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bigtree

(85,998 posts)
Mon Jan 30, 2023, 07:06 PM Jan 2023

A challenge for Garland critics.

...tell us how YOU get to a Trump conviction on... anything.

More to the point, what evidence do you believe Garland has right now that he can take to court today and convict Trump? Not just generalities. Tell us what evidence, where it's to be found, and how it measures up against the probable defenses offered in court by perps.

If that seems impossible from where you sit, you might want to consider the challenges Garland's DOJ faces in building solid court cases with strong chances of conviction. Nothing reported is a slam dunk for a jury without an overwhelming amount of evidence against Trump. That's not going to be achieved by just reading articles from the NYT or The Nation to the jury.

I go hard at this because I haven't yet seen the state of DOJ's evidence, or measured any of that against the defenses that will be offered in court. I can certainly surmise that Trump and his cronies are guilty as hell. But, I can't tell from where I sit if DOJ prosecutors have all they need to overcome all of the obstacles that trials can present. It's just not possible.

What I can discern is there is an ongoing, if not recently ramped-up investigation and prosecution of the Trump WH, for Jan. 6, Mar-a-lago, and other criminal activity. NOTHING is out there to evidence that it has flagged or ambivalent in its efforts. Absolutely nothing. The evidence is to the opposite, considering the sedition convictions in the past weeks of individuals suggested to be linked to the Trump WH.

If anyone knows a better path to prosecuting these crimes, other than presenting news reports as actual evidence ultimately supportable in court on just the words printed, they should tell us and we can debate it with all due clairvoyance.

