Tag Archives: insurrection

crime news, legal news, national news

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.

legal news

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.

crime news, national news, political news

This doesn’t happen every day

1 Comment

Never in my wildest dreams would I have thought we could conduct a presidential election in which one of the major-party candidates is under criminal indictment.

What’s more, never would I have imagined that the four-times indicted, twice-impeached former POTUS would actually — in the gullible “minds” of followers — be considered a viable candidate to return to the office he once held and disgraced.

To say we live in the craziest era imaginable is to commit a gross (and grotesque) understatement.

Yet here we are.

The Republican Party’s presumed frontrunner for the 2024 presidential nomination may actually run for the White House while awaiting a sentence after being convicted of trying to overturn the previous election. The conviction might come early in 2024 if prosecutors are able to stave off Donald Trump’s expected efforts to delay the proceeding until after the election.

The feds have indicted Trump on two matters: inciting the 1/6 assault on our government and squirreling away classified documents after leaving the White House. State grand juries have indicted Trump on making an illegal payment to a porn star to keep her quiet about a tryst she said the two of them had and for working to interfere in the Georgia presidential election returns.

He stands accused of committing 91 crimes. Ninety-one of them!

Just think of how stupid the Republican Party faithful can be if they actually nominate this individual next summer.

OK. I have said all that but now I must stand behind my initial reaction to Trump’s latest presidential candidacy. I am going to remain hopeful that the GOP will come to what’s left of its senses and turn to someone else. I say that even though it is less than my initial belief that Trump in no way would ever be nominated. I am not as confident these days in the smarts of the GOP MAGA electorate.

Still, to see this unfit liar in position to lead the party down the path of destruction in 2024 is something I never imagined seeing.

Who knew?

crime news, legal news

All this legal trouble makes me dizzy

Allow me this admission … which is that I am having a bit of difficulty keeping straight all the legal battles awaiting the immediate past president of the United States.

He has three indictments sitting in front of him: two from the federal government he once pledged to protect and another from a New York district attorney.

A fourth indictment from the Fulton County (Ga.) DA appears imminent. They all appear to be serious to the max. If he gets convicted on all the charges, Donald J. Trump could spend the rest of his life in prison. Given his advanced age, it well might be that even a partial conviction could imprison Trump for the duration.

What is most astonishing as I watch this drama unfold is witnessing how Trump no longer is in control of his own future; control rests with three judges who are presiding over the various trials awaiting the former POTUS.

One of them, U.S. District Judge Tanya  Chutkan is the most interesting. She is an immigrant from Jamaica appointed to the federal bench by President Obama. Thus, she presents a challenge to Trump; she hails from a “sh**hole country,” as Trump once said and she owes her lifetime job to a man Trump despises. Trump is likely to anger her beyond all measure before this case gets resolved.

Special counsel Jack Smith wants the indictment he obtained regarding the 1/6 assault on our government to be tried quickly. Judge Chutkan holds the key to that matter.

Well, I am sitting out here in the peanut gallery watching and waiting with a good bit of anticipation on what could happen to the most unfit man ever elected to the presidency. I’ll just have to keep my mind clear to stay caught up with what appears to be a whirl of activity for the rest of the current year and into the next one.

I will have to hold on with both hands.

johnkanelis_92@hotmail.com

crime news

‘Fake’ vs. ‘alternative’

Donald J. Trump’s defenders are playing a stupid game of semantics as they try to defend the thrice-indicted, twice-impeached former POTUS against charges that he sought to overthrow the government.

They now call the “fake” electors put forth by Trump and his minions “alternative” electors.

Memo to the MAGA morons: They aren’t “alternative” anything. They are fake electors trotted out to cast votes for Trump when he didn’t earn certain state’s electoral votes.

