Not only is he guilty, he is mortal. Conway was guilty from her first WH press interview, in my humble mean-spirited opinion. If the case is proven, it will be interesting to see how the SC reacts, and what remedies will be found. At last, the GOP is experiencing the level of infighting that Dems have been accused of particularly since 1968, but unless we get rid of Citizens United, the whole system is corrupt, no matter who is in charge. Lots of Love, Scrooge
Absolutely. Citizens United was dead at the Appeals Court level, but was brought forward with the help of one co-plaintive, Senator Mitch McConnell. It was a terrible decision. Here's a report of President Obama's take on the decision in 2015: https://www.huffpost.com/entry/barack-obama-citizens-united_n_6517520
"Let’s hope that Jack Smith focuses on prosecuting those crimes that can be easily and expeditiously tried to conviction."
Thank you Robert for distilling this whole scenario down to one critical sentence. I suspect we will see a cascading effect - one or two charges and then more and more. Tax fraud will be in the mix, I am sure.
But the most obvious to me is the theft and reckless handling of top secret documents. This careless selfish act may have created national security threats and threatened the lives of intelligence officials - not just Americans. Imagine being an intelligence officer of a country allied with the US and seeing that your cover may be blown or that a project that your team had been working on for years just fell apart. Or just the thought of it rattling an entire security apparatus of thousands of dedicated agents/workers.
Donald J. Trump admitted that he had such documents. That is theft of government documents just to start. Endangering national security is next. He should have been arrested immediately. The case was pre-built by the perpetrator himself. Airtight, on tape. Cuff him.
Well said, Bill and I agree. Why this creep is still running around loose is beyond me. And why supposed "patriots" continue to support him, well, there just aren't words that I can find to describe my feelings on that one.
So the IRS did not have enough resources to examine all of the potential issues in Trump’s tax returns but had the resources to audit James Comey’s and Andrew McCabe’s ? Really hard to believe it was a true coincidence.
Very good point! From the article in NYTimes explaining why Comey and McCabe were both selected in an incredible coincidence:
But the 19-page report said there appeared to be some deviations from the I.R.S.’s rigorous rules for random selection when the agency winnowed down the initial pools to make the final selections of the returns that would be audited.
The House will be less than useless in the next two years, but perhaps the Senate will probe the IRS. Clearly some persons in power there were complying with Trump's wishes both to fine tooth the returns of enemies, and to avoid similar examination of his own. Both would seem to be in violation of IRS codes and practices.
Regarding the bomb thrower's threat, Senator Kevin Cramer (R-ND) was unhappy with McCarthy’s threat to block bills from Senate Republicans if they back the omnibus funding bill to keep the government afloat. “Statements like that and statements coming from House Republicans is the very reason that some Senate Republicans feel they probably should spare them from the burden of having to govern.”
Given that Steve Schmidt says the Republican party should be burnt to the ground, their self immolation does not bother me at all. They should have at it!
All my life I have heard that free speech does not give one permission to yell “fire” in a crowded theater. That is essentially what chump did; we all saw it, heard it, and felt the repercussions. That should be on the agenda…
Yes; good point. But Trump said that they should "fight like hell." As Republicans pointed out during the impeachment trial, politicians use that phrase frequently, but do not mean to call for violence. So it's more complicated prosecuting a case where the jury must parse the meaning of words. Holding a document marked "classified" after the FBI asks for it back is unambiguously illegal.
But the mob did exactly that. They understood clearly what he meant. (I'm willing to bet good bitcoin that the texts and messaging of the conspirators would showthe same understanding.) Shouldn't a jury of peers?
That said, I'm ok with the verdict of history on that count if Jack Smith is. Let's just nail the piece of s..t with what we can, as soon as possible.
But when a President say’s EVERYTHING he said that day, (and had been for months before) to a huge crowd he knows is armed, and he directs them to the Capitol knowing that Proud Boys et al are prepared to breach the building at that critical moment, what else can his purpose be?? It had to be either pressuring Pence to do something illegal, or blowing up the Congressional voting entirely.