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A challenge for Garland critics. (Original Post) bigtree Jan 2023 OP
Did Michael Cohen go to jail on the same evidence? dem4decades Jan 2023 #1
I would love to believe Cohen bigtree Jan 2023 #2
Cohen has been transparent, he did Trump's bidding, at Trump's request. dem4decades Jan 2023 #6
I believe Cohen was convicted for tax issues, the Stormy issue just brought it to light Lettuce Be Jan 2023 #5
I thought he was sent to jail for campaign finance law. They did not declare dem4decades Jan 2023 #8
Exactly, gab13by13 Jan 2023 #25
Tax evasion and campaign-finance violations among a few others . Autumn Jan 2023 #47
no, Cohen paid the money, Trump allegedly paid him back. Hamlette Jan 2023 #81
It will all come together, any year now. Sneederbunk Jan 2023 #3
why should I believe it won't? bigtree Jan 2023 #7
Because people like Trump don't face consequences Marius25 Jan 2023 #11
you mean like the FBI who just indicted one of their own top prosecutors? bigtree Jan 2023 #14
You are aware that McGonigal's ex-girl friend turned him in? gab13by13 Jan 2023 #18
3 years ago, correct? That's some justice. dem4decades Jan 2023 #21
My point was, gab13by13 Jan 2023 #27
Would not have happened without his EX outing him WA-03 Democrat Jan 2023 #51
that's a lucky break treestar Jan 2023 #77
This message was self-deleted by its author Chin music Jan 2023 #34
straw man. No one said that you can't criticize treestar Jan 2023 #76
This message was self-deleted by its author Chin music Jan 2023 #108
with what? treestar Jan 2023 #141
This message was self-deleted by its author Chin music Jan 2023 #142
A prosecutor isn't Trump or members of Congress Marius25 Jan 2023 #20
not exactly the image of a FBI overly concerned with protecting institutions bigtree Jan 2023 #32
Trump inthewind21 Jan 2023 #115
Who do you think committed that fraud? Marius25 Jan 2023 #137
McGonigal was a prosecutor? dpibel Jan 2023 #86
because that would make what difference to my point? bigtree Jan 2023 #88
You are the person demanding dpibel Jan 2023 #103
Bernie Madoff went to jail treestar Jan 2023 #74
Wealthy on wealthy crime dpibel Jan 2023 #87
They went to prison because they broke the cardinal rule: Bettie Jan 2023 #135
Specifically - Trump has been a criminal all of his life and has never once been charged with a Maraya1969 Jan 2023 #16
I agree. Remember all those money laundering rumors? dem4decades Jan 2023 #23
LOL spot on! Emile Jan 2023 #9
After we're all dead. dem4decades Jan 2023 #10
You could try reading the responses to this thread iemanja Jan 2023 #44
Does this challenge also apply to Garland critics who aren't criticizing Garland for failing to RockRaven Jan 2023 #4
pick one bigtree Jan 2023 #12
Obstruction of justice in repeated refusal to return the MAL docs... brush Jan 2023 #17
Yup, you get it. gab13by13 Jan 2023 #28
but why should the investigation be halted just to get what you say is an easy conviction bigtree Jan 2023 #29
I gave you what you asked for. Don't move the goal post. brush Jan 2023 #46
what's the goal post? Isn't it conviction bigtree Jan 2023 #53
If you don't think a conviction from obvious obstruction of justice... brush Jan 2023 #60
that's not what I said at all bigtree Jan 2023 #65
Still moving the goal posts. All those docs stolen by trump... brush Jan 2023 #68
no they are not all evidence of a crime, certainly not just possessing them bigtree Jan 2023 #71
I didn't mention espionage. You did as you slyly tried to moved the goal post again. brush Jan 2023 #75
right, you didn't. You need to address that bigtree Jan 2023 #79
Nice try. Doesn't fly though as other charges can always be pursued. brush Jan 2023 #80
so they should do the prosecution piecemeal? bigtree Jan 2023 #82
Please proceed with this, but I'm done. brush Jan 2023 #83
from where I stand bigtree Jan 2023 #84
This message was self-deleted by its author Celerity Jan 2023 #125
This message was self-deleted by its author Chin music Jan 2023 #50
you're barking up the wrong tree bigtree Jan 2023 #56
This message was self-deleted by its author Chin music Jan 2023 #57
what is this about? bigtree Jan 2023 #61
This message was self-deleted by its author Chin music Jan 2023 #63
it's not excuse making. I present FACTS about state the investigation bigtree Jan 2023 #66
This message was self-deleted by its author Chin music Jan 2023 #69
actually they won't notice bigtree Jan 2023 #72
This message was self-deleted by its author Chin music Jan 2023 #85
this discussion isn't about friendship bigtree Jan 2023 #91
This message was self-deleted by its author Chin music Jan 2023 #93
but this discussion isn't about friendship. bigtree Jan 2023 #97
This message was self-deleted by its author Chin music Jan 2023 #107
one more post bigtree Jan 2023 #110
This isn't the first time you've characterized disagreement with you, or lack of Scrivener7 Jan 2023 #114
since I wasn't talking with you bigtree Jan 2023 #119
You wrote an OP on a discussion board. I guess discussing on a discussion Scrivener7 Jan 2023 #120
are you okay? bigtree Jan 2023 #124
I'm fine. Is that angst you're communicating? Scrivener7 Jan 2023 #126
a little bigtree Jan 2023 #127
You too! Scrivener7 Jan 2023 #128
So inthewind21 Jan 2023 #118
This message was self-deleted by its author Chin music Jan 2023 #122
This message was self-deleted by its author Chin music Jan 2023 #37
The January 6th Report answered your question liberalmediaaddict Jan 2023 #13
isn't that what the Proud Boys and Oath Keepers cases in court right now are about? bigtree Jan 2023 #22
Members were just found guilty of seditious conspiracy liberalmediaaddict Jan 2023 #67
This message was self-deleted by its author Chin music Jan 2023 #39
Your explanation is asking me to believe that Garland gab13by13 Jan 2023 #15
I'm impressed. Thank you. dem4decades Jan 2023 #19
why should Garland move on the documents case before all of the documents are accounted for? bigtree Jan 2023 #24
This message was self-deleted by its author Chin music Jan 2023 #30
zero evidence they're not proceeding bigtree Jan 2023 #36
This message was self-deleted by its author Chin music Jan 2023 #41
"..They have enough to get started,..." 👈🏾👈🏾👈🏾 THIS !!! uponit7771 Jan 2023 #38
I have listened to numerous former prosecutors, gab13by13 Jan 2023 #35
you won't find many who think DOJ should just shut down the docs investigation bigtree Jan 2023 #45
Why do you believe this? dpibel Jan 2023 #102
This message was self-deleted by its author Chin music Jan 2023 #49
+1, this is a good summation and there are a list crimes Mueller outlined with a high probability .. uponit7771 Jan 2023 #33
5 years is up for Garland. gab13by13 Jan 2023 #42
Maybe you should tell the investigators who opened a grand jury that they're wasting time AZSkiffyGeek Jan 2023 #48
Personal attack, nice touch. gab13by13 Jan 2023 #100
How did I attack you? AZSkiffyGeek Jan 2023 #105
Meanwhile the Republicans are free to spew their lies day in and day out accusing Democrats of Autumn Jan 2023 #55
You are still posting the same falsehoods. fightforfreedom Jan 2023 #139
Thank you mcar Jan 2023 #26
+1 ancianita Jan 2023 #104
The House report for one iemanja Jan 2023 #31
do you know the state of what DOJ considers enough to indict and convict? bigtree Jan 2023 #52
If you don't consider that reasonable evidence iemanja Jan 2023 #62
not excuses, facts. bigtree Jan 2023 #70
and you do know? How is that? iemanja Jan 2023 #73
of course it's a roadmap bigtree Jan 2023 #78
***Michelle Obama***, "...my husband would be in somebody's jail by now." uponit7771 Jan 2023 #40
+1 Emile Jan 2023 #43
+1 Bettie Jan 2023 #134
Barr threw Trump Big Shots in jail licketty split GreenWave Jan 2023 #54
August 2018 for Manafort bigtree Jan 2023 #59
So you think that we should have an AG like Barr? AZSkiffyGeek Jan 2023 #64
Right this sounds like a divisive group attack. 48656c6c6f20 Jan 2023 #58
K&R betsuni Jan 2023 #89
The problem with this exercise is they still do not know of any exculpatory evidence Bev54 Jan 2023 #90
I'm trying to get that across bigtree Jan 2023 #96
I am not sure you will change their minds, they seem very closed and not Bev54 Jan 2023 #98
Tell it to Rachel Maddow. I'm sure the episode will be posted when it's available Autumn Jan 2023 #113
I watched Rachel and she was talking about SDNY Bev54 Jan 2023 #121
The year is 2033 edhopper Jan 2023 #92
Yeah, well... It's not a Law & Order episode!!!!!11!!2 Scrivener7 Jan 2023 #116
The Evidence is Already Overwhelming - Courage Seems to be the Problem. waterwatcher123 Jan 2023 #94
+1000 Emile Jan 2023 #95
what evidence do you have that 'courage' is lacking? bigtree Jan 2023 #99
Read Elie Honig's new book when it comes out. gab13by13 Jan 2023 #106
This message was self-deleted by its author Chin music Jan 2023 #131
President Trump's staggering record of uncharged crimes republianmushroom Jan 2023 #101
This message was self-deleted by its author Chin music Jan 2023 #130
I don't want be rude, but I'm done here. It was certainly an effort, folks brought their best case bigtree Jan 2023 #109
I feel ya, bigtree. I daresay you kinda asked for this. Nevertheless, ancianita Jan 2023 #117
I totally did bigtree Jan 2023 #123
It is hard for me to pass judgement Jarqui Jan 2023 #111
Thank you. sheshe2 Jan 2023 #112
Merrick Garland is not a Democrat. BWdem4life Jan 2023 #129
That is a stupid question, most people here are not prosecutors, they would not know where to begin Mr. Sparkle Jan 2023 #132
This is a red herring of course Orrex Jan 2023 #133
Not a lot of alternatives proposed by Garland critics... Chakaconcarne Jan 2023 #136
This message was self-deleted by its author Chin music Jan 2023 #138
Your challenge is based on the premise the the DoJ deserves the benefit of the doubt Silent3 Jan 2023 #140

bigtree

(85,998 posts)
2. I would love to believe Cohen
Mon Jan 30, 2023, 07:26 PM
Jan 2023

...do we know what he and Pecker actually told Manhattan prosecutors?

