What?

Posted on by
Reply

Donald Trump is finally being held accountable. That is a good thing for democracy and the rule of law. Still, no one knows how Trump’s guilty verdict on all 34 felony counts will affect the November elections. Will it increase his support at the polls this fall? I seriously doubt it. If anything, the guilty finding will likely give a number of undecided voters a reason not to support him. How many go that route could be critical to the final outcome.

That does not mean, however, that those voters will support President Biden. They could stay home or vote for third-party candidate Robert Kennedy Jr. or someone else. Yet, anything that reduces Trump’s vote count should help Biden’s re-election bid.

Here are some other factors arising from the verdict that may significantly affect the election. First up is the sentencing of Trump on July 11. The harsher the sentence the more outraged Trump’s supporters will be. But I still don’t believe it will increase turnout for him in November. Rather, it will likely make the campaign uglier and turn voters off.

As important as Trump’s sentence is, presiding Judge Juan Merchan’s remarks at the sentencing hearing may be just as compelling. While a judge must remain impartial during the trial, he can be very revealing about his reasons for the sentence he is imposing. That is, Merchan can point to Trump’s outrageous behavior, his disrespect for the court and the jury, and his lack of remorse in explaining his decision for Trump’s sentence. The judge’s laying this all out in open court could sway some undecided voters not to support Trump.

Another interesting result of the verdict is how Trump’s team will handle the appeal. Until now, Trump’s strategy has been to delay all court proceedings for as long as possible, hopefully until after November. That would prevent any adverse decision from hurting his election prospects. But now that he has been found guilty, Trump may very well reverse strategies. That is, he might move for a quick appeal on the chance that an appeals court would reverse his guilty verdict before the election. While not likely, a desperate Trump might try to pull that off to improve his chances of being elected.

Then there’s the Republican National Convention beginning four days after Trump is sentenced. Given the strong support for Trump from most Republicans following the jury’s verdict, it appears that Trump will still be the Party’s nominee for president. I can’t believe the convention’s ignoring the verdict and going full tilt for a convicted felon will go over well with swing voters still trying to decide for whom to vote. By the same token, those undecided voters may not be able to stomach voting for other down-ballot Republicans who want a felon to be our next president. It’s hard to imagine how this goes well for Trump and his Republican Party.

Finally, there’s the overriding issue of the survival of American democracy. The Republicans are trying to convince the public that this whole affair is just about politics. As Trump’s former vice president, Mike Pence, put it: “The conviction of former President Trump on politically motivated charges is an outrage and disservice to the nation.”[1] Really?

Isn’t everything Trump does politically motivated to win the presidency, give him authoritarian power, and eliminate any opposition to his authority? Trump’s conspiring with Michael Cohen and others to conceal the fact that he had sex with a porn star while his wife was home caring for their newly born child was motivated by his desire to win the 2016 election. If moderate Republican women and others had known the truth before they voted, Hillary Clinton may very well have been our 45th president. Our world would be a lot different today under those circumstances. But conspiring to conceal facts that could change the outcome of a presidential election is just politics according to most Republicans. Why should the American people care?

Well, the DOJ during Trump’s administration cared enough to prosecute Michael Cohen for the same campaign finance violations. He was found guilty and sentenced to three years in prison.[2] Why shouldn’t the leader of the conspiracy be treated the same way? Biden and the Democrats need to make that perfectly clear to every voter before Trump steals another election.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/.

[1] https://www.yahoo.com/news/disservice-nation-former-vp-pence-154731149.html

[2] https://www.justice.gov/usao-sdny/pr/michael-cohen-sentenced-3-years-prison

The Struggle for the Soul of America: Trump Is His Own Worst Enemy

Posted on by
Reply

On Thursday, August 10th, Special Counsel Jack Smith requested a January 2, 2024 trial date in the insurrection case against Donald Trump.[1] Objecting to such an early trial, Trump immediately fired back that Smith was “deranged” and the date was “election interference,” given the Iowa caucuses are just two weeks later on January 15, 2024.[2] 

The prosecutors have indicated that the first batch of discovery material they will share with Trump’s team includes roughly 11.6 million pages.[3] For the defense to just review that much evidence — and there’s more to come — would most likely take longer than five months.

Trump, on the other hand, wants to delay the trial until after the 2024 election. He is betting on winning the election. As president, he would then fire Smith and Attorney General Merrick Garland and have the charges dropped by his newly appointed attorney general.

