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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFake Electors - Fake Election Propaganda - Mail Fraud Federal Felony
I clearly remember watching the group of fake electors demanding access to the Michigan Capitol while the real, legitimate electors were inside the building, tallying their votes and preparing the document to be transmitted to the National Archives. The incident was televised, and I was watching it live. I remember commenting to my wife, as a State Police official denied the fake electors admission into the building. "The electors are already inside," the State Police official told them. I said, "This is really interesting. I wonder what will become of it.
Well, those phony certifications got sent, via USPS Registered Mail, to the National Archives. From seven states that Biden had won came similar (almost identical) phony documents. Clearly, the fake electors knew their document was invalid, but they sent it along all the same. And, in so doing, they conspired to commit mail fraud, which is a federal felony violation.
So, now, two such electors from each of those seven states have been called to appear before the January 6 House committee that is investigating the January 6 insurrection. It's all part of the same thing. It was those fake elector certification documents that the Trumpers wanted to be tallied, instead of the real ones.
Mail Fraud is a no-brainer federal felony charge that should be brought against every one of those fake electors, all of whom signed those fake certifications, knowing full well that they were false. They knew, and signed their names to the fraudulent certification documents Those signatures are prima facie evidence in a federal mail fraud case that should be brought against each and every person who affixed their signature to those false certifications.
Since none of those certifications were signed following an official proceeding in the state legislatures of those states, there is no question that the signers of them knew they were false.
Try them all for that federal crime and sentence them all to the maximum allowable term in prison. In the process, a number of current Republican office holders and party officials will be among those going to prison.
There it is - a no-brainer prosecution target for the DOJ. It should be done immediately.
ProudMNDemocrat
(20,877 posts)Where there were several recounts that either found more votes for Biden, to NOT affecting the totals at all.
THAT should be as obvious as the nose on one's face don't you think?
MineralMan
(151,187 posts)Every case that was filed in state and federal courts that claimed that elections were flawed or invalid was rejected by the courts. In some cases, multiple times, even on appeal. Once the Secretaries of State in every state had certified the election, the election was over and the results were final.
On December 14, the results were known in all 50 states and electors were certified and signed the official documents to be sent to the Archivist. That ended the election period. On January 6, the proceedings in Congress were nothing more than a ceremonial acceptance of those results.
The conspiracy to overturn the election was doomed to failure from the start. Congress did its job, despite a number of Republicans who voted not to certify the Electoral College votes. The whole conspiracy was based on fraud. However, prosecutions should begin with those who signed false certifications of false electors. They committed Mail Fraud, at the very least, and that's an open and shut case against each of them. They knew they were signing a false document that would be sent via USPS Registered Mail.
From there, prosecutions should extend up the line of those who led this fraudulent conspiracy. That line ends in the Oval Office with Donald John Trump, who was the leader of the conspiracy.
Our Attorney General, Merrick Garland, knows this. Now, it's up to him to carry out the responsibility to prosecute. I think he will do his job.
fightforfreedom
(4,913 posts)Response to MineralMan (Original post)
malaise This message was self-deleted by its author.
malaise
(295,779 posts)
MineralMan
(151,187 posts)fightforfreedom
(4,913 posts)That is a conspiracy to commit election fraud. Game over.
MineralMan
(151,187 posts)kentuck
(115,393 posts)As I recall, the date was December 14th.
The "fake" ballots were the ones that Pence was supposed to accept. That seems to be the centerpiece of the entire plot?
The call to the GA SOS was on January 2nd. GA was not going along with their plot and they began to pressure him.
On December 19, Trump sent his tweet to his supporters to be in DC on January 6th. "It will be wild", he told them. Was this when he began to put in place his final option, if Pence did not certify the fake ballots for him?
How much planning was put into the final option to overthrow the election? Was that their job at the Willard Hotel? Did they know there were going to be guns stashed across the river with a quick reaction force? (QRF)
Was the storming of the Capitol planned or just a spontaneous happening?
The picture is becoming clearer.
MineralMan
(151,187 posts)It takes time to prepare cases. The facts are obvious, though.
kentuck
(115,393 posts)I heard Stephen Miller on a clip say that they were just going to be ready if the courts ruled in their favor in those states. He said they were only exhausting all their "legal options".