For the layman, it’s hard to imagine that:
a) a jury can be persuaded of some of the other 3 charges but
b) they can’t be convinced that DT was playing his key role in the overthrow of a vital and stabilizing element of the US government.
Here’s an example of what’s wrong with the media and how they present information. Presidents are required to have their tax returns audited by the IRS. It’s a law. Trump refused and threatened or bullied the IRS not to act while running the clock out. The reason he conspired to do that and not make the taxes available is because their content would be damning and possibility show tax invasion. It was another criminal offense on multiple levels. The media makes it sound like it’s a political move rather than enforcing an existing law. The Republicans are saying that this opens the door for political use of tax returns and the next thing you know the Supreme Court justices taxes will be made public. I for one would love to see the judges tax returns and see the income they earn fro “other sources”.
I agree, Stephen. We should not fear transparency and accountability. In the early days of the IRS, everyone's tax payment information was publicly available. The notion of privacy came later, which includes the law that limited the use of IRS returns by Congress.
Someone once said "the guilty flee when no one is after them". The amount of running away going on in DC right now should be at least presumption of evidence of illegal activity. One hopes that Jack Smith is in a position to be as bold a lion as the righteous are said to be.
Kevin Brady’s suggestion that releasing Trump’s tax returns could lead to the release of SC justices’ returns was met on Twitter with thousands of comments to the effect, “and that would be a bad thing, why“
And people expressing their desire to see who paid off Brett Kavanaugh‘s debts, and the financial details of the Thomases.
Brady’s assertion just shows how clueless many Republicans are. For most people the question is, if you don’t have anything to hide, then why are you worried about it
Its worse than threatening the IRS. He consistently said he couldn't release the returns "because they were being audited." That was clearly a flat out lie, and not just because the IRS said audits wouldn't affect his ability to release. The IRS in saying this KNEW there were no audits. And they didn't call him on it.
Robert, first: thanks for your informative and inspiring work!
Second, whatever happened to the investigation of the Secret Service scandal(s)? This seemed a blockbuster to me and potentially one that would require a housecleaning from top to bottom. What's going on there, have you heard?
First, let's hope the report released today will shed some light on that subject.
Second, all of the investigations into agencies of the US government that were involved in the coup seem to be on a track to oblivion. Where is the internal investigation of DOJ that Garland said Lisa Monaco would conduct? What about the Secret Service? And the slow reaction by the Department of Defense? And NSA's ridiculous investigation of Italian satellites and Chinese thermostats?
Praying that Jack Smith actually gets to prove seditious conspiracy against Dump. And Kellyanne...looks like she might be singing like a canary. Leonard Leo must be taken down somehow. He is as evil as they come and that’s saying a lot, coming from me. I have always felt Mitch was the devil incarnate and he is, but I think he’s met his match in Leo.
Thank you Robert. We must gird our loins. 2023 will be a continuation of the battle. Everyone take time to enjoy your families and the victories achieved for democracy thus far. There is still happiness to be found during this holiday season.
The Conway disclosure confirms the fundamental corruption of the Federalist-led judicial appointment process and the now unquestionable illegitimacy of the Trump-appointed Supreme Court "justices." All of them should immediately resign - for the good of the Court and the Nation!
I keep going back and rereading your revelation the the IRS did not perform the mandatory audits of Trump’s tax returns while he was president. What!? How can a federal bureaucracy just not do something it is required to do? I find this even more troubling than the expected Trump malfeasance and the idiotic letter by the far right radical “Freedom Party”. I hope that Rep. Neal will continue to follow up on this even as Republicans in the next Congress. try to sweep it under the rug.
The DOJ should investigate the IRS to see whether the inaction was politically motivated. (Spoiler alert: It was.) The revelation makes clear why Secretary of Treasury Mnuchin refused to comply with his statutory duty to turn over Trump's tax returns to Congress. He know that the IRS was not auditing Trump's returns.