By calling for such an early trial, Smith is giving U.S. District Judge Tanya Chutkan room to set a compromise date that would still be prior to the general election campaign next fall. The judge indicated that she would set the trial date at the next pretrial hearing on August 28th.

 If the trial is to be before the election — given that the voting public needs to know the verdict before going to the polls — it stands to reason the case should be heard before the Republicans choose their candidate for president next July. The GOP must know whether Trump is a convicted felon before it chooses its nominee.

Then, on Friday, Judge Chutkan held a hearing regarding “protective orders” governing evidence. Smith’s motion for a protective order was in response to Trump’s post on social media: “If you go after me, I’m coming after you.”[4] Trump has made a number of other threatening or intimidating remarks targeting potential witnesses, like former Vice President Mike Pence, as well as Smith, that could also impact the jury pool.[5]

But Trump’s bullying just may backfire. In response to his public browbeating, Judge Chutkan made it clear that she would not tolerate Trump harassing or threatening witnesses. She noted:

Even arguably ambiguous statements from parties or their counsel, if they can be reasonably interpreted to intimidate witnesses or to prejudice potential jurors, can threaten the process…The more a party makes inflammatory statements about this case which could taint the jury pool, the greater the urgency will be that we proceed to trial quickly.[6]

We all know what a hard time Trump has keeping his mouth shut. The judge has warned him and his lawyers that she “will take whatever measures are necessary to safeguard the integrity of these proceedings.”[7] That could even include incarcerating Trump prior to the trial. Just a few days ago in another federal criminal case, U.S. District Judge Lewis Kaplan revoked Sam Bankman-Fried’s bail and ordered him jailed pending trial for attempting “to tamper with witnesses” in his multibillion-dollar fraud case.[8]

While Trump may have valid arguments for a trial date later than next January, Trump’s inability to behave ethically in accordance with the judge’s orders may hasten his trial date and lead to his downfall. In effect, Trump is his own worst enemy.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.courthousenews.com/feds-push-for-january-trial-date-in-jan-6-case-against-donald-trump/

[2] https://www.yahoo.com/news/rattled-trump-melts-down-truth-135728272.html

[3] https://www.cbsnews.com/news/trump-protective-order-january-6-case-judge-hearing/

[4] https://www.politico.com/news/2023/08/04/feds-alert-judge-to-trumps-if-you-go-after-me-im-coming-after-you-post-00109944

[5] https://www.newsweek.com/donald-trump-mike-pence-attacks-jan6-trial-1818217

[6] https://www.politico.com/news/2023/08/11/judge-warns-trump-speed-trial-00110870

[7] Ibid.

[8] https://www.politico.com/news/2023/08/11/sam-bankman-fried-sent-to-jail-while-he-awaits-trial-00110933

The Struggle for the Soul of America: The Beginning of the End for Donald Trump

Posted on by
1

Many thought this day would never come. My gut told me that American democracy would not survive if it let Donald Trump off the hook. Then, on August 1, 2023, more than two and a half years after the January 6th attack on our nation’s Capitol, Trump was indicted for conspiring to overturn the 2020 presidential election. The former president is finally being held accountable for his treasonous conduct.

            While there is no guarantee that justice will prevail, there is now a clear and convincing path to Trump’s being found guilty as charged. For those who still remain skeptical, consider these factors:

            The Judge Assigned to the Case.  U.S. District Judge Tanya Chutkan, nominated to the bench by President Barack Obama and confirmed by a 95-0 bipartisan Senate vote, will oversee the case. She has stood out as one of the toughest punishers of rioters who stormed the U.S. Capitol on January 6th, even handing down harsher sentences than Justice Department prosecutors recommended. At one sentencing hearing, Judge Chutkan explained, “It is not patriotism, it is not standing up for America to stand up for one man – who knows full well that he lost – instead of the Constitution he was trying to subvert.”1

In November 2021, Judge Chutkan ruled against Trump in a prior hearing when she refused his request to block the release of documents to the U.S. House’s Jan. 6 committee by asserting executive privilege.2

            The Trial Venue. The January 6th conspiracy case will be tried in Washington, D.C., a pretty progressive city with a multicultural population. Unlike the Mar-a-Lago documents case in Florida, the jury pool will not be drawn from a Republican-friendly area more inclined to look favorably upon the former president.