The fake elector scheme is a major part of special counsel Jack Smith’s latest round of indictments. The fake electors were gathered up with the hope that Vice President Mike Pence would somehow — despite the illegality of the effort — be able to declare that state that Joe Biden clearly won in 2020 would swing to Trump’s column. Pence said the Constitution gave no authority to do such a thing, but Trump ignored the then-VP’s insistence.

He insisted on the fake electors.

Thus, there was nothing “alternative” about them. The word games remind me a bit of those who refer to “gambling” as “gaming” as a way to soften the activity of those who like to gamble on winning big at, say, the poker or blackjack tables.

I’ll stick with “fake” over “alternative” as this discussion moves on

johnkanelis_92@hotmail.com

legal news

Is a deal possible?

What you are about to read from this blogger isn’t an original thought; it comes from a former Republican governor and one-time GOP presidential candidate.

That said, I want to reveal what he expressed.

Former Ohio Gov. John Kasich has tossed out a possibility that — upon some reflection — isn’t nearly as goofy as some observers might suggest it is. Kasich was careful to stipulate that he isn’t “predicting” this would happen, but believes it remains a distinct possibility.

It is that Trump’s lawyers, who must defend him against multiple indictments on multiple fronts, might want to cut a deal with federal special counsel Jack Smith. Kasich suggests that Trump’s lawyers well might determine that Trump cannot win the classified documents case or the 1/6 insurrection matter.

What does he do? Well, Kasich said it might be that Trump’s legal team could suggest he cuts a deal with prosecutors that would include a guilty plea and his dropping out of the 2024 race for president.

He’s already pleaded not guilty to all the federal indictments, and to the New York indictment over the hush money payment he made to the adult film star. He’s likely to plead not guilty to an indictment that everyone on Earth believes is coming from the Fulton County, Ga., district attorney on another case involving election tampering.

However, criminal defendants have changed their pleas before. The alternative might be serious prison time if he’s convicted, say, of obstruction in the case involving the 1/6 assault on our government.

Former New Jersey Gov. Chris Christie, a one-time U.S. attorney, said recently that prosecutors would rather refuse to bring a case than bring one they cannot win. Jack Smith, therefore, well might have the goods on Trump to all but guarantee a conviction.

It makes me go “hmmm.” Is there an alternative, therefore, to prison for the former president? Looks like it to me.

johnkanelis_92@hotmail.com

legal news

Smith ‘fan club’ forms

First things first: I must stipulate that I am not a member of any Jack Smith Fan Club, nor do I intend to join one or form one in my North Texas neighborhood.

That all said, I now shall declare that Jack Smith’s standing among those of us looking for accountability and justice in the conduct of a former POTUS has shot into the stratosphere.

The meme that showed up on my social media feed suggests that there might have been a chance that special counsel Jack Smith might “fear” Donald Trump. Not … a … chance!

The good news about Smith, though, is that he isn’t going to seek affirmation for doing his job. Attorney General Merrick Garland selected Smith to lead this investigation because the AG didn’t want to become entangled in a case involving the current POTUS, Joe Biden, and the man he defeated in the 2020 election.

Smith has done his duty with zero leaks, with little fanfare and with a maximum degree of professionalism. Yet those aspects of the job he has done has elevated the special counsel to hero status. Go figure.

The former president has managed to get Republicans in Congress to knuckle under to his threats. Not so with Jack Smith, who in reality has no more cause to stand firm against Trump than the sycophants who kowtow to Trump within the GOP House caucus.

Yes, I get that House GOP members face the prospect of losing their seats in primary elections. But they take oaths to defend the Constitution, not to march in lockstep behind a cult leader.

Jack Smith took a similar oath when he took on the role of special counsel. His loyalty to his oath, therefore, has given him an exalted status only because he is doing the job he signed on to do.

johnkanelis_92@hotmail.com

crime news

Smith: strategic thinker

Jack Smith is about as strategic a thinker as I can imagine, given the nature of the indictment handed down this week by the federal grand jury involving Donald Trump’s role in the 1/6 assault on our nation’s government.