RS today:

Cohen told Raw Story in Oct. 2022 that Trump took the hush-money payments to Daniels as a tax write-off. Trump biographer David Cay Johnston explained in Dec. 2022 it was just the tip of the iceberg of Trump's tax losses that he knew were fraudulent.

The Times' Suzanne Craig has said that they have been unable to find the things Cohen is referring to and asked while the two appeared on MSNBC together how he knows about the tax write-off and how it may have been hidden.

"He said Trump didn't declare it in the way he should have, he didn't record the payment in the way he should have, I'm curious what Michael knows about it," she asked.

Cohen explained that he had heard about some of the things in conversations with prosecutors about things that were not properly disclosed in Trump's tax forms. "Somehow," Cohen said of Trump, "he believed that you can take this as a deduction, which obviously you can't."

dem4decades

(11,296 posts)
6. Cohen has been transparent, he did Trump's bidding, at Trump's request.
Mon Jan 30, 2023, 07:28 PM
Jan 2023

It's like charging a hit man but not the one that ordered the hit.

Lettuce Be

(2,336 posts)
5. I believe Cohen was convicted for tax issues, the Stormy issue just brought it to light
Mon Jan 30, 2023, 07:28 PM
Jan 2023

It's usually tax evasion that can get someone finally behind bars -- everything else is so difficult to prove (intent), which seems insane since I have a strong feeling if it was me they'd not worry about intent so much.

dem4decades

(11,296 posts)
8. I thought he was sent to jail for campaign finance law. They did not declare
Mon Jan 30, 2023, 07:29 PM
Jan 2023

The money to Stormy and the other one.

gab13by13

(21,359 posts)
25. Exactly,
Mon Jan 30, 2023, 07:45 PM
Jan 2023

Trump paid the money back to Cohen in 12, 35k dollar installments and then Trump claimed that as a business expense.

Autumn

(45,105 posts)
47. Tax evasion and campaign-finance violations among a few others .
Mon Jan 30, 2023, 08:08 PM
Jan 2023

https://www.cnn.com/2018/12/12/politics/michael-cohen-sentencing/index.html
Veritable smorgasbord of fraudulent conduct’

Cohen’s sentence resulted from two cases. In August, he pleaded guilty in a Manhattan US attorney’s case to two campaign-finance violations tied to payments he made or orchestrated to women during the campaign – adult-film star Stormy Daniels and former Playboy model Karen McDougal – to stay silent about alleged sexual encounters with Trump.

Prosecutors have said that in executing the payments, Cohen “acted in coordination with and at the direction of” Trump, who has denied having the affairs with the two women. Cohen also pleaded guilty to five counts of tax fraud and one count of making false statements to a bank.

In late November, Cohen was charged in a separate case from the special counsel’s office with one count of lying to Congress about how long discussions involving a proposed Trump Tower in Moscow had extended into the 2016 campaign.

On Wednesday, US District Judge William Pauley III sentenced Cohen to 36 months in prison for the case from New York federal prosecutors and two months for the special counsel’s matter; the sentences will be served concurrently.


They must still be investigating Trump.
Prosecutors have said that in executing the payments, Cohen “acted in coordination with and at the direction of” Trump, who has denied having the affairs with the two women.

Hamlette

(15,412 posts)
81. no, Cohen paid the money, Trump allegedly paid him back.
Mon Jan 30, 2023, 09:30 PM
Jan 2023

but Cohen's story has a couple of loose ends. He says Trump "paid him back" in 12 monthly installments of 35K each which is tons more than the 130K Cohen said he paid her.

Plus, you have Cohen's word against Trumps. Period. That is all the evidence we know of. Cohen is a convicted felon and Trump was the President of the US. Would you convict if it were Biden vs Steve Bannon? Hell no. Reasonable doubt is a high bar.

 

Marius25

(3,213 posts)
11. Because people like Trump don't face consequences
Mon Jan 30, 2023, 07:31 PM
Jan 2023

Especially from institutions mostly made up of Republicans.

treestar

(82,383 posts)
77. that's a lucky break
Mon Jan 30, 2023, 09:12 PM
Jan 2023

that the girlfriend chose to do that.

Thus all cases are not the same, and don't take the same amount of time.

Response to dem4decades (Reply #21)

treestar

(82,383 posts)
76. straw man. No one said that you can't criticize
Mon Jan 30, 2023, 09:10 PM
Jan 2023

you're the one saying we can't push back because we don't AGREE with the criticism! Merely because something is criticism does not also mean that it is justified.

Response to treestar (Reply #76)

treestar

(82,383 posts)
141. with what?
Tue Jan 31, 2023, 01:24 PM
Jan 2023

all criticism is good and can't be criticized itself? It might not be justified?

I criticize your post as being uninformative. That's correct then, right?

If you think the DOJ is doing a bad job, then no one can defend the DOJ because they think it is doing OK? Otherwise they are preventing you from criticizing? That's just like Evangelical Christians claiming they are persecuted because they can't make everyone follow their way.

Response to treestar (Reply #141)

 

Marius25

(3,213 posts)
20. A prosecutor isn't Trump or members of Congress
Mon Jan 30, 2023, 07:38 PM
Jan 2023

Same reason the Trump organization was found guilty, as was his accountant, but Trump got away with tax and bank fraud.

 

Marius25

(3,213 posts)
137. Who do you think committed that fraud?
Tue Jan 31, 2023, 12:09 PM
Jan 2023

The organization can't commit its own fraud. The person in charge of the organization has to.

dpibel

(2,832 posts)
86. McGonigal was a prosecutor?
Mon Jan 30, 2023, 09:50 PM
Jan 2023

Got a link for that extraordinary assertion?

Everything I've read says he was an investigator.

dpibel

(2,832 posts)
103. You are the person demanding
Mon Jan 30, 2023, 10:10 PM
Jan 2023

punctilious accuracy.