Trump has already questioned whether an impartial jury can be seated in D.C. But Judge Chutkan previously ruled in the case of one January 6th defendant that the assumption the jury pool would be politically biased against them was “not an appropriate basis for changing venue.” She found that “Jurors’ political leanings are not, by themselves, evidence that those jurors cannot fairly and impartially consider the evidence presented and apply the law as instructed by the court.”3 Judge Chutkan will not permit the trial to be moved to another venue.

            The Timing of the Trial. It is critical that the case be tried before the November 2024 presidential election. The American people must know the outcome of this trial before they go to the polls, assuming Trump is the GOP nominee, which now seems likely. But Trump and his attorneys will do everything they can to delay the trial until after the election. They will argue that they need more time for discovery and pre-trial motions in such an important case.

Additionally, Trump will contend that the government had over two years to prepare its case, and, in all fairness, he should have just as much time to get ready for the trial. In fact, Jack Smith, the special prosecutor handling the case, was not appointed until November 18, 2022, less than nine months ago. Prior to that, the Department of Justice was focusing on prosecuting people who participated in the January 6th attack on the Capitol. Preparing the case against Trump was not the DOJ’s focus until Smith came on board. Thus, Smith can argue that giving Trump, who has known for several months that an indictment was coming, another nine months to get ready for trial would be equivalent to what the prosecutor has had to put his case together.

            The 1974-75 Watergate case involved high-level officials in the Nixon administration who were charged and convicted of conspiracy and obstruction of justice. It was a complex political trial comparable to the January 6th insurrection case. President Nixon was named as an unindicted co-conspirator in that case.4 The seven defendants were indicted on March 1, 1974, and tried and convicted in January 1975, less than a year later.5 Given the Watergate precedent, Trump’s trial could be completed by next summer.

            Trump already has two other trials scheduled for next year. In one of them, Manhattan District Attorney Alvin Bragg has signaled that he is ready to set aside former President Trump’s March 2024 trial date in New York to make way for a possible trial related to Special Counsel Jack Smith’s January 6th insurrection trial.6 That would make a Spring 2024 trial date for the insurrection case feasible. It would also provide Trump’s attorneys with approximately nine months to prepare for trial.

            The Prosecutor. Special Counsel Smith has a reputation for winning tough cases against war criminals, mobsters, and crooked cops.7 As a former prosecutor for the NM Public Education Department, I know that prosecutors do not bring charges against someone unless they are confident that they have the evidence to prove their case. I’m sure Smith has that confidence as well.

Smith called for a speedy trial in this case.8 One very significant indicator of Smith’s desire to bring this case to trial as soon as possible is that despite noting six other co-conspirators, none of them were indicted. Indicting others would have required more discovery and pre-trial motions which would have been more reason to extend the trial date. Smith is well aware of the importance of trying and winning this case before next year’s election.

The Key Witnesses. Almost all of the key witnesses in this case are credible Republicans, most of whom were appointed by or closely associated with Trump. Bill Barr, Trump’s former attorney general, confirmed that Trump “knew well he lost the election.”9

Former Vice President Pence stated that Trump pushed him to reject the Electoral vote count on January 6th in violation of his Constitutional role and send the election to the House of Representatives.10 There are many more GOP witnesses of high standing ready to testify how Trump plotted to overthrow the government. The picture they will paint is of a power-hungry tyrant itching to turn American democracy into an autocracy under his total control.11 The DOJ and the American people cannot allow this to happen.

The time has come. For Donald Trump, it’s the beginning of the end.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

  1. https://www.bbc.com/news/world-us-canada-66383603
  1. https://www.youtube.com/watch?v=wevombMsZFY
  1. https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2025.html

The Struggle for the Soul of America: Time to Renew Our Resolve for a Better World in the New Year

Posted on by
Reply

It’s the holiday season. Friends and families coming together to celebrate and enjoy each other’s company. A time of giving and wishing good will to all. A time to envision peace on Earth.

While we take as much of a break as we can from all the world’s troubles, it behooves us to remember the good fortune we do have. Be it our health, the connections with our loved ones, a warm home, or whatever.

Most of all, I deeply appreciate my community, a group of friends and family whom I can count on and who can count on me. With all the hardship and impediments we face in the world, where would any of us be without the support we receive from those close to us? For most of us, community is our salvation in good times and bad.

Though we do our best to be of good cheer, there are many dark undercurrents dampening the holiday spirit. From the war in Ukraine to the scourge of COVID. From the gun violence taking more of our children’s lives[1] to the increase in hate crimes against Blacks, Latinos, sexual minorities, and Jews.[2] And on and on.