MineralMan
(151,187 posts)Nope. Stephen Miller is full of excrement. He will be prosecuted, as well, I believe.
kentuck
(115,393 posts)Not only is there no excuse for signing the fraudulent documents, there is no excuse for creating the fraudulent documents in the first place, contrary to what anyone in the White House might say. Also, why did they send the fake ballots to the National Archives? That seems to be a final official step in the process.
MineralMan
(151,187 posts)is the final nail in the Mail Fraud case. Not only did they plan to commit that fraud, they actually carried it out. Open and shut case.
Claire Oh Nette
(2,636 posts)20 years, $250K per count.
Pretty clear it's a seditious conspiracy and a failed coup.
DENVERPOPS
(13,003 posts)Do you worry, like me, that the Feds are going to run out of investigators, prosecutors, judges, and lawyers long before this ever gets near completion??????? Or that the Repubs are going to merely stall everything in the courts until maybe 2022 and when they take back the house, and possibly retain the Senate and then wipe out all that has been done or could/should be done??????
The magnitude of this is un-fathomable to me.........as close to incomprehensible as it gets.......
Like your stuff, Thx for commenting.....
MineralMan
(151,187 posts)They're not going to "run out" of any of those things.
The Republicans will, of course, try to use the courts to stall. What is more important is indictments and arrests, frankly. Biden's DOJ has through 2024 to do the trials, etc. AG Garland won't be leaving any time before that, and the DOJ is Biden's through 2024.
If the timing is right, a bunch of GOP House member and some GOP Senators are going to lose their elections, assuming they don't resign before November. Look at the list of those who voted against certifying the electoral college vote. Every one of those Trumpers will be campaigned against, based on that. So, voters may not be in a good mood come November. So, it may well be that the House isn't in as much risk as some seem to think. We might even pick up a couple more Senate seats in 2022, as well.
So, no, I'm not all that worried.
DENVERPOPS
(13,003 posts)more than anything that you are right..............
Response to MineralMan (Reply #13)
DENVERPOPS This message was self-deleted by its author.
dpibel
(3,915 posts)See post #52.
There's a federal pattern jury instruction that sets out a valid affirmative defense against a charge of mail fraud.
Lest you think this is some sort of cherry-picking on my part, I pulled this example because a pattern jury instruction is evidence of settled law; more authoritative that a number of L.Rev. notes and such that pop up in a search.
MineralMan
(151,187 posts)about my opinions. You're free to provide your own opinions, but I'm not paying much attention to you, I'm afraid...
dpibel
(3,915 posts)Your OP contains no conditionality.
You state as a matter of fact that mail fraud is a no brainer and should be charged forthwith.
Whether advice of counsel can be a defense to a mail fraud charge is not a matter of opinion. It either can be or it can't.
I've provided some pretty strong evidence that advice of counsel is a valid defense.
Your opinion to the contrary has no validity.
You're welcome to cite some authority to support your position.
But, as you well know, "everybody knows" doesn't carry the day.
MineralMan
(151,187 posts)Everything I write here is my opinion. Your opinion might differ.
dpibel
(3,915 posts)If you say "the sky is green" and a discussion ensues and I say, "Actually, the sky is blue--here's a reading of the light wavelength, and then there's the general consensus," what sense does it make for you to say, "Just my opinion!"
You have made statements of fact: Mail fraud is a no-brainer and advice of counsel is not a valid defense. I have provided evidence that advice of counsel is a valid defense, which actually takes the matter out of the "no-brainer" category.
People in this thread are not discussing your propositions as matters of conjecture (i.e. opinions) but as matters of fact.
So how is it that my citation to federal court pattern jury instructions is just my opinion and you have another opinion that, apparently, is every bit as good?
It's not a matter of opinion, regardless your sig line.
dpibel
(3,915 posts)Post 92 in this thread, https://www.democraticunderground.com/100216298944#post92
Interested in paying attention to him or her? Because that poster is saying the same thing: You know not whereof you speak.
fightforfreedom
(4,913 posts)They were not, they knew they were not and that is fraud. They are all in hiding now, not talking to anyone. That tells us a lot.
kentuck
(115,393 posts)They may have to move down the ladder a few to get the cooperation they need?
MineralMan
(151,187 posts)Of course, right now, we're only dealing with the House committee investigation. We don't know what the DOJ is up to with regard to this yet. I'm certain, though, that they are not only aware, but active in their own investigations.
drray23
(8,729 posts)You can also add to your list the strange statement Grassley made where he said he would be presiding during the count, meaning he knew Pence would be taken aside, maybe driven out by the secret service. This was twarfted because Pence refused to get into the car and stayed at the capitol instead.
erronis
(23,778 posts)perhaps just in a limo to a safe place, or perhaps (given tfg's animosity) to a permanent resting place.