Consider this: The grand jury indicted Trump on four counts of conspiracy to defraud the government, to obstruct justice, to overturn the results of an election and to deny the people’s right to have their votes counted. A conspiracy necessarily means others are involved, but no one else is indicted.

Instead, they are “unindicted co-conspirators.” Most of the names have been made public and they include some big hitters.

Yet, Trump stands as the sole indicted criminal defendant. Smith’s goal? It is to grant Trump a “speedy trial,” which an individual who proclaims his innocence as vehemently as Trump does should welcome … correct? But he’s not welcoming it.

Trump’s foot-dragging tells me he has plenty to hide from the special counsel, who in turn has compiled several mountains of evidence that I believe well could produce a conviction.

My hope is that the results of this pending trial come far sooner than later to enable voters to decide whether this country is on the way toward the abyss or is set to climb to new heights of greatness.

johnkanelis_92@hotmail.com

crime news, legal news

Strike three … Trump!

Now we know what we have suspected all along, which is that special counsel Jack Smith has indicted Donald Trump on four counts of conspiracy to mount a coup to overturn the 2020 presidential election.

To think that Trump has bellowed since losing to President Biden that the election was “rigged,” that it is illegitimate.

Smith made monumental political history today. Is this reason to cheer? To high-five each other? To applaud the legal team that has assembled these incredibly detailed charges against a former president?

No. It is a time for serious reflection and for hoping the criminal justice system works its will.

I am not cheering tonight. I am trying to digest what has come forth.

Smith’s indictment reportedly is detailed. It is meticulous. It is historic in a way that many of us are having difficulty measuring. Trump is the first former POTUS ever indicted by the Justice Department. The indictment handed down today by a grand jury alleges that the former POTUS sought to overturn a free and fair election.

What in the name of democracy is up with that?

Jack Smith made it clear once again today that Trump is entitled to the presumption of innocence, but said he intends to press for a “speedy trial.”

Trump continues to tell us he did nothing wrong on Jan. 6, 2021. If so, then let this individual mount his defense and seek to persuade a jury that he should be acquitted. Does an innocent man seek to delay the proceeding? No, yet Trump is almost certain to obstruct the progress of this prosecution.

What now? The nation is about to enter a historic chapter in its long and glorious story. Donald Trump stands indicted on allegations that he sought to overturn an election he lost. It was a fair and legal determination by American voters … and one of the counts of the latest indictment alleges that Trump sought to deny voters that sacred right.

This is no time to cheer and slap the backs of our friends and political allies. It is a time to take seriously what a duly constituted grand jury has determined, that a one-time president of the United States committed a criminal act against the very government he took an oath to “defend and protect.”

johnkanelis_92@hotmail.com

Donald Trump

Is this the worst week?

It is fair to wonder whether this week will be the latest “worst week” in Donald J. Trump’s life, given the myriad setbacks and stumbles he has suffered since leaving the only public office he ever has held.

He has been indicted on more charges related to the classified documents caper. There could be even more indictments coming from the 1/6 assault on our federal government. And, yes, we have a Fulton County, Ga., district attorney preparing to issue even more indictments on Trump’s alleged effort to rig the 2020 election.

It could happen this week, too!

Meanwhile, the dumb and dumber among the GOP primary electorate continues to glom onto this individual’s political fortunes, seeming to ignore the facts that (a) he’s been indicted already, (b) has been convicted of sexual abuse and (c) he’s been impeached twice by Congress for misconduct during his term as POTUS.

Trump continues to whip the MAGA morons into a frenzy, holding onto sizable leads in primary states.

It’s unbelievable.

Well, the good news — as I see it — is that if Republicans somehow manage to nominate this clown, he won’t win a 2024 general election. That base of MAGA cretins remains substantial, but it is shrinking.

I am waiting with bated breath for the next wave of “worst-week” developments to roll over this idiot.

johnkanelis_92@hotmail.com