At the same time, there are promising signs of better times to come in the new year. The just released final report of the January 6th Committee provides a mountain of evidence that Trump and his co-conspirators will be held accountable for the insurrection against our government.[3] Gas prices are way down as inflation is falling.[4] And Congress has come to an agreement on a new budget preventing a potentially disastrous government shutdown.[5] Perhaps, we are turning a corner as the winter solstice ushers in more light into our world.

So, as this very difficult year comes to an end, we need to not only give thanks for our blessings, but also renew our resolve to make our communities, our country, and this world a better place in the coming year. Many of us donate to various charities, volunteer at local food banks, work to revive our democracy or a multitude of other worthy causes. But is there more we can do? Of course.

We live in perilous times. it is naïve to think that the government, the church, the union or whoever will save us. Together, we can create a better country and world for all of us in the coming year. As the light begins to come back again, now is a good time for each of us to ask what more we can do to make it so.

Wishing everyone joyous holidays and all the best in the new year.

Bruce Berlin

P.S. I’m taking the next week off. See you in two weeks. Happy New Year!

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.kff.org/private-insurance/press-release/firearms-are-the-leading-cause-of-death-for-children-in-the-united-states-but-rank-no-higher-than-fifth-in-other-industrialized-nations/

[2] https://www.voanews.com/a/us-hate-crimes-rise-during-first-half-of-2022-/6713791.html

[3] https://www.nytimes.com/2022/12/22/us/politics/jan-6-committee-report.html?campaign_id=190&emc=edit_ufn_20221223&instance_id=80943&nl=from-the-times&regi_id=72679230&segment_id=120646&te=1&user_id=51750e72d4988f5b891f2289251150c2

[4] https://www.economist.com/finance-and-economics/2022/12/07/inflation-is-falling-but-not-enough?utm_medium=cpc.adword.pd&utm_source=google&ppccampaignID=17210591673&ppcadID=&utm_campaign=a.22brand_pmax&utm_content=conversion.direct-response.anonymous&gclid=Cj0KCQiAwJWdBhCYARIsAJc4idCu03831lAmQ47YEA99ce_c63u_oLwLwpGfhyMDFdylwcL46ZzOCrAaAnoYEALw_wcB&gclsrc=aw.ds

[5] https://www.dallasnews.com/news/politics/2022/12/22/government-shutdown-appears-averted-as-senate-nears-a-deal-to-advance-17t-funding-bill/

The Struggle for the Soul of America: Trump Indictment Coming Soon Because No One Is Above the Law

Posted on by
Reply

Donald J. Trump will be indicted before the spring of next year. Many of us, of course, believe he should already have been indicted and put on trial. But Attorney General Merrick Garland is a very deliberate man. He was not about to push for indicting Trump before the midterms and consequently be accused of playing politics with the indictment, not that he won’t get that pushback whenever an indictment does come.

Garland has made it very clear that he stands by the basic American principle that “no one is above the law.”[1] In the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol’s final public hearing this past Thursday, the Committee laid out a compelling case that Trump broke several federal laws.[2] Those include conspiracy to defraud the government, obstruction of justice and inciting a rebellion.[3] Now it is up to Garland and the Justice Department to act.

While a federal grand jury has been investigating allegations against Trump for many months, just recently the Department “issued over 30 more subpoenas to people within Trump’s orbit to appear before the federal grand jury.”[4] Then, on Thursday, the same day as the House Select Committee summed up its case against Trump, Chief U.S. District Judge Beryl A. Howell denied Trump’s claim of executive privilege, requiring that former Vice President Pence‘s chief of staff Marc Short testify before the grand jury.[5]

Judge Howell ruled that Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources.[6] Howell’s decision opens the door for the testimony of the recipients of those 30 subpoenas, many of whom, if not all, would be claiming executive privilege if not for Howell’s ruling. Their testimony will likely give the DOJ a good deal more evidence to bolster its already strong case against Trump.

Still, the DOJ has to wrap up its inquiry and bring whatever formal charges it can against Trump sooner rather than later. The Department must realize that it’s window of opportunity is time limited. Once the 2024 presidential election cycle begins in earnest later next year, Trump will use every trick he can to make a political circus out of the Department’s prosecution, not that he won’t do that whenever he is indicted. In which case, the prosecution could drag on and public opinion could turn against the Department. Thus, the DOJ must move quickly in the new year to bring charges against Trump and proceed to trial as early as possible next summer.