Emile
(42,173 posts)MineralMan
(151,187 posts)They're proceeding with the process. It is a monumental process. They're on it, I have no doubt.
fightforfreedom
(4,913 posts)This is the largest, most serious, sensitive criminal investigation in our history. It will decide the future of our country.
MineralMan
(151,187 posts)there is an exacting process required before cases are prosecuted. That must be followed, and to the letter.
Emile
(42,173 posts)they started putting some of these traitors behind bars.
MineralMan
(151,187 posts)This should all be very interesting to follow as it proceeds to its conclusion.
Emile
(42,173 posts)MineralMan
(151,187 posts)Firestorm49
(4,542 posts)However, there is always a conflict between what will be done and should be done. As a nation we need to see a serious return to law and order, you know, the stuff that Republicans say they stand for.
We need assurance that as a nation we can see justice prevail and repel the destruction of mis-information, lies, and the attempted overthrow of our government.
Of course, our apathy in not taking to the streets long ago signals our willingness to acquiesce to the current norm and wait ever so patiently as the wheels of justice churn.
FelineOverlord
(3,851 posts)Watched this back in December 2020. It was . . . interesting.
MineralMan
(151,187 posts)malaise
(295,779 posts)Hmmmmmmmmmmmmmmmm!
kentuck
(115,393 posts)Otherwise, they may have tried to force their way into the building. The Michigan SoS and Attorney General were ready for their shenanigans.
mountain grammy
(29,005 posts)Armed, violent and raging out of control lunatics... but they sound so reasonable here
leftieNanner
(16,159 posts)He's acting like it's a constitutional duty to pick your favorite candidate, elections be damned.
And he said it all with a straight and serious face too!
Good on that officer for keeping them out, and for keeping his temper. I wonder if the Governor knew about this crap and was prepared to keep the Trump "electors" out.
Lasher
(29,560 posts)
joshcryer
(62,536 posts)spanone
(141,524 posts)gab13by13
(32,191 posts)that a lawyer told them it was legal.
We don't know if DOJ took on the case, from what I understand, DOJ is investigating the criminal referral that the Michigan AG gave it.
If DOJ were investigating the case, wouldn't the select committee defer the investigation to it? The bottom line is that all that the select committee can do prosecution wise is to give criminal referrals to DOJ anyhow.
They should be charged with seditious conspiracy and obstructing an official proceeding of Congress, as well as mail fraud.
As far as DOJ pushing for maximum sentences from what I see it is doing the opposite. Several judges have admonished prosecutors for not seeking stiffer sentences. We have a case unrelated to 1/6 where a man has been sending death threats to Congressional Democrats, the DOJ prosecutor asked for 1 year probation, the California judge ignored the request and sentenced the man to 4 months in prison. Facts are that DOJ prosecutors are not asking for stiff sentences, for the most part.
kentuck
(115,393 posts)As for some of these judges, they may not yet see the seriousness of the crimes? That may be why some are getting off so leniently?
The Michigan Sos and AG have both done a great job protecting the voters of Michigan and our Constitution.
MineralMan
(151,187 posts)When you sign your name to an "official document," you are responsible for that signature. That some attorney said you should sign it is immaterial.
As for the committee vs. the DOJ, the two things are independent of each other. Completely. One is a Legislative Branch function, and the other is an Executive Branch function. Separation of powers. There is communication, but both can investigate as they see fit.
gab13by13
(32,191 posts)if DOJ wants to speak with those 7 fake electors, those 7 fake electors won't have a choice. When the FBI comes knocking at your door you better answer your door.
Who is going to scare those 7 fake electors into flipping , the select committee or the FBI? The select committee has been doing a phenomenal job but DOJ has more clout. There's something unnerving when your child answers the door and says, Dad, the FBI wants to talk to you.
One good thing, all it takes is one of those fake electors to spill the beans. This is why speed in doing investigations is critical, those fake electors most likely will all have the same tale to tell, they will all have their stories coordinated. It's a good thing we have documents and video as evidence.