You should be prepared to offer it.

And, frankly, if you don't think there's any difference between filing charges against an investigator and against a prosecutor, I probably can't be of much aid to you.

Bettie

(16,110 posts)
135. They went to prison because they broke the cardinal rule:
Tue Jan 31, 2023, 09:53 AM
Jan 2023

they screwed over other wealthy white people.

If they had stuck to fleecing the government or the people who don't matter (that's most of us), they'd be fine.

Maraya1969

(22,482 posts)
16. Specifically - Trump has been a criminal all of his life and has never once been charged with a
Mon Jan 30, 2023, 07:35 PM
Jan 2023

crime. 6 bankruptcies which looks very much like planned bankruptcies were given to him freely.

So that is 6+ years worth of nothing getting down to that man.

I think that is a specific reason to believe that it is not going to happen this time either.

dem4decades

(11,296 posts)
23. I agree. Remember all those money laundering rumors?
Mon Jan 30, 2023, 07:41 PM
Jan 2023

Russian money, Trump Tower, the House on Florida sold to a Russian. It was all legal. Just a big noghingburger.

iemanja

(53,035 posts)
44. You could try reading the responses to this thread
Mon Jan 30, 2023, 08:03 PM
Jan 2023

For example: https://democraticunderground.com/?com=view_post&forum=1002&pid=17602659

Just a thought. Of course, if the goal is to show your antipathy of those who happen to disagree with you, you don't need to bother.

Or why consider the Mueller Report or the House Committee on Jan 6. That's hardly evidence at all compared to an undying faith that one day Fitzmas will come. Trump is pure as the driven snow. How could there possibly be evidence?

RockRaven

(14,972 posts)
4. Does this challenge also apply to Garland critics who aren't criticizing Garland for failing to
Mon Jan 30, 2023, 07:28 PM
Jan 2023

convict TFG? Or does any criticism of Garland, regardless of its substance, trigger this challenge?

brush

(53,785 posts)
17. Obstruction of justice in repeated refusal to return the MAL docs...
Mon Jan 30, 2023, 07:35 PM
Jan 2023

to the point a warrant and search had to be executed. No special counsel needed.

bigtree

(85,998 posts)
29. but why should the investigation be halted just to get what you say is an easy conviction
Mon Jan 30, 2023, 07:51 PM
Jan 2023

...on that charge?

Can you think of any other considerations, like national security concerns about dissimination of info, that might need further investigation. Why does waiting for that effort hurt what you say is an easy conviction on that one charge?

What if that one charge went astray with the jury. Isn't it a more effective prosecution that brings the totality of evidence beore a jury?

bigtree

(85,998 posts)
53. what's the goal post? Isn't it conviction
Mon Jan 30, 2023, 08:24 PM
Jan 2023

...how can you possibly believe DOJ can just move to court with so many docs and their whereabouts from the time they left the WH unaccounted for?

What kind of responsible, competent prosecution leaves evidence uncovered?

brush

(53,785 posts)
60. If you don't think a conviction from obvious obstruction of justice...
Mon Jan 30, 2023, 08:34 PM
Jan 2023

proven by the 11,000 pages and 300 classified stolen government docs retrieved from MAL by warrant and search, you'd be a prime candidate for a trump-favoring judge and jury.

See post 50. What an odd post for DU. Sure you're on the right site?

bigtree

(85,998 posts)
65. that's not what I said at all
Mon Jan 30, 2023, 08:43 PM
Jan 2023

..so how about representing what I actually replied to you correctly?

Yes they can go to court right now on that point, but this is about hundreds of docs with separate narratives, separate culpability, and separate harm. That DOJ is still investigating all of that, including the national security implications, doesn't mean they're doing something wrong. Jumping into court before that investigation is resolved could jepordize a prosecution, in so many ways.

When prosecutors come into court against Trump, they need to have every ounce of evidence available at their disposal. It's just common sense, not to mention standard for prosecutors. It's as if you believe they should prosecute this piecemeal. What an absurd notion.

brush

(53,785 posts)
68. Still moving the goal posts. All those docs stolen by trump...
Mon Jan 30, 2023, 08:54 PM
Jan 2023

are undeniable evidence. Again, no special counsel needed to indict. A non-biased judge/jury would, IMO convict.

I dare say most on this site would agree. I'll create a poll about that to see what most DUers think.

bigtree

(85,998 posts)
71. no they are not all evidence of a crime, certainly not just possessing them
Mon Jan 30, 2023, 08:59 PM
Jan 2023

...read the Espionage Act, under which this would presumably be prosecuted.

It clearly speaks of intent or willfullness in their possession, not merely the act of possessing them. Trump's crime is obstructing the FBI, and whatever else they uncover about his mishandling that goes to unauthorized people having access to them.

brush

(53,785 posts)
75. I didn't mention espionage. You did as you slyly tried to moved the goal post again.
Mon Jan 30, 2023, 09:09 PM
Jan 2023

Now back to obstruction of justice, are you saying all those stolen docs that had to be retrieved by a warrant and search because trump would not return them are not evidence of obstruction of justice?

Nice try with the espionage gambit though.

bigtree

(85,998 posts)
79. right, you didn't. You need to address that
Mon Jan 30, 2023, 09:18 PM
Jan 2023

...what prosecution would proceed to just the obstruction with issues involving the Espionage Act still outstanding?

Why would they do that? It would be a really bad investigation that jumped past all of that to try Trump on what may be only the tip of the crimes committed.

bigtree

(85,998 posts)
82. so they should do the prosecution piecemeal?
Mon Jan 30, 2023, 09:37 PM
Jan 2023

...who does that?

Prosecutors normally want to bring several charges into court, especially with a big fish. Besides, how can they go to court without having as much of a document trail as they can discern?

Hundreds of docs, each with its own provenance. This isn't as simple as you suppose.

bigtree

(85,998 posts)
84. from where I stand
Mon Jan 30, 2023, 09:44 PM
Jan 2023

...you've misrepresented what I've written here so badly that you're actually arguing with yourself.