Garland has no other choice since no one is above the law.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.c-span.org/video/?c5024451/ag-garland-charging-president-law

[2] https://www.npr.org/2022/10/13/1125333531/jan-6-hearing-recap-takeaways-trump-subpoena

[3] https://www.businessinsider.com/jan-6-panel-trump-broke-laws-riot-2020-election-lost-2022-6

[4] https://time.com/6212677/donald-trump-investigations-explained/

[5] https://www.washingtonpost.com/dc-md-va/2022/10/14/marc-short-grand-jury-testify-pence-trump/

[6] Ibid.

The Struggle for the Soul of America: Trump Grapples for a Lifeboat as He Sinks Deeper into Troubled Waters

Posted on by
Reply

In the last month almost all the headlines have focused on former President Trump’s mishandling and concealing classified documents belonging to the government. Until very recently, it seemed like an open and shut case. Trump knowingly took the documents that belonged to the government. When he was asked to return them, he claimed he had. But a court-ordered search of Mar-a-Lago revealed that he still had many such documents in his possession in violation of federal law.

To no one’s surprise, Trump devised a scheme to delay the DOJ’s prosecution of this case. He got one of his hand-picked judges, U.S. District Judge Aileen M. Cannon, to order that a special master examinethe seized documents, telling prosecutors they cannot use the material until it is reviewed.[1] While legal experts believe the judge had no legal support for her ruling[2] and the Justice Department immediately appealed Cannon’s decision,[3] it is an open question as to the extent Trump’s maneuver will hamper the wheels of justice.

Though many are dismayed by his latest ploy, Trump is still in a heap of trouble. Former high ranking Justice Department lawyer Peter Keisler noted, “If the department concludes that the former president or others in his circle intentionally sought to deceive the government in order to obstruct its investigation, that would significantly elevate the seriousness of this already very serious matter.”[4]

From what we now know, it sure looks like Trump intentionally sought to deceive the government and obstruct justice. Nevertheless, his duplicity could unfortunately delay prosecuting him in this matter for some time.

Regardless, Trump is sinking deeper into troubled waters and his legal jeopardy will not go away. In fact, the DOJ’s continuing investigation into the January 6 insurrection and the conspiracy to have alternative electors overturn the 2020 election in a number of states will likely now receive greater scrutiny due to the delay in the concealment of government documents probe.

Former Trump White House lawyer Ty Cobb (not the baseball hall of famer) contends that the chances of Trump being indicted by the Department of Justice are “very high.” He recently explained that Trump’s “interfering with Pence…trying to persuade him in a very aggressive effort not to certify the election, and to send certain electors back, I think that was criminal.”[5] He believes Trump’s most serious legal problems are due to the obstructive activity he took in connection with the Jan. 6 proceeding…and the attempts to interfere in the election count in Georgia,  Arizona, Pennsylvania and perhaps Michigan.”[6]

Still, there will be no resolution of any of this until after November’s election. Neither the DOJ nor the states’ prosecutors will want any hint that their actions are politically motivated. Yet Trump’s obsession with being in the limelight will clearly color this year’s elections as well as those in 2024. Sink or swim, Trump just can’t help himself.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[2] https://truthout.org/articles/trump-appointed-judge-rejects-amicus-brief-in-bizarre-move-critics-say/

[3] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[4] https://www.washingtonpost.com/opinions/2022/09/01/republican-lawyers-trump-documents/

[5] https://www.cnbc.com/2022/09/09/ty-cobb-former-trump-white-house-lawyer-says-he-violated-constitution.html

[6] Ibid.

The Struggle for the Soul of America: Republican Dishonor Will Remain

Posted on by
Reply

“Tonight, I say this to my Republican colleagues who are defending the indefensible: There will come a day when Donald Trump is gone, but your dishonor will remain.”[1] That was the message Rep. Liz Cheney (R-WY), co-chair of the House Select Committee investigating the January 6th insurrection, gave to Congressional Republicans as the committee’s historic hearings began on June 9th.

After concluding three public hearings, Cheney’s warning has become even more foreboding. Yet, despite Trump’s unforgiveable transgressions against American democracy, a great many Republicans continue to support him and believe his Big Lie that the election was stolen.[2] The power Trump has over his party is just mindboggling.

