Busy Tuesday: Trump Indictment #3 and more

This is being written after the fact, but Tuesday was a busy day for me keeping track of news. There was the baseball trading deadline (added an addendum to my Mets post from Saturday), the death penalty (see next post), and another Trump indictment.  August started with a bang.

The latest indictment is a federal indictment surrounding Trump's conspiracy to interfere with the 2020 election.  This is basically (rightly) seen as the motherlode.  It goes to the core of our republican system of government and involves attempts to deprive millions of their right to vote.  It involves acts that threatened the life of the vice president.  And, it involves Republicans (including many running for president, though Pence is not onboard this time, and Kevin McCarthy) trying to SQUIRREL!  

Someone who seems to be continuing a lonely 14A, sec. 3 effort (I'm sympathetic about that part) argues prosecution is a bad idea. He's dead wrong.  He was wrong about the second impeachment and the heavy standard of proof applied to the first.  His addendum doesn't help matters by citing Ford.  Nixon resigned, for one thing, even if you think that is the right decision (I'm a tad less "hell no" than others).  

There is a certain cluelessness here mixed with injustice.  Like a dog with a bone that won't give it up, he is focused on Trump being disqualified.  But, there is little interest in that.  And, even if there was, it would be subject to extended litigation (see emoluments) with judges having multiple means to delay any final result (including flagging it as a political question for Congress to handle).  If he loses, it can be declared moot.

Note the addendum underlines that he does not just question the timing.  He suggests Trump shouldn't be indicted at all (like he was opposed to impeachment).  Everyone else involved can be liable, some of whom will serve long sentences.  He's special.  Yet again, like he has all his adult life, he will get away with it with limited cost.   Cost of doing business.  

This is patently absurd and disgusting.  He has voiced his opposition to Trump himself but this self-proclaimed conservative opposes basic consequences for one's actions.  The conservative values he supports involve aiding the few, allegedly for purposes of public peace.  But, even there, it is of limited value if you are going to block the people from choosing their leader.  Ford didn't do that.  Nixon himself stepped down.

The approach is woefully mistaken and unjust.  It is better than his fellow conservatives (he in the past so self-identified) who respond to the indictment by screaming UNJUST!!!!  PARTISANSHIP!!!  Or, D.C. IS A SWAMP! UNFAIR!  The leader of the House of Representatives included. 

The indictment spells out what was done. We lived through it all.  So many Republicans are on the side of the insurrectionist.  They are unfit to rule.  They are unfit to rule.  They are unfit to rule.  They are unfit to rule.

[ETA: Credit where credit is due and we saw this in the 1/6 Committee hearings.  Republicans have a lot to answer for.  I won't give even this subset too much credit.  But, push comes to shove, some did have a limit. Senate Republicans unlike a supermajority in the House did not sign on to the electoral vote protest.  

Again, they didn't convict Trump during the impeachment trials, etc.  They are very well part of the problem, including state Republicans who even now will still go along if Trump is the nominee.

But, like state officials in swing states and top Justice Department officials who did not go along with a Seven Days in May scenario, there wasn't only one way.  This underlines the horribleness of Kevin McCarthy et. al now.]

They know the facts are put forth to a candid world.  So, they try to use something else. An illicit conspiracy is made out to be free speech.  Something that from Pence down grants is dead wrong is made out to be a partisan witch hunt.  

And, like in the Manhattan indictment, there is now apparently a problem in having a trial (per constitutional rule) where the alleged crimes were committed.  This rejection of basic constitutional values with implicit racism (given the makeup of the DC jury pool) is not too surprising when the basis of republican government is attacked.

Republican after Republican says this. Unlike the documents and campaign corruption trials -- which are still important -- Pence (given his special role alone) is not going along.  But, DeSantis, Tim Scott ("the reasonable one"), and others go along with the rhetoric. Each and every one is a disgrace and reasonable people should state and admit the fact.  If you want to bargain with the devil to get the Supreme Court, face up to the stakes. 

A final thing I will say about this all is the continual idea that Garland choked and perhaps only the 1/6 Committee pushed him (or Jack Smith) to do this.  This ignores how long this process takes (as over 1000 other people were arrested and/or prosecuted), including how the Justice Department asked the committee for information as the hearings went on.  

The committee had a job to do and it had value, including informing and preparing the public for the prosecution. It is perfectly ordinary for the legislature to do investigations that are related and largely overlap with criminal ones.  They serve related but different roles.  And, a committee to investigate 1/6 would logically overlap with the prosecution related to the events.  

The system is slow.  There are various means to address things, including the political process and public opinion.  I wish things took quicker but realize like moving a tanker around, this is a long process.  The Georgia indictments still have not come down. I have not once, not once, heard the Garland haters say a word against that prosecutor.  I grant that I might have missed something.  But, it is patently blatant.  I am not calling her out.  Just saying her case -- large as it is -- still is a fraction of what the federal Justice Department has to handle.  This balances out all things being equal probably the fact they have more resources.   

Remember that Trump cannot pardon himself -- even if that was a thing, which it should not be accepted to be -- for state charges.  He can not throw a wrench into state prosecutions by corrupt use of his or some other Republican Justice Department.  There might be some way he can try to interfere, claiming supremacy or something.  But, it will be a lot harder.  The state prosecutions are important though obviously if Trump or another Republican wins in 2024 it will have horrifying effects overall.  

I will remain agnostic as to the ability to speed things up though am inclined to be convinced by those who argue the Justice Department's timetable was reasonable.  But, these attacks on Garland remain unfounded and to some degree patently unfair to me.  The anger and basic feeling that not enough was done is understandable.  On that point, however, let us remember the blame can be and should be spread around.  Let us not focus our ire on the wrong people, using them as misguided scapegoats. 

ETA: The Trump stuff is talked about ad nauseam but some basic FAQs are helpful.  I find this person generally on the ball.  

Anthony Michael Kreis is an expert on Georgia matters.  He's also playful on Twitter.