Category Archives: legal news

Trump won’t testify … ever!

All this chatter I keep hearing from TV news talking heads about the possibility of Donald Trump testifying in any of the criminal trials awaiting him makes me want to laugh out loud.

Let’s settle the issue once and for all: Donald Trump will not testify in any of these trials. Why not? Because he cannot tell the truth. Thus, he becomes a candidate for perjury.

Trump cannot tell the truth about his involvement with the Jan. 6 assault on our government. He cannot speak truthfully about how he squirreled away those classified documents from the White House. He cannot speak truthfully about the co-defendants who also have been indicted.

Imagine him putting his hand on a holy book and swearing to tell the “truth, the whole truth and nothing but the truth.”

It won’t happen. No judge worth a damn is going to summon Trump to court and demand that he tell the truth.

Donald Trump cannot comply with a judge’s order.

A trial for the ages?

Let’s not pussyfoot around the obvious, which is that any of the four trials awaiting Donald J. Trump can be categorized as the “most significant legal proceeding in U.S. history.”

Every one of them will make history. They will become trials for the ages. They likely will be included in the first line of the obituary written for the individual who will stand trial.

Donald J. Trump is the first former president of the United States to be indicted for allegedly committing felony crimes against the government he swore an oath to defend and protect.

He is presumed to be innocent until proven guilty. My sense, though, is that state and federal prosecutors have done their jobs well enough to secure convictions perhaps on all the charges leveled against Trump. How many of them are there? Ninety-one!

Did any of us ever imagine seeing a former POTUS stand trial for seeking to overturn an election and obstructing the peaceful transfer of power after he lost that election? I damn sure never imagined it.

The trials that have been set constitute the most meaningful court proceedings this country ever has witnessed. We cannot possibly overstate what they will mean to the future of our democratic republic.

Date set, let justice rule

Mark down the date of March 4, 2024, which is what I intend to do.

That is the date set by U.S. District Judge Tanya Chutkan for the start of a trial to determine whether Donald J. Trump is guilty of trying to overturn the results of a free, fair and legal presidential election.

Judge Chutkan has declared her intention to proceed with a “speedy trial” for the former president of the United States. Interestingly, for a man who says he did “nothing wrong,” Trump has been trying to delay this proceeding until sometime in 2026.

That prompts me to wonder: If Donald Trump is as innocent of the serious felonies for which he has been indicted as he insists he is, why delay the trial?

OK, we’re a long way from the start of the trial. There will be lots of “discovery” to be made. Lots of motions to consider. Chutkan, though, appears set to proceed with a trial that will begin one day prior to the Super Tuesday Republican Party presidential primary election in which several states will decide whom to nominate for POTUS.

Even more remarkable has been the statements from Fulton County (Ga.) District Attorney Fani Willis, who says she is ready to go to trial as early as October … in 2023, just a couple of months from today.

A Fulton County grand jury indicted Trump for violating state law in seeking to overturn those election results. Former White House chief of staff Mark Meadows, one of the 19 defendants indicted by the panel, is seeking to move the state trial to federal court, claiming he was acting as an agent of the federal government when he was doing the then-president’s bidding. Good luck with that, chief.

To be honest, all this maneuvering in all four courts has me a bit befuddled. I just hope all the judges who are hearing these cases — in New York, Atlanta, in Florida and in DC — can keep everything straight.

However this all plays out, it is looking for all the world to me that Donald John Trump is a world of some serious hurt.

Trump mug … for the ages

The critiques of Donald Trump’s mug shot taken at the Fulton County, Ga., sheriff’s office make me laugh.

Some folks suggest he rehearsed the pose he would strike. Others say it reflects a frightened criminal defendant. Still more believe Trump’s puss will energize his base and that his support will grow among the American voting public.

I happen to believe that Donald Trump’s support level has topped out. His base remains loyal, but only because it comprises the moronic MAGA dumbasses who have bought into the cult of personality he has cultivated.

I don’t know about how he came up with the pose we all have seen. Nor do I really care. I do know that the mug shot played on virtually every newspaper’s front page (what’s left of them) around the world today. That’s likely to Trump’s desire, given his penchant for publicity. Trump seems to ascribe to the notion that “there is no such thing as bad publicity.”