A major test of the impact of the Select Committee’s hearings will be to what extent they influence Americans’ opinions not only of Trump, but of his Congressional Republican enablers. In a recent ABC News/Ipsos poll, “58% of Americans think Trump should be charged with a crime for his role in the riot.”[3] That is six points higher than before the hearings began.[4]

As the hearings continue, I believe that majority will likely grow even larger.  In fact, “ex-justice department lawyers say new revelations at the hearings increase the likelihood that Trump will be charged with crimes involving conspiracy to obstruct an official proceeding or defrauding the United States…”[5]

It stands to reason that an increasing majority would want to hold Trump’s Congressional enablers accountable as well. Afterall, the backing of a majority of Republican Congresspeople bolstered Trump’s baseless claims,[6] at least in the eyes of Trump voters.

The most effective way to hold those Republicans accountable would be at the polls this November. While conventional wisdom holds that the insurrection will not be a major issue in this year’s midterm elections, the Select Committee’s hearings could change that.

Of course, inflation and the economy will be very important factors in the election. However, if the hearings continue to provide overwhelming evidence of a conspiracy to overturn the 2020 election and destroy American democracy, then the seats of all the Congressional Republicans who gave credence to the Big Lie could be vulnerable. Instead of supporting Trump’s efforts to subvert the election, these Republicans could have stood up for the truth and our democracy. But their fear of Trump and their thirst for power were stronger than their allegiance to the Constitution and our democracy. For that, as Rep. Cheney noted, their dishonor will remain.

While Trump will not be on the ballot this November, the survival of our democracy will be. Republicans who supported Trump and his attempt to overturn the election are the enemies of democracy. They must be fully exposed as co-conspirators. Americans must understand that a vote for any of them is a vote to destroy our democratic process and create a Trump-led autocratic government. It is up to everyone who wants our democracy to survive to make that crystal clear to all Americans going to the polls this fall.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.npr.org/2022/06/09/1104083111/liz-cheney-stark-message-gop-trump-supporters

[2] https://abcnews.go.com/Politics/midterm-primaries-trump-retains-majority-gop-support-poll/story?id=84452201

[3] https://www.yahoo.com/gma/6-10-americans-trump-charged-130009380.html

[4] Ibid.

[5] https://www.theguardian.com/us-news/2022/jun/19/trump-charges-january-6-hearings-capitol-attack

[6] https://www.nytimes.com/interactive/2021/01/07/us/elections/electoral-college-biden-objectors.html

The Struggle for the Soul of America: Will the January 6th Select Committee Succeed?

Posted on by
Reply

While it’s not a sure bet, I believe the House Select Committee investigating the January 6th attack on the U.S. Capitol will succeed. And, in my view, there is only one measure of success. That is, the Department of Justice will indict Donald Trump for crimes against our nation based on the evidence the committee presents to the American people.

The country is clearly divided on whether Trump is culpable for the insurrection. Thursday’s first televised hearing was only the beginning of the committee’s effort to lay out its case that he is criminally liable. With Rep. Liz Cheney (R-Wy) leading the charge, it was a good initial step.

The committee’s evidence was convincing that there was a conspiracy to overturn the election. For example, it showed video of a meeting between leaders of two far-right groups, the Proud Boys and the Oath Keepers, the night before the attack. Then Capitol Police Officer Caroline Edwards testified that she observed about 200 members of these groups marching to the Capitol at 10:30 the morning of the insurrection, well before Trump urged the crowd at the Ellipse to go to the Capitol and “fight like hell.”[1]

If the “riot” was a spontaneous response to Trump’s speech, why were these right-wing groups already meeting in advance of January 6th? Why were they encountering police at the Capitol prior to Trump’s Ellipse speech? It stands to reason that they must have conspired in advance to be on the frontline of the larger attack they knew was coming.

The essential question that the committee must answer with concrete evidence in its subsequent hearings then is, to what degree was Trump involved in the effort to overthrow our government. What did Trump do or not do to advance the insurrection and with whom did he interact? As Rep. Cheney asserted, that attempt went well beyond the January 6th attack on the Capitol. In fact, it continues to this day.

Cheney explained that over the course of several months Trump had a “sophisticated seven-point plan” to overturn the 2020 election and prevent the transition of presidential power. In the next couple of weeks, the committee’s hearings will provide substantial evidence of Trump’s central role in executing his plan. When all else failed, the January insurrection was the final stab at accomplishing his goal.