Kraft-Heinz, parent company of Jell-0 , has sued Kevin McCarthy and all members of the Freedom Caucus for patent infringement and misuse of their product. The suit alleges the named defendants used the product to replace their spines. One anonymous defendant offered this response, "Duh".
1) Former IRS Commissioner Charles Rettig, appointed by Trump, was a problem from the start. He was an accountant and wrote an editorial for a magazine that justified Trump not releasing his tax returns. Trump was informed of the article and named him to head the IRS. Under his leadership, the IRS did not audit Trump's tax returns, as required by law. This was the Trump government. Sycophants and corruption.
2) Justice delayed is justice denied! It is now almost 2 years since Jan. 6, 2021. Where is the sense of urgency? The DOJ must bring to justice the insurrectionists who led the plot to overthrow our government. Merrick Garland and his department owe it to the American people. And it should be done soon!
As always, thank you for your insights and summaries. Your newsletter is my first read every morning. A quibble: it is not shocking that Congress leaves the debt ceiling job to the very end - how could something they do every single time (as you point out) be shocking? Is it shocking that you pay your taxes every single year? It is an opportunity for politicians to obtain tons of free publicity. “I oppose this!” “I saved the nation!” It won’t be shocking the next time either.
Thank you, Robert, for distilling all of the Congressional hullabaloo into a one cup of coffee read!
I have two questions, one (probably) stupid and the other serious:
The Stupid Question: How can the appointment of Electors occur on "election day" when, as is often the case with mail-in voting, it takes several days or even weeks after election day to tally the votes and determine the winner? And what if an election is in dispute? I read the modification to the term "election day" (p.1935) and other than modifying the term to include any delay caused by force majeure, the day remains "the Tuesday next after the first Monday in November...." So, is the tail wagging the dog?
The Serious Question: Does the Electoral Count Reform Act of 2022 negatively impact the National Popular Vote interstate compact in which States agree to cast their votes to the winner of popular vote? While the compact does not become effective until states representing 270 electoral votes sign the compact, does the foregoing (stupid) question jeopardize the compact effort?
As to the time of appointment of electors, the statute says that electors are to be appointed on Election Day "in the manner prescribed by state law." If state law says that the appointment is to be done by popular vote on Election Day including mail in ballots mailed on or before Election Day, nothing in the act says that states cannot continue after Election Day to tally votes cast on Election Day. The point is to preclude the legislatures from appointing electors by action taken after Election Day.
I think the same logic applies to your second question: If states pass laws that say, "We will select electors by awarding our electors to the candidate who (a) wins the popular vote in our state, or (b) to a different candidate who wins the popular vote in the states that are parties to the interstate compact," I think that will satisfy the Electoral Count Reform Act that electors are to be awarded based on state law in place on Election Day.
Separately, although I think the National Popular Vote Interstate Compact is a wonderful idea, I think there are strong arguments that it would be unconstitutional. The effect of the compact would be to amend the Constitution without following the Constitution's rules for amendment. That is a slippery slope. Small states excluded from the compact would rightly feel that they were excluded from the amendment process. That could fray the fabric of the Constitution.
Thank you, Robert, for responding. You certainly clarified the "Election Day" issue and noted the risk of the compact. Much appreciated on both fronts!
Not only is he guilty, he is mortal. Conway was guilty from her first WH press interview, in my humble mean-spirited opinion. If the case is proven, it will be interesting to see how the SC reacts, and what remedies will be found. At last, the GOP is experiencing the level of infighting that Dems have been accused of particularly since 1968, but unless we get rid of Citizens United, the whole system is corrupt, no matter who is in charge. Lots of Love, Scrooge
Damn, we watched them in real time; is it another case of don’t believe your lying eyes?
Sure enough, and we can't hide them. Might even be a song in there somewhere.