Whatever …

The mug shot will stand for the ages as the defining moment in Donald Trump’s political career. It likely will remind him every single day of his miserable life about the horrendous day he endured, having to fly to Georgia, then wait in a dank jail building, get the picture taken, have his fingerprints recorded and then he returned to his New Jersey resort.

He made history when he had the picture taken, being the first U.S. president or former POTUS to have been arrested and arraigned on a criminal indictment.

Nice goin’ … Donald.

GOP awash in contradiction

An astonishing array of competing opinions has gripped the Republican Party by the throat as its presidential stable of candidates prepares to debate on an Iowa stage.

The “star of the show” is a twice-impeached, four-times-indicted candidate for POTUS, Donald Trump … who isn’t even going to be there for the opening round of Q&A.

He’s the talk of the event in absentia. Imagine had he decided to take part. He’d be the talk of the event in that context as well.

I am going to presume this is what Trump has wanted. He is a media hog, even as he proclaims the media to be “the enemy of the people.” The truth is he loves the media and the media love him despite rumors to the contrary about media bias against Trump.

His presence on the political stage has thrown the entire process into chaos, which was one of the hallmarks of the time he held the office of president. His alleged “style” of governing hardly ever contained a moment of research of actual scholarship. He thrived on his “hunch” and his “belief” in what someone had told him.

What continues to astound me, truth be told, is that all of this is OK with the gullible MAGA morons who continue to back this clown’s latest presidential candidacy.

We are left, then, with circumstances in which Trump becomes the story. He’s not at the debate? He’s the story. Would he show up? He is still the story.

This is the environment that makes Donald Trump most comfortable. It saddens me to say it, but it also demonstrates most graphically one more reason why he is patently unfit to hold the office he is seeking.

Televise the trials!

Donald John Trump is not your every-day criminal defendant, given that for four years he occupied the presidency of the United States.

Therefore, it is imperative that the federal judiciary do something far out of the ordinary. It needs to televise the federal trials that will determine whether Donald Trump is guilty of the crimes for which he is being charged.

Trump has four trials pending. Two of them are in state courts. New York and Georgia grand juries have indicted him for committing crimes against the nation he once took an oath to protect.

I want to focus on the two federal indictments. One of them came from a grand jury in Florida; that’s the classified documents case in which Trump pilfered documents from the White House and stashed ’em in his glitzy estate. The other came from a D.C. grand jury; that is the matter involving the 1/6 assault on our government.

You see, this is critical inasmuch as Trump was once elected to the presidency. He took an oath to protect the government against all enemies. Then he shunned that oath when the 2020 election didn’t turn out the way he wanted; he lost that contest to Joe Biden.

Americans who were governed by this fraud have a right to witness how these trials play out. Will they produce sideshows, melodrama and game-playing? Yes, they might … but that isn’t necessarily pre-ordained.

I recall meeting with Tom Phillips, who in the 1990s was chief justice of the Texas Supreme Court. The OJ Simpson trial was underway and Phillips said that the judge in that trial, California Superior Court Judge Lance Ito, had plenty of authority to rein in the lawyers. He could have set time limits on the presentations. He could have demanded decorum and dignity in the courtroom.

Phillips said trial judges have immense power to run these trials in orderly and concise fashions.

It’s that knowledge that gives me hope that if the federal judiciary turns on the TV cameras in the courtroom that they will expose the public to a ringside view of how one of our three branches of government does the job prescribed in the US Constitution.

What the 14th omits …

As I read — and re-read — Section 3 of the Constitution’s 14th Amendment, I am struck by the absence of a single, simple qualifier that our founders left out of that clause.

It refers to the commission of an “insurrection or rebellion” by someone who might want to return to public office after having pledged to protect the government against such actions.

It states that “No person” shall be a senator, U.S. representative, president or vice president if they violate that oath. Period.

It says nothing about whether that person must be convicted in a court of law to disqualify him from office.

I bring this up because of constitutional scholar chatter that’s making the rounds about whether Donald Trump is qualified to seek the presidency in 2024. Some argue that of course he should be tried in court and have that decision delivered by a jury. Others argue that the Constitution is silent on that issue, therefore, he is disqualified just by an allegation of such an act.

I don’t consider myself to be a constitutional absolutist. I have tended to interpret the founders’ intent a bit more liberally. It is tempting, though, to apply “original intent” to my reading of the 14th Amendment, meaning that if the founders didn’t declare a qualification that it doesn’t exist.

