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Things are moving right along as they should !

By islander
February 21, 2022 8:20 am
Category: News
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Excerpt from Teri Kanefield's excellent post from her blog.
*"These obscure court victories have important implications for federal prosecutions moving forward. In his Jan. 5 speech on the attack on the Capitol, Merrick Garland explained how complex investigations work: “We resolve more straightforward cases first because they provide the evidentiary foundation for more complex cases,” he said. “Investigating the more overt crimes generates linkages to less overt ones. Overt actors and the evidence they provide can lead us to others who may also have been involved. And that evidence can serve as the foundation for further investigative leads and techniques.”

One of the many advantages for prosecutors in working their way up from the more overt crimes to the less overt ones is that they can resolve these kinds of challenges early in the process — so that as they move into more difficult cases, courts have already given the green light on using the law to obstruct an official proceeding in cases relating to the insurrection and the attempt to interfere with Congress’s counting of electoral votes.

That law offers clear advantages to prosecutors. Charging insurrectionists under 1512 (c) (2), for example, permits prosecutors to sidestep the question of whether planners of the rally intended violence. To be prosecuted under this statue, the defendant need only have intended to “obstruct, influence, or impede” the counting of the electoral votes.

Deputy Attorney General Lisa Monaco recently confirmed that the Justice Department is investigating the fake electoral college certifications that declared President Donald Trump the winner of states he lost. Because courts have already rejected claims that U.S.C. 1512(c) (2) doesn’t apply to the certification of the vote, prosecutors need only determine whether creation of the fake elector certificates was intended to “obstruct, influence, or impede” the electoral vote count. Trump’s lawyer, Rudolph W. Giuliani, has been linked to the creation of the fake electors and the scheme, and the Jan. 6 committee is reportedly trying to explore whether the White House was coordinating the effort and whether any laws were broken."

* Teri Kanefield


Cited and related links:

  1. terikanefield.com


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Comments:

  1. by Curt_Anderson on February 21, 2022 10:00 am
    I am fully prepared to be disappointed by Merrick Garland, however I am an optimist.

    Some of my friends fret that they are not seeing any progress coming from the department of Justice. My response is do we really want Merritt Garland constantly publicizing doj progress? I'm happy that he's keeping Donald Trump and other American traitors guessing. I also don't harbor any illusions that Trump will be spending time in prison.

    I'll be happy if he gets fined a substantial amount. Speaking of substantial amounts he must be paying a small fortune to keep his team of lawyers defending him on various fronts.

    Since Trump is a deadbeat client who doesn't always pay his attorneys, he doesn't attract the best talent...as witnessed by the incompetent defense he had going up against Leticia James.


  2. by HatetheSwamp on February 21, 2022 10:21 am

    Just to be clear. I think that the DOJ is doing the best thing it can do. More than that, I'm convinced that, when it comes to Trump, he'll be found to have done all that he did legally, according to The Electoral Count Act (1887).

    Just as it was described on The Rush Limbaugh Program for about a month leading up to January 6th.



  3. by Curt_Anderson on February 21, 2022 10:30 am
    Trump is facing indictment in various courts in which that Rutherford B Hayes legal argument doesn't apply. It's doubtful that it would be a successful argument anywhere including as his insurrection defense.
    newsweek.com


  4. by HatetheSwamp on February 21, 2022 10:54 am

    Two things I've said many times:

    1. I despise Trump. I think he's despicable.

    2. You know how it goes with rich guys and the law.


  5. by islander on February 21, 2022 2:10 pm

    Curt,

    I’m quite optimistic myself that one way or another Trump is ultimately going to be held accountable for what he has done. Although I’d be very (pleasantly) surprised if we see him end up in prison, but if we don’t send him to prison, it will only be because he is a former president and we don’t want to be a country that puts its former leaders in prison. I have absolutely no concerns or worries that he’ll ever be elected president again or that he’ll even be able to run again, and I do believe that in the end he’ll be ruined financially. History will not be gentle on him when they portray him accurately for who and what he he is and what he did to our country.

    The only good I can see in all of this is that maybe, just maybe, the citizens of our country needed a wake up call in order to shake the cobwebs out of their heads in order to recognize the reality of how easily even our own country and our democracy can be subverted from within. What we have witnessed and are seeing now has clearly demonstrated the naiveté of the belief that it couldn’t happen here in our own country. We’ve now seen many of the flaws in our system of government that will need to be addressed.


  6. by HatetheSwamp on February 21, 2022 3:18 pm

    Bless your heart, isle. Keep the good thought.

    I challenge you to watch the next Trump rally. Not Trump's speech. About 20-30 minutes of the crowd as it gathers. There's usually about 4-6 hours of that stuff. It'll be on YouTube. Then, tell me how Trump won't be the GOP nominee.

    He got 75,000,000 votes in 020. With the new election integrity laws that will be in place by November 024, splain to me how the Dems are going to count enough votes for the Flatulent Fool or anyone else to beat that.

    As you know, I despise Trump. I think he's despicable. I'll only vote for him as a last resort. I'll vote for any other GOP in the Pennsylvania primary.

    But, in the general election, considering who the Dem might be, I'll almost certainly vote for the OrangeMan. I can't see any way another candidate will win in 024...if Trump still wants it.




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