Absolutely. Citizens United was dead at the Appeals Court level, but was brought forward with the help of one co-plaintive, Senator Mitch McConnell. It was a terrible decision. Here's a report of President Obama's take on the decision in 2015: https://www.huffpost.com/entry/barack-obama-citizens-united_n_6517520
"Let’s hope that Jack Smith focuses on prosecuting those crimes that can be easily and expeditiously tried to conviction."
Thank you Robert for distilling this whole scenario down to one critical sentence. I suspect we will see a cascading effect - one or two charges and then more and more. Tax fraud will be in the mix, I am sure.
But the most obvious to me is the theft and reckless handling of top secret documents. This careless selfish act may have created national security threats and threatened the lives of intelligence officials - not just Americans. Imagine being an intelligence officer of a country allied with the US and seeing that your cover may be blown or that a project that your team had been working on for years just fell apart. Or just the thought of it rattling an entire security apparatus of thousands of dedicated agents/workers.
Donald J. Trump admitted that he had such documents. That is theft of government documents just to start. Endangering national security is next. He should have been arrested immediately. The case was pre-built by the perpetrator himself. Airtight, on tape. Cuff him.
Point well taken. What are we waiting for? This former president is a clear and present danger to this country.
And thank you, Robert, for your concise but thorough account of today's important news.
Always, Robert Hubbell and Editor, thanks so much for the thoughtful commentary making sense of the chaos.
Well said, Bill and I agree. Why this creep is still running around loose is beyond me. And why supposed "patriots" continue to support him, well, there just aren't words that I can find to describe my feelings on that one.
One word - CULT
So the IRS did not have enough resources to examine all of the potential issues in Trump’s tax returns but had the resources to audit James Comey’s and Andrew McCabe’s ? Really hard to believe it was a true coincidence.
https://www.nytimes.com/2022/12/01/us/politics/irs-audit-comey-mccabe.html?smid=nytcore-ios-share&referringSource=articleShare
Very good point! From the article in NYTimes explaining why Comey and McCabe were both selected in an incredible coincidence:
But the 19-page report said there appeared to be some deviations from the I.R.S.’s rigorous rules for random selection when the agency winnowed down the initial pools to make the final selections of the returns that would be audited.
The House will be less than useless in the next two years, but perhaps the Senate will probe the IRS. Clearly some persons in power there were complying with Trump's wishes both to fine tooth the returns of enemies, and to avoid similar examination of his own. Both would seem to be in violation of IRS codes and practices.
Regarding the bomb thrower's threat, Senator Kevin Cramer (R-ND) was unhappy with McCarthy’s threat to block bills from Senate Republicans if they back the omnibus funding bill to keep the government afloat. “Statements like that and statements coming from House Republicans is the very reason that some Senate Republicans feel they probably should spare them from the burden of having to govern.”
Given that Steve Schmidt says the Republican party should be burnt to the ground, their self immolation does not bother me at all. They should have at it!
All my life I have heard that free speech does not give one permission to yell “fire” in a crowded theater. That is essentially what chump did; we all saw it, heard it, and felt the repercussions. That should be on the agenda…
Yes; good point. But Trump said that they should "fight like hell." As Republicans pointed out during the impeachment trial, politicians use that phrase frequently, but do not mean to call for violence. So it's more complicated prosecuting a case where the jury must parse the meaning of words. Holding a document marked "classified" after the FBI asks for it back is unambiguously illegal.
Correct. We are fighting like hell to retain our democracy. That does not mean we foment violence.
But the mob did exactly that. They understood clearly what he meant. (I'm willing to bet good bitcoin that the texts and messaging of the conspirators would showthe same understanding.) Shouldn't a jury of peers?
That said, I'm ok with the verdict of history on that count if Jack Smith is. Let's just nail the piece of s..t with what we can, as soon as possible.
But then there was Trump’s appeal to allow people with weapons (“turn off the mags“) come into the enclosed area where he was speaking
But when a President say’s EVERYTHING he said that day, (and had been for months before) to a huge crowd he knows is armed, and he directs them to the Capitol knowing that Proud Boys et al are prepared to breach the building at that critical moment, what else can his purpose be?? It had to be either pressuring Pence to do something illegal, or blowing up the Congressional voting entirely.