Here is the section in its entirety. You be the judge:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

I do hope we can let the courts decide this matter quickly. My preference is for Trump to be convicted and then barred from public office for the rest of his miserable life.

Four for four for Trump

Well … it looks like the Donald J. Trump indictment parade has reached its end, or maybe there’s more to see down the road.

Fulton County (Ga.) District Attorney Fani Willis has delivered yet another gut punch to the ex-POTUS, indicting him and 19 co-conspirators on 10 counts of conspiring to defraud the government and overturn the results of the 2020 presidential election.

This fourth criminal indictment against the 45th POTUS presents a most interesting turn of events, don’t you think?

Those who are indicted and then convicted in a state-run criminal trial cannot be pardoned by a future POTUS; Georgia law prohibits it. Willis’s announcement is thorough and comprehensive and it includes several individuals who worked with Trump (allegedly) to overturn the results of the election; special counsel Jack Smith chose to limit his indictments to just Trump, seeking to ensure a speedy trial.

What just blows my noggin to bits is Trump’s announcement that on Monday he is going to provide proof that the 2020 election was rigged. Really! That’s what he said. Why wait, dude? Give us the goods now, man!

Well, he won’t prove anything. Why? Because experts on these matters have concluded already there was no fraud in the election, which means Trump is blowing this all out of his overfed a**.

Meanwhile, the criminal defendant who once served as POTUS continues to defy U.S. District Judge Tanya Chutkan’s warning against popping off. She said Trump’s continuing challenge could force her to schedule the trial on the D.C. indictment handed down even earlier.

Donald Trump’s in a heap of trouble. He knows it. He is acting like the desperate criminal I believe he always has been.

Judge is in charge … period!

U.S. District Judge Tanya Chutkan today told the entire world just who is in charge of Donald J. Trump’s life.

For starters, it is not Donald J. Trump. That role now falls on a jurist who was selected randomly to preside over a trial involving charges that the former POTUS conspired to overturn the results of the 2020 presidential election.

Chutkan reportedly doesn’t suffer fools at all, let alone lightly. She delivered a ruling today that is both fair and it tells the criminal defendant, Trump, that he needs to cease hiding behind a “free speech” argument in his defense. He is free to say the 2020 election was rigged, she said, but he is not free to issue veiled threats against the prosecutors, jurors or the judge.

Chutkan told Trump that free speech is not “absolute” and that criminal defendants — such as Trump — have limits on statements they can make.

Thus, we have just received a sterling civic lesson on how an individual who prides himself on being “in charge” of all he sees, who once boasted that “I, alone” can fix the nation’s ailments, is now beholden to a federal judge.

Therein lies the wisdom of the founders who created a federal judiciary that has the authority to keep anyone — even a former president — on a short rhetorical leash.

johnkanelis_92@hotmail.com

Conviction = condemnation

One almost can predict with metaphysical certitude what will happen if a federal jury convicts Donald J. Trump on any of the charges being brought before them.

The MAGA mob of morons will condemn the jury. It will blast the presiding judge to smithereens. It will cast doubt on the integrity of the federal judiciary. It will demonize the Justice Department, starting with the attorney general and the special counsel.

None of will — or at least it shouldn’t — have any material effect on the outcome. We still would have a former POTUS standing as a convicted felon facing years in prison.

I won’t wager which of the charges holds the most potential for conviction. My opinion on all of that changes with the direction of the wind.

Oh … and then we have the two state trials that Trump is likely to face. He’s got the one in New York City and quite likely one in Fulton County, Ga. Both of those prosecutions are being led by Black district attorneys, which of course feeds into Trump’s racist wheelhouse. We damn sure can look forward to hearing Trump bloviate on the racial component of those actions.

Now, of course none of this will matter if he’s acquitted, if he walks away cleanly, if the feds and the states cannot persuade juries to convict beyond a reasonable doubt of Trump’s guilt in his effort to steal the 2020 presidential election and of his hiding of classified documents taken from the White House. Then we have the hush money payment he made illegally to the adult film star to keep her quiet about a tryst the two of them had … but which Trump denies ever occurred.

We are heading for a major storm. Let’s all hold on.

johnkanelis_92@hotmail.com