Response to brush (Reply #83)

Response to bigtree (Reply #29)

Response to bigtree (Reply #56)

bigtree

(85,998 posts)
61. what is this about?
Mon Jan 30, 2023, 08:35 PM
Jan 2023

...I think you're mistaken. You mistook what I said about evidence above and just kept at it.

Maybe you need to consider what you're doing here, yourself. I can't see what the hell you're getting at, and I'm about done with it.. Spell it out or get off of it.

Response to bigtree (Reply #61)

bigtree

(85,998 posts)
66. it's not excuse making. I present FACTS about state the investigation
Mon Jan 30, 2023, 08:51 PM
Jan 2023

...in response to little more than angst.

This notion that Garland should go to court half-cocked, because someone somewhere has presented a one-sided case against him is just setting folks up to expect the court process to be cut-and-dry, which it certainly is not. Prosecutors are correct in gathering every speck of evidence and proceeding to court ONLY when that effort is exhausted.

I'm really not interested in spending time outlining how difficult it is to translate evidence into convictions, but I will tell you that I've seen more important 'slam-dunk' cases defeated in the courtroom than I've seen victories for the prosecution.

People need to give DOJ the space and support they need to see this through, Not this backbiting just because they're still working on it.

Response to bigtree (Reply #66)

bigtree

(85,998 posts)
72. actually they won't notice
Mon Jan 30, 2023, 09:07 PM
Jan 2023

...and I don't know what the friendship thing is about.

You have a view that you expressed, and so do I. I take no responsibility for whatever you're on about.

This Democratic administration's Justice dept. hasn't done anything to deserve the attacks. As people grouse, they work. This nonsense that they're sitting on their hands has zero evidence to back it up. The evidence is to the contrary, DOJ is in the late stages of an investigation into the top levels of the Trump WH.

Funny that critics, like Weissman for one, were insisting there wasn't an investigation at all into Trump just months ago. Now comes this nonsense that they have all they need and should just show up in court. I can't think of a more ridiculous take than to just cut from the investigation and jump into court.

Response to bigtree (Reply #72)

bigtree

(85,998 posts)
91. this discussion isn't about friendship
Mon Jan 30, 2023, 09:54 PM
Jan 2023

...it's not personal at all.

That should be appreciated, I think, not something to dwell on.

Response to bigtree (Reply #91)

bigtree

(85,998 posts)
97. but this discussion isn't about friendship.
Mon Jan 30, 2023, 10:02 PM
Jan 2023

...I'm not taking any responsibility for you believing that it is.

Response to bigtree (Reply #97)

Scrivener7

(50,955 posts)
114. This isn't the first time you've characterized disagreement with you, or lack of
Mon Jan 30, 2023, 10:57 PM
Jan 2023

your perfect faith as "angst."

It's not angst. But apparently you think that's what it is.

That's pretty bizarre.

bigtree

(85,998 posts)
119. since I wasn't talking with you
Mon Jan 30, 2023, 11:10 PM
Jan 2023

...I'm going to sidestep this bait.

Really bizarre that you think this is proper.

Scrivener7

(50,955 posts)
120. You wrote an OP on a discussion board. I guess discussing on a discussion
Mon Jan 30, 2023, 11:12 PM
Jan 2023

board in response to an OP you wrote is angst-y now. AND - heavens to Betsy! - apparently it's improper too!

Response to inthewind21 (Reply #118)

Response to brush (Reply #17)

liberalmediaaddict

(766 posts)
13. The January 6th Report answered your question
Mon Jan 30, 2023, 07:32 PM
Jan 2023

Criminal referrals involving Trump:
1. conspiracy to defraud the federal government;
2. obstruction of an official proceeding, in this case Congress’ certification of electoral votes
3. Conspiracy to make a false statement
4. inciting or assisting those in an insurrection

IMO Garland could easily indict Trump for number 4 based on the 187 minutes he did nothing while the Proud Boys and Oath Keepers tried to overthrow the government. And his tweets encouraging the violence to continue.

bigtree

(85,998 posts)
22. isn't that what the Proud Boys and Oath Keepers cases in court right now are about?
Mon Jan 30, 2023, 07:39 PM
Jan 2023

...how do you use their activities in a Trump prosecution without first establishing their guilt in court?

liberalmediaaddict

(766 posts)
67. Members were just found guilty of seditious conspiracy
Mon Jan 30, 2023, 08:53 PM
Jan 2023

If they're guilty Trump should definitely be indicted for aiding and abetting their sedition.

Response to liberalmediaaddict (Reply #13)

gab13by13

(21,359 posts)
15. Your explanation is asking me to believe that Garland
Mon Jan 30, 2023, 07:33 PM
Jan 2023

doesn't have enough evidence to indict Donald Trump for any charge, correct? How do you know that? You are making a huge assumption.

Michael Cohen was indicted and convicted of handing a check to Stormy Daniels that was signed by Donald Trump. Robert Mueller laid out the same evidence for "individual one." The only reason that Mueller did not indict Trump was because he was a sitting president and Mueller was afraid to challenge the DOJ memo that a sitting president can't be indicted with our present Supreme Court.

Merrick Garland chose not to indict "individual one" and now the statute of limitations has expired.

I do not believe that Garland should indict Trump for seditious conspiracy, it is too difficult to prove.

My other big gripe involves the pathetic reaction to the Cyber Ninjas. The rallying cry on 1/6/2021 was The Big Lie, Stop The Steal.

Garland allowed a pro-Trump bogus company with a mailbox for an office have access to ballots, voter information, election equipment and materials all in violation of Title 52 which states those materials were to have remained in the possession of election officials for 22 months. Garland did nothing but write a stern letter that was ignored. Because of that inaction, the fraudits spread across the country and the Big Lie has grown into violence. Maybe if Garland had stopped the Cyber Ninjas the Big Lie would have been tamped down? To this day the Cyber Ninjas have not been held accountable. 2 citizens groups filed FOIA requests for Cyber Ninja documents that a judge ruled they had to produce, The Cyber Ninjas were fined huge sums of money by the judge. Nothing happened, no fine was paid, no documents produced, the Cyber Ninjas moved on to other states.