Other elements of Trump’s scheme included:

  1. Spreading false and fraudulent information to the American public claiming the 2020 election was stolen from him,
  2. Replacing the Acting Attorney General, so that the Department of Justice would support his fake election claims,
  3. Pressuring state election officials, and state legislators, to change election results,
  4. Instructing Republicans in multiple states to create false electoral slates and transmit those slates to Congress and the National Archives, and
  5. Summoning his supporters to Washington and directing them to march on the US Capitol.[2]

When you put this all together, it’s clear that Trump’s intent was to overturn the election and remain in power by unlawful means. In practically all criminal cases, proving the accused’s intent is a critical element in obtaining a conviction. It’s now up to the committee to present evidence in its upcoming hearings that establishes Trump’s intent beyond a reasonable doubt. If it can do that, and I think they can, Attorney General Merrick Garland and the Department of Justice will prosecute Trump for crimes against the United States.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.usatoday.com/story/news/politics/2022/06/09/january-6-committee-hearing-live-updates/7529743001/

[2] https://www.cnn.com/2022/06/09/politics/jan-6-hearing-cheney-trump-overturn-election-plan/index.html

The Struggle for the Soul of America: Through the Darkness, Signs of Positive Change on the Horizon

Posted on by
1

We live in extremely challenging times. A great many of us are overwhelmed by what’s taking place in our country and in the world. Yet, as dark as it may seem, some encouraging signs of positive change are on the horizon.

The Ukrainian people in the face of a massive attack on their country are showing amazing courage and fortitude. An inspiration to all of us. “Ukrainian forces (have) continued to halt significant Russian battlefield gains,” according to recent reports.[1] At the same time, Russian protests against the war are steadily intensifying. More than 5,000 anti-war demonstrators were arrested in 69 Russian cities last Sunday alone.[2] Western nations have united to impose crippling sanctions against Russia in an effort to pressure Putin to end the war.[3] And military expert, retired Army Lt. Col. Alexander Vindman even predicted that “the Russian invasion into Ukraine marked the ‘beginning of the end’ for Russian President Vladimir Putin as casualties from the war grow.”[4]

On the home front, COVID cases are declining significantly.[5] Almost the entire country is open for business. The U.S. economy added a record 6.4 million new jobs in 2021.[6] And Congress finally passed a $1.5 trillion bipartisan budget, including support for Ukraine and climate protection.[7]

One of the most surprising signs of progress is in the redistricting battles occurring across the country. Republican gerrymandering was supposed to give the GOP a distinct, unfair advantage in November’s Congressional elections. But Democrats are winning redistricting court cases in key battleground states like Pennsylvania and North Carolina. According to CNN, “they now have a chance to come out better than expected, and perhaps even benefit from the new maps overall.”[8] With President Biden’s poll numbers finally rising, the Democrats just might have a chance of holding onto their majority in Congress next fall.[9]

Finally, slowly but surely, the January 6th insurrectionists are being brought to justice. Earlier this month, a federal jury convicted Guy Wesley Reffitt on the very serious charge of obstructing Congress’s certification of the 2020 presidential election. At the same time, the Justice Department announced the indictment of the former Proud Boys leader, Enrique Tarrio, on charges of conspiring with several of his top lieutenants to plan and launch the assault on the Capitol.[10]

Just this week Attorney General Merrick Garland stressed that “almost every U.S. attorney’s office in the country is working on this matter…People are working every day, 24/7, and are fully aware of how important this is. This had to do with the interference with the peaceful transfer of power from one administration to another. And it doesn’t get more important than that.[11]

Meanwhile, the House Select committee investigating the insurrection, recently said in a court filing that it had gathered sufficient evidence to conclude that former President Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.[12]

We are moving forward. Truly positive change is on the horizon.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.aljazeera.com/news/2022/3/10/russia-ukraine-war-military-dispatch-march-10-2022; https://us.yahoo.com/news/ukraines-army-vastly-outgunned-inflicts-211426968.html

[2] https://www.aljazeera.com/news/2022/3/10/anti-war-protests-intensify-in-russia-along-with-police-crackdown

[3] https://www.nytimes.com/2022/03/05/world/europe/russia-ukraine-invasion-sanctions.html

[4] https://www.yahoo.com/news/vindman-beginning-end-putin-171123293.html

[5] https://www.axios.com/covid-cases-continue-steep-decline-in-us-420ab059-19df-4d4c-9052-178fe17aeb3e.html

[6] https://www.bloomberg.com/news/articles/2022-01-07/u-s-sees-record-job-growth-in-2021-after-millions-lost-in-2020#:~:text=The%20U.S.%20economy%20added%20a,Labor%20Department%20data%20released%20Friday.