For the layman, it’s hard to imagine that:
a) a jury can be persuaded of some of the other 3 charges but
b) they can’t be convinced that DT was playing his key role in the overthrow of a vital and stabilizing element of the US government.
Here’s an example of what’s wrong with the media and how they present information. Presidents are required to have their tax returns audited by the IRS. It’s a law. Trump refused and threatened or bullied the IRS not to act while running the clock out. The reason he conspired to do that and not make the taxes available is because their content would be damning and possibility show tax invasion. It was another criminal offense on multiple levels. The media makes it sound like it’s a political move rather than enforcing an existing law. The Republicans are saying that this opens the door for political use of tax returns and the next thing you know the Supreme Court justices taxes will be made public. I for one would love to see the judges tax returns and see the income they earn fro “other sources”.
I agree, Stephen. We should not fear transparency and accountability. In the early days of the IRS, everyone's tax payment information was publicly available. The notion of privacy came later, which includes the law that limited the use of IRS returns by Congress.
Someone once said "the guilty flee when no one is after them". The amount of running away going on in DC right now should be at least presumption of evidence of illegal activity. One hopes that Jack Smith is in a position to be as bold a lion as the righteous are said to be.
Kevin Brady’s suggestion that releasing Trump’s tax returns could lead to the release of SC justices’ returns was met on Twitter with thousands of comments to the effect, “and that would be a bad thing, why“
And people expressing their desire to see who paid off Brett Kavanaugh‘s debts, and the financial details of the Thomases.
Brady’s assertion just shows how clueless many Republicans are. For most people the question is, if you don’t have anything to hide, then why are you worried about it
Its worse than threatening the IRS. He consistently said he couldn't release the returns "because they were being audited." That was clearly a flat out lie, and not just because the IRS said audits wouldn't affect his ability to release. The IRS in saying this KNEW there were no audits. And they didn't call him on it.
Because they were afraid of Trump
And his mob or because they were bought off.
Robert, first: thanks for your informative and inspiring work!
Second, whatever happened to the investigation of the Secret Service scandal(s)? This seemed a blockbuster to me and potentially one that would require a housecleaning from top to bottom. What's going on there, have you heard?
I have not heard but I have two thoughts:
First, let's hope the report released today will shed some light on that subject.
Second, all of the investigations into agencies of the US government that were involved in the coup seem to be on a track to oblivion. Where is the internal investigation of DOJ that Garland said Lisa Monaco would conduct? What about the Secret Service? And the slow reaction by the Department of Defense? And NSA's ridiculous investigation of Italian satellites and Chinese thermostats?
"...on a track to oblivion"
How unfortunate. Is there a statute of limitations for crimes committed (or for omissions) by the DOJ, Secret Service, DoD and NSA?
Garland would appear to walk everything slowly. Hope is not lost. There is another....
Praying that Jack Smith actually gets to prove seditious conspiracy against Dump. And Kellyanne...looks like she might be singing like a canary. Leonard Leo must be taken down somehow. He is as evil as they come and that’s saying a lot, coming from me. I have always felt Mitch was the devil incarnate and he is, but I think he’s met his match in Leo.
Thank you Robert. We must gird our loins. 2023 will be a continuation of the battle. Everyone take time to enjoy your families and the victories achieved for democracy thus far. There is still happiness to be found during this holiday season.
And money to be made…
The Conway disclosure confirms the fundamental corruption of the Federalist-led judicial appointment process and the now unquestionable illegitimacy of the Trump-appointed Supreme Court "justices." All of them should immediately resign - for the good of the Court and the Nation!
I’m just happy so many good people are clearly on board for saving our democracy. Things are looking up!