Obstruction of justice in the Trump stolen documents case can be indicted today.

bigtree

(85,998 posts)
24. why should Garland move on the documents case before all of the documents are accounted for?
Mon Jan 30, 2023, 07:43 PM
Jan 2023

...before they know fully whether any of that info has been disseminated or fell into unauthorized hands?

It would be folly to move forward on an incomplete investigation. There's zero evidence DOJ isn't proceeding with that effort.

Do you want them to go into court without all of the evidence? Is that really the way to prosecute a high official? Go to court half-assed? How do you expect to ensure a conviction, limiting the evidence available just to rush to trial? Who does that? Oh, yeah. Losing prosecutions do that all of the time. Really bad advice.

Response to bigtree (Reply #24)

Response to bigtree (Reply #36)

gab13by13

(21,359 posts)
35. I have listened to numerous former prosecutors,
Mon Jan 30, 2023, 07:56 PM
Jan 2023

and everyone has claimed there is enough evidence right now to indict and convict Trump for obstruction of justice in the stolen documents case. I heard no former prosecutor make the case you are making. Good luck if we have to wait for DOJ to find all of the documents that Trump stole. How will we know that all of the stolen documents have been recovered? Has the FBI searched all of Trump's properties?

bigtree

(85,998 posts)
45. you won't find many who think DOJ should just shut down the docs investigation
Mon Jan 30, 2023, 08:05 PM
Jan 2023

...and just charge on obstruction today.

What is it about investigating that bothers you? It's more than likely there are nuumerous FBI efforts to find out not only how the docs got to Trump's house, but whether they were shared with anyone unauthorized or hostile to the U.S..

What kind of idiot investigation jumps into court before the full extent of the document retention is known? It's just ludicrous to expect DOJ to be so negligent in the handling of a case where our national secrets are at risk and issue. Over a hundred documents, many containing nuclear info, many missing.

What you suggest is how a shithole Justice Dept. would handle this, not this experienced and responsible team Biden's DOJ appointee has assembled. Read up on them sometime.

dpibel

(2,832 posts)
102. Why do you believe this?
Mon Jan 30, 2023, 10:08 PM
Jan 2023

You appear to believe that, once a crime is charged, no further investigation can take place.

That is a strange belief.

Especially because obstruction, which several folk here have pointed out to you is kinda prima facie evident, is not the same crime as the one you're now on about, which is dissemination of the documents.

Just to remind you, if you scroll to the top of this thread, this is what you will read:

A challenge for Garland critics.
...tell us how YOU get to a Trump conviction on... anything.

More to the point, what evidence do you believe Garland has right now that he can take to court today and convict Trump? Not just generalities. Tell us what evidence, where it's to be found, and how it measures up against the probable defenses offered in court by perps.


Those are your words.

But once folks pointed out how to get to a conviction on...something, you started ranting about how you have to prove everything.

That wasn't your challenge.

As others have pointed out, correctly, you're moving the goalposts pretty far and pretty fast.

Response to gab13by13 (Reply #35)

uponit7771

(90,347 posts)
33. +1, this is a good summation and there are a list crimes Mueller outlined with a high probability ..
Mon Jan 30, 2023, 07:55 PM
Jan 2023

... and SoL hasn't run out.

I don't want to look for it but its there and I'm done with the DOJ,

I'm convinced they're doing anything towards historically preventing another attempted coup because they don't want to be retaliated against if GQP gets into power again.

gab13by13

(21,359 posts)
42. 5 years is up for Garland.
Mon Jan 30, 2023, 08:01 PM
Jan 2023

Michael Cohen’s ‘Disgusted’ That Trump Might Be Off the Hook in Stormy Daniels Case
By Tara Dublin / Oct 12, 2021
A new report in The Daily Beast says that time may be running out for prosecutors to charge Donald Trump in connection with a $130,000 hush money payment to porn star Stormy Daniels, and Trump’s former fixer is disgusted by the thought.

The payment was made with funds from Trump’s 2016 campaign, which violates federal election laws. Unfortunately, there is a five-year statute of limitations on violations of federal elections law, and the payment was made to Daniels on October 27, 2016.



AZSkiffyGeek

(11,028 posts)
48. Maybe you should tell the investigators who opened a grand jury that they're wasting time
Mon Jan 30, 2023, 08:09 PM
Jan 2023

Since you are the expert on SoL. They'd probably appreciate someone explaining the law to them.

gab13by13

(21,359 posts)
100. Personal attack, nice touch.
Mon Jan 30, 2023, 10:07 PM
Jan 2023

Are you aware that Garland prosecutes federal crimes and Bragg prosecutes state crimes?

I believe I said the Statute of limitations has expired for Garland. If you have other evidence then I apologize.

I don't expect an answer, don't waste my time.

AZSkiffyGeek

(11,028 posts)
105. How did I attack you?
Mon Jan 30, 2023, 10:11 PM
Jan 2023

I called you an expert on Statute of Limitations and recommended you offer your services to the DoJ.
Why waste your expertise on DUers you think are Trumpers because they support Garland?

Autumn

(45,105 posts)
55. Meanwhile the Republicans are free to spew their lies day in and day out accusing Democrats of
Mon Jan 30, 2023, 08:26 PM
Jan 2023

lies and their witch hunt of Trump and other republicans while the DOJ "plays" their cards close to their vest.
And I use the term " plays" loosely.

We are running out of time and that Orange ass is running again. Tick Tock.

 

fightforfreedom

(4,913 posts)
139. You are still posting the same falsehoods.
Tue Jan 31, 2023, 12:23 PM
Jan 2023

You have been reminded of this multiple times. You are stating some things as facts and they simply are not.

iemanja

(53,035 posts)
31. The House report for one
Mon Jan 30, 2023, 07:54 PM
Jan 2023

That provided more evidence against Trump than exists for most people on death row today.

bigtree

(85,998 posts)
52. do you know the state of what DOJ considers enough to indict and convict?
Mon Jan 30, 2023, 08:19 PM
Jan 2023

...what evidence they're actually considering?