[7] https://www.nytimes.com/2022/03/10/us/politics/senate-spending-bill-approved.html

[8] https://edition.cnn.com/2022/03/08/politics/democrats-congressional-redistricing-fights-ctzn/index.html

[9] https://www.usnews.com/news/national-news/articles/2022-03-08/bidens-approval-rises-in-crisis

[10] https://www.nytimes.com/2022/03/08/us/politics/guy-reffitt-jan-6-trial.html

[11] https://www.npr.org/2022/03/10/1085016383/garland-says-the-jan-6-investigation-wont-end-until-everyone-is-held-to-account

[12] https://www.nytimes.com/2022/03/08/us/politics/guy-reffitt-jan-6-trial.html

The Struggle for the Soul of America: Democrats and Our Country Owe Liz Cheney a Deep Debt of Gratitude

Posted on by
Reply

How ironic that Rep. Liz Cheney (R-Wy) is leading the charge to save our democracy from Trump and his Republican enablers. Until last May, Cheney was the third ranking Republican in the House of Representatives.[1] She voted with Trump’s positions 93% of the time.[2] And, she’s the daughter of arch-conservative Republican icon, former Vice-President Dick Cheney.

Nevertheless, Rep. Cheney has chosen to stand up for the Constitution and the rule of law in the face of extreme pressure from her own party. Last Friday the Republican National Committee voted to formally censure Cheney and her fellow Republican Rep. Adam Kinzinger for joining the House Select Committee investigating the January 6th attack on the Capitol. The RNC’s resolution censuring the two Republicans claimed they were participating in the “persecution of ordinary citizens engaged in legitimate political discourse.”[3] Really?!

Here’s what Cheney is actually doing to save our democratic government. First and foremost, she is giving the House Select Committee’s investigation credibility that it would not possibly have been able to garner without her. When the third highest member of the House Republicans who voted in lockstep with Trump for four years bucks her president and the Party line, the country pays attention. Even diehard Republicans like Senate Minority Leader Mitch McConnell want to know what Cheney and her committee are going to reveal to the public.[4]

In addition, Cheney’s work in the effort to get to the bottom of how and why the insurrection occurred is helping to divide Republicans and aid Democrats. Republican Leader McCarthy and most elected party officials continue to support Trump and his Big Lie that the 2020 election was stolen. They downplay the riot and promote authoritarian causes like banning books and demonizing the press.[5]

At the same time, the anti-Trump/pro-democracy Republican movement is slowly growing, thanks in part to Rep. Cheney’s outspokenness. Recently, it gained momentum when Trump’s former Vice President Mike Pence joined its ranks.[6] As this movement grows and the Republicans become more divided, the Democrats’ chances in the November mid-term elections will also expand. When the House Committee’s hearings reach across the country on national television, swing voters who fear the demise of our democracy will side with the Democrats.

Finally, Cheney’s leadership is strengthening the committee’s resolve. According to the New York Times:

“Some of the Democrats on the committee were concerned that if the panel was too aggressive, Republicans might turn the tables on the Democrats whenever they took back control of the House. But Ms. Cheney insisted that the committee be as aggressive as possible. She said that the panel would face significant resistance from Mr. Trump’s inner circle, and that the committee would be criticized no matter what it did, so there was no reason to hold back in the face of efforts to impede its work.”[7]

I never thought I would say this, but thank you, Liz Cheney, for all you are doing to save our democracy.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.cnn.com/2021/05/12/politics/liz-cheney-gop-conference-vote/index.html

[2] https://cowboystatedaily.com/2021/01/26/liz-cheney-voted-with-trump-more-often-than-matt-gaetz-did/

[3] https://time.com/6145764/rnc-censures-liz-cheney-adam-kinzinger-january-6-donald-trump/

[4] https://www.nbcnews.com/politics/congress/mcconnell-says-jan-6-committee-s-findings-are-something-public-n1286194

[5] https://www.washingtonpost.com/opinions/2021/11/22/republican-authoritarianism-is-here-stay/

[6] https://www.brookings.edu/blog/fixgov/2022/02/08/is-trumps-hold-on-the-republican-party-getting-weaker/

[7] https://www.nytimes.com/2022/02/05/us/politics/january-6-committee.html