I keep going back and rereading your revelation the the IRS did not perform the mandatory audits of Trump’s tax returns while he was president. What!? How can a federal bureaucracy just not do something it is required to do? I find this even more troubling than the expected Trump malfeasance and the idiotic letter by the far right radical “Freedom Party”. I hope that Rep. Neal will continue to follow up on this even as Republicans in the next Congress. try to sweep it under the rug.
The DOJ should investigate the IRS to see whether the inaction was politically motivated. (Spoiler alert: It was.) The revelation makes clear why Secretary of Treasury Mnuchin refused to comply with his statutory duty to turn over Trump's tax returns to Congress. He know that the IRS was not auditing Trump's returns.
There it is, right there Robert. Thank you for posting who was
in charge of the IRS at that time.
(Sarcasm)
Kraft-Heinz, parent company of Jell-0 , has sued Kevin McCarthy and all members of the Freedom Caucus for patent infringement and misuse of their product. The suit alleges the named defendants used the product to replace their spines. One anonymous defendant offered this response, "Duh".
hee hee hee
1) Former IRS Commissioner Charles Rettig, appointed by Trump, was a problem from the start. He was an accountant and wrote an editorial for a magazine that justified Trump not releasing his tax returns. Trump was informed of the article and named him to head the IRS. Under his leadership, the IRS did not audit Trump's tax returns, as required by law. This was the Trump government. Sycophants and corruption.
2) Justice delayed is justice denied! It is now almost 2 years since Jan. 6, 2021. Where is the sense of urgency? The DOJ must bring to justice the insurrectionists who led the plot to overthrow our government. Merrick Garland and his department owe it to the American people. And it should be done soon!
As always, thank you for your insights and summaries. Your newsletter is my first read every morning. A quibble: it is not shocking that Congress leaves the debt ceiling job to the very end - how could something they do every single time (as you point out) be shocking? Is it shocking that you pay your taxes every single year? It is an opportunity for politicians to obtain tons of free publicity. “I oppose this!” “I saved the nation!” It won’t be shocking the next time either.
Thank you, Robert, for distilling all of the Congressional hullabaloo into a one cup of coffee read!
I have two questions, one (probably) stupid and the other serious:
The Stupid Question: How can the appointment of Electors occur on "election day" when, as is often the case with mail-in voting, it takes several days or even weeks after election day to tally the votes and determine the winner? And what if an election is in dispute? I read the modification to the term "election day" (p.1935) and other than modifying the term to include any delay caused by force majeure, the day remains "the Tuesday next after the first Monday in November...." So, is the tail wagging the dog?
The Serious Question: Does the Electoral Count Reform Act of 2022 negatively impact the National Popular Vote interstate compact in which States agree to cast their votes to the winner of popular vote? While the compact does not become effective until states representing 270 electoral votes sign the compact, does the foregoing (stupid) question jeopardize the compact effort?
Good questions.
As to the time of appointment of electors, the statute says that electors are to be appointed on Election Day "in the manner prescribed by state law." If state law says that the appointment is to be done by popular vote on Election Day including mail in ballots mailed on or before Election Day, nothing in the act says that states cannot continue after Election Day to tally votes cast on Election Day. The point is to preclude the legislatures from appointing electors by action taken after Election Day.
I think the same logic applies to your second question: If states pass laws that say, "We will select electors by awarding our electors to the candidate who (a) wins the popular vote in our state, or (b) to a different candidate who wins the popular vote in the states that are parties to the interstate compact," I think that will satisfy the Electoral Count Reform Act that electors are to be awarded based on state law in place on Election Day.
Separately, although I think the National Popular Vote Interstate Compact is a wonderful idea, I think there are strong arguments that it would be unconstitutional. The effect of the compact would be to amend the Constitution without following the Constitution's rules for amendment. That is a slippery slope. Small states excluded from the compact would rightly feel that they were excluded from the amendment process. That could fray the fabric of the Constitution.
Thank you, Robert, for responding. You certainly clarified the "Election Day" issue and noted the risk of the compact. Much appreciated on both fronts!
I think both are good questions. Watching for answers.