What they've presented to their grand juries? What the grand juries have accepted, what they've rejected? Do you have info about which of the perps or witnesses, or evidence the committee highlighted have been determined credible by the grand juries, or prosecutors?

I mean, the court process isn't at all like a political committee. Some evidence is admissable, some that may seem obvious not, for myriad reasons. This is about a court process that isn't just a presentation from the prosecution, but a series defenses and challenges from a well-heeled team of perp lawyers.

It's just nonsense to point to that report and conclude that a prosecution is unfettered and simple.

iemanja

(53,035 posts)
62. If you don't consider that reasonable evidence
Mon Jan 30, 2023, 08:36 PM
Jan 2023

You weren't paying attention. You're just making excuses now. You also don't seem to understand how little convicts poor defendants in our justice system. There is far more against Trump. Or are you suggesting that Trump be treated differently than ordinary Americans?

bigtree

(85,998 posts)
70. not excuses, facts.
Mon Jan 30, 2023, 08:56 PM
Jan 2023

...you know absolutely nothing about the state of evidence DOJ has or how that evidence will hold up in court, or even be admissible.

No one who has watched 'slam-dunk' cases end in aquittal before could be so blithe about what DOJ is challenged with here.

If you don't think juries will treat and regard Trump differently than 'ordinary Americans' you're deluding yourself.

bigtree

(85,998 posts)
78. of course it's a roadmap
Mon Jan 30, 2023, 09:15 PM
Jan 2023

...but how can you tell from where you sit that DOJ has all they need to proceed?

We know absolutely nothing of substance about the state of DOJ evidence, or the state of the witnesses which would be expected to either testify of the state of the transcript evidence against what either DOJ knows or the defense is presenting.

Not every witness statement or piece of evidence will go unfettered to the jury. This isn't a play they're putting on for the court, it's a fight in which they'll need ALL of the ammunition they can obtain; not just to prosecute, but often to deflect defense challenges. This isn't a zero-sum enterprise in going to court. It can be a mine-field, and prosecutors do not want to proceed without being certain they aren't blindsided.

We don't know what DOJ is looking at, even looking at Congress' info.

Bev54

(10,053 posts)
90. The problem with this exercise is they still do not know of any exculpatory evidence
Mon Jan 30, 2023, 09:54 PM
Jan 2023

that could be a problem or the DOJ has to overcome to secure a conviction. That is the biggest problem, people don't know what they don't know but they sure as hell seem to think they are smarter than the prosecutors.

bigtree

(85,998 posts)
96. I'm trying to get that across
Mon Jan 30, 2023, 10:01 PM
Jan 2023

...court cases can be full of landmines.

That's part of the reason DOJ was so concerned about getting the committee's evidence. They needed to reconcile it with what they'd already gathered, checking for conflicts in testimony, or conflicts with their own evidence.

As you say, that's not to mention whatever the defense will present, or if those witnesses deposed testimony can be corroborated or if it can be challenged in some way. They know what they need to gain convictions. They have experts who have prosecuted similar cases. We have to assume, without any evidence to the contrary, they know when to jump into court and how much evidence they need to assure a conviction. That's why DOJ has such a successful conviction rate. They come correct.

Bev54

(10,053 posts)
98. I am not sure you will change their minds, they seem very closed and not
Mon Jan 30, 2023, 10:03 PM
Jan 2023

willing to look at the actual actions of the DOJ but prefer their narrative that nothing is happening or they are too scared to indict.

edhopper

(33,584 posts)
92. The year is 2033
Mon Jan 30, 2023, 09:55 PM
Jan 2023

And bigtree is telling us to be patient as Attorney General Adam Schiff will indict Trump soon.

waterwatcher123

(144 posts)
94. The Evidence is Already Overwhelming - Courage Seems to be the Problem.
Mon Jan 30, 2023, 09:58 PM
Jan 2023

The January 6th Committee presented an overwhelming case against Donald J. Trump and his co-conspirators. If the additional evidence the Justice Department collected is not sufficient, then no amount of evidence will bring this man to justice. Fani T. Willis, likewise, has such a strong case in Georgia that it will not fail for lack of evidence. Our democracy depends on this man being charged for his crimes. If he somehow escapes justice, it should not be for failing to try to hold him accountable.

bigtree

(85,998 posts)
99. what evidence do you have that 'courage' is lacking?
Mon Jan 30, 2023, 10:04 PM
Jan 2023

...no decision has been made to abandon the effort.

To the contrary, the investigation has ramped up with a flurry of subpoenas from the new prosecutor.

gab13by13

(21,359 posts)
106. Read Elie Honig's new book when it comes out.
Mon Jan 30, 2023, 10:13 PM
Jan 2023

DOJ had all of the evidence it needed to indict and convict Trump for the Stormy Daniel's payoff. This from the mouths of the actual prosecutors who were deciding whether to indict Trump.

It is on Rachel now if you want to see some facts. Prosecutors chose not to indict because of politics and because the crime was not as serious as Trump's other crimes.

Turn on Rachel right now, maybe she will convince you.

Oh and contrary to some, the statute of limitations has expired for Garland, too late.

Response to waterwatcher123 (Reply #94)

republianmushroom

(13,614 posts)
101. President Trump's staggering record of uncharged crimes
Mon Jan 30, 2023, 10:07 PM
Jan 2023
https://www.citizensforethics.org/reports-investigations/crew-reports/president-trumps-staggering-record-of-uncharged-crimes/#table


As of November 2022, Donald Trump has been credibly accused of committing at least 40 Federal criminal offenses since he launched his
campaign for president in 2015. That total only reflects allegations relating to his time in or running for office and omits, for instance, Trump’s
criminal exposure for fraudulent business dealings.
As reported by https://www.citizensforethics.org/

Response to republianmushroom (Reply #101)

bigtree

(85,998 posts)
109. I don't want be rude, but I'm done here. It was certainly an effort, folks brought their best case
Mon Jan 30, 2023, 10:17 PM
Jan 2023

...wore me right out.