My story was purposely made melodramatic for effect.
dpibel
(3,915 posts)Those blind fools have a pattern jury instruction that reads like this:
1
S18
Good-Faith Reliance upon Advice of Counsel
Good-faith is a complete defense to the charge in the indictment because the
Government must prove beyond a reasonable doubt that the Defendant acted with [intent to defraud] [bad purpose to disobey or disregard the law] [a specific intent to violate a known legal duty]. Evidence that the Defendant in good-faith followed the advice of counsel would be inconsistent with such an unlawful intent. Unlawful intent has not been proved if the Defendant, before acting:
made a full and complete good-faith report of all material facts to an attorney he or she considered competent;
received the attorneys advice as to the specific course of conduct that was followed; and
reasonably relied upon that advice in good-faith.
. . .
(In Annotations and Comments)
The defense has also been used commonly in the context of fraud type offenses, such as mail fraud, securities fraud, bankruptcy fraud, bank fraud and the like, as well as false statement crimes.
https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/FormCriminalPatternJuryInstructions2016Rev.pdf
I'm not saying, mind you, that this will be an effective defense in this case.
Because, unlike you (apparently), I do not have at hand all the facts.
But mail fraud appears to be an intent crime, and intent crimes are really never no-brainers.
In any case, this pattern jury instruction is quite at odds with your flat assertion that advice of counsel is of no matter.
Mme. Defarge
(9,016 posts)I understand about mail fraud having recently re-watched The Firm.
fightforfreedom
(4,913 posts)government function. Am I missing anything?
kentuck
(115,393 posts)If their intent was to overthrow the will of the people.
MineralMan
(151,187 posts)this from the top. That would be what I'd do, anyhow, if I were in a position to make those decisions.
One of the pieces of this puzzle that none of us know is what decisions are being made at the DOJ. And decisions are certainly being made there. It's a complex process, I'm sure. Since I'm not involved in any of this, except for being a spectator, I can't really speculate on the discussions that are going on at the DOJ. I'm sure there are such discussions, though.
gab13by13
(32,191 posts)All we know for sure is that DOJ is investigating the criminal referral sent to it by the Michigan AG, just like it is investigating the Meadows criminal referral.
MineralMan
(151,187 posts)who signed those fake electoral documents. All felonies. There will be some of those who will be pleading to tell everything they know, in exchange, perhaps for a lesser sentence.
The DOJ can pick and choose from those willing to spill their respective beans.
The instigators of all of this, however, will not be given those opportunities, I think. Those people will pay a bigger price for this conspiracy.
fightforfreedom
(4,913 posts)MineralMan
(151,187 posts)will be people clamoring to tell all, I guarantee.
halfulglas
(1,654 posts)Then there are additional charges for some who were involved in other crimes. Let's face it, they all knew what they were doing and were proud of it.
MineralMan
(151,187 posts)That's a start, anyhow.
gab13by13
(32,191 posts)know that it was going to be mailed to the National Archives and to Congress, or did just the person who mailed it know?
MineralMan
(151,187 posts)So, yes, they knew. That was the entire point of the useless exercise.
joshcryer
(62,536 posts)...it is quite literally their duty to transmit it to the National Archives.
Which is why the first question they will each, uniquely, individually, be asked, is "Do you believe you were a duly elected elector when you signed this document?"
Answering yes to that question puts them behind bars, with carefully worded questioning.
Most will likely plead the fifth though. But all it takes is one person to say too much then they can one by one get the house of cards to fall.
Alexander Of Assyria
(7,839 posts)The person who actually mailed and paid for the postage for the criminal fake ballots would hold the key to that question,
fightforfreedom
(4,913 posts)Everyone involved in the coup knew the election was not stolen. It has been proven beyond any doubt. They are still saying it was stolen and they still have no evidence it was. That's their defense, it proves they are liars.
If I was sitting on a jury that would be enough to prove intent.
joshcryer
(62,536 posts)FBI: Is this your signature?
Forged elector (FE): Yes, that is my signature.
FBI: Do you believe you were a duly elected elector?
FE: I believe I was.
FBI: As an elector what is the process?
FE: Well, we gather at the state building, and tally up the electors for each candidate, then sign our names to the elector sheet, then we transmit that elector sheet to the National Archives.
FBI: Did you do this process?
FE: They would not allow us into the building to be seated electors.
FBI: I see, but you said before you believed you were duly elected, correct?
FE: That is correct.
FBI: So it was your understanding that you would be following the procedure as a duly elected elector and transmit to the National Archives?