Feelings were frayed, and there were more than a few misunderstandings (my own included), but I think it was good, as an exercise.

I know we're all interested in the same things. We just have different views about how were proceeding. That's fine. None of us control the system, and informed dissent against our imperfect process of justice can be very productive.

I don't think we should necessarily feel alienated from each other when we disagree. Nor do I think it's necessary that we agree all of the time, or that our discussions read like a tea party. We're united in looking after each other through our activism and our politics, and that's the bond that keeps me coming here.

Giving this a rest.

ancianita

(36,066 posts)
117. I feel ya, bigtree. I daresay you kinda asked for this. Nevertheless,
Mon Jan 30, 2023, 11:09 PM
Jan 2023

I'm with you in spirit.

Anyone here can and does point out single indictments that he could have made yesterday. We've been through this.

For at least a year we've also discussed that that's just not how the DOJ works with this scale of investigation, the timeline for building consistent ruling precedents to get to the top dog planners of big crimes against The People -- which single indictments for documents cases don't require.

Critics of Garland come from a position of impatience at best, worldy wise cynicism at worst. Garland critics care more that their demand for justice be on their timeline. They dismiss the mountainous scale of work needed to successfully investigate and prosecute three or more criminal cases against a former president.

The scale of Garland's DOJ is beyond understanding, like the scale of America's problems.
A look at Main Justice's site everyday proves that.

The hundred or more moving parts -- timelines, warrant & grand jury evidence gathering beyond reasonable doubt, case building -- are what Special Counsel, Jack Smith, is handling, and not Garland, who runs the biggest law firm on Earth.
But somehow, Garland critics want Garland to handle single indictments as some 'low hanging fruit.' Garland's DOJ Special Counsel, Jack Smith, is handling an entire crate of fruit, low hanging right in there with the rest. Garland fends off criticism, anyway, even while he's accused of making incorrect decisions.

From four years of Republican drama before the court of public opinion, we should know by now that the consequences of single, easy-conviction cases create media cycles, rev up old narratives, and would produce a Koch army of Garland critics from the Right -- loud, outraged political victim headlines, platform drama, the right wing Bannon scream machines
-- intended to condemn all DOJ credibility, since they've already framed Garland as a "political" witch hunter. It worked for Trump and his Barr tool over the Russia investigation.

Critics of Garland are battle worn, and frustrations can just be triggered by an OP with Garland's name in it. But now and months from now are no time for anyone to slug it out to score points against someone whose job none of us could begin to do, whose work is leak proof, whose dedication is unimpeachable.

Have a good night, bigtree.

bigtree

(85,998 posts)
123. I totally did
Mon Jan 30, 2023, 11:23 PM
Jan 2023

...no regrets.

If the worst folks want is faster justice, I think I can bear that if the complaints come with something more to debate than just folk's gut feelings. I'm not much of an institutionalist, but I need the things I support to make sense, because I exhaust each and every thought in my head from front to back to front again.

It will sound self-serving to say so, but this thread was good for me, ping-ponging around my brain and jostling my own musty shelf of reasoning. I don't expect most people to understand that. This forum can take on a life of its own in our imagination, sometimes.

'night, ancianita

Jarqui

(10,126 posts)
111. It is hard for me to pass judgement
Mon Jan 30, 2023, 10:26 PM
Jan 2023

I do not have all the facts.

From the snippets in the media, the grand juries continue to look at Trump's crimes.

Because Trump is at the top of the crime tree, they have to go after the ones below to try to flip folks against Trump. That takes time. From the Jan 6th convictions, they're moving up that crime tree.

I'm sure part of what is going on is as evidence unravels in the lower cases, leads open up that they have the chase down. The recent report on Barr-Durham might be one of thoe recent developments.

I still agonize over the Nixon pardon. If Trump gets away with this, the country is fucked. I think Garland has to know that.

BWdem4life

(1,672 posts)
129. Merrick Garland is not a Democrat.
Tue Jan 31, 2023, 12:50 AM
Jan 2023

Why should I have to justify criticizing him on this site? It's not against the TOS.

Mr. Sparkle

(2,935 posts)
132. That is a stupid question, most people here are not prosecutors, they would not know where to begin
Tue Jan 31, 2023, 09:36 AM
Jan 2023

and by the sounds of it, either does Merrick Garland.

Orrex

(63,215 posts)
133. This is a red herring of course
Tue Jan 31, 2023, 09:43 AM
Jan 2023

And it’s part of the How Dare You Doubt The Great Man mindset, the goal of which is to shame into silence anyone who expresses reasonable anxiety that a grifter who’s spent a lifetime avoiding any real accountability stands a fair chance of avoiding accountability once again.

But the whole notion of “don’t criticize unless you can do better” is obvious bullshit. I can’t perform surgery, but if the surgeon cuts off a leg to treat a sprained wrist, I can certainly criticize that choice. Ditto for anyone who’s ever yelled at a quarterback who threw an interception or complained about a mechanic who overcharged for service.

There is no value in blind deference to those empowered to perform a function. That serves only to shield those in power from accountability and also to give comfort to the cheerleaders who defend them.


I can already predict who will reply to me and what they’ll say, and IDGAF.

Response to Chakaconcarne (Reply #136)

Silent3

(15,219 posts)
140. Your challenge is based on the premise the the DoJ deserves the benefit of the doubt
Tue Jan 31, 2023, 12:32 PM
Jan 2023

...and that for every detail we don't know, or don't know how we'd do it ourselves, we should assume the DoJ is doing the best that anyone can.

I reject that premise.

History tells us that the DoJ has been historically bad at holding powerful and connected people to account. The burden of proof, therefore, should be to provide evidence that the DoJ shows signs that things will be different this time.

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