(The above question would be asked much more evasively, this is a leading question here, but to write it the way they would ask would be several exchanges, just think rewording it to not give away the answer. ie, what is the procedure, you claim to be the elector, did you follow procedure, is the procedure this, etc).
FE: Well, we were duly elected so I believe that is the procedure.
FBI: Isn't it true that the governor must sign the list of ascertainment for the electors?
FE: Yes.
FBI: Did the governor sign your list of ascertainment?
FE: No.
FBI: OK, thank you, that is all.
FE: We're done here?
FBI: Well, you're done here. See you in a few weeks.
MineralMan
(151,187 posts)It's not a minor federal felony, by any means.
SheltieLover
(80,219 posts)Lock them all up!
erronis
(23,778 posts)You have some great observations on how this is playing out.
Slowly and methodically. Let's hope that the results justify the process.
MineralMan
(151,187 posts)Timing is important for it all to have an impact on the midterm elections. Voters notoriously have short attention spans, so I think the time for indictments, etc. will be somewhat closer to the election in November. Many Democratic campaigns for the House, Senate, and state legislatures can leverage timely indictments and even arrests to help them win seats people aren't even thinking about right now.
Overall, Americans are reactive in nature, and react to what is going on at the time they decide what to do. That's why timing is so important. I'm not the only one who knows that, either.
fightforfreedom
(4,913 posts)something hits them in their face and then they wake up. I am hopeful the open hearings, people getting indicted will do just that.
MineralMan
(151,187 posts)Indictments, too. I suspect the indictments will issue during the late Spring, as the open committee hearings are winding down. Keeping this in front of the people is an important goal, as is building toward a climax sometime in late Summer.
That's my timeline. I don't know if it is anyone else's, but it's a logical one in terms of the midterm elections.
Also, remember that Devin Nunes, who has been mixed up in all this, resigned from his House seat recently. I think he knew that he would lose if he stayed in office. He said he was going to take a position with Trump's "social media" enterprise, but who knows. I think he was "getting out of Dodge," really.
We might see some more decisions from Republicans to drop out before too long. Look at the list of House members who voted against certifying the electoral college vote. Many of those are potential candidates for dropping out before facing the voters.
erronis
(23,778 posts)either the House Select Committee or the DOJ investigations.
The repuglicons brought this upon themselves and knew that if they couldn't pull off their stunt that there would be hell to pay. Of course they won't admit any of that - blaming everyone and everything else.
MineralMan
(151,187 posts)That it will benefit Democrats in the election is due only to their criminal acts. Just deserts, shall we say.
Puppyjive
(984 posts)Trump continues to call out election fraud while actively engaging in election fraud. Trump is a POS.
TxVietVet
(1,905 posts)Somehow, I hope the conservanazis dont get the upper hand and seize control. If they do, it will be the end of democracy for the United States.
The Dems need to expose all of their criminal activities and shut down Fox Noise.
Takket
(23,701 posts)Perhaps told by drumpf representatives that the state legislatures were about to throw out the results for fraud, and they needed the electoral votes signed at at the archives to be counted on Jan 6th? Not saying that's an excuse... just what they might try.
One thing is for sure, their phone records should be pulled by warrant because you can bet they have all been talking about "getting their stories straight".
These are the questions the DOJ and/or Jan 6 commission should be asking......
Who contacted you about signing this document?
What did they say to you to convince you to sign it?
Did they ever say or infer that they planned to submit the documents to the national archives?
What did they tell you would be done with the document once you signed it?
And in the case of Michigan: Why did you go to the Michigan Capitol the day the votes were certified? Who's idea was it? Did you intend to have your votes cast in place of the Biden electors?
Hard for them to explain why they went to Lansing for any reason other than replacing the legitimate electors with their fake ones, thus committing election fraud at best and sedition at the worst. Good luck legal speaking your way out of that.
MineralMan
(151,187 posts)They understood what they were doing, I'm sure. Now, they may not have considered their risks from signing a fake document and trying to disrupt the election, but they knew what they were doing. They're not stupid people.
fightforfreedom
(4,913 posts)The dog ate my homework. I did not eat the cookies, ignore the chocolate on my face. Prosecutors and people who sit on juries are not stupid.
MineralMan
(151,187 posts)DeeNice
(579 posts)To go along with the scheme and were replaced. They would probably be a great source of information on how it went down, where the orders were coming from, and if there was any attempt at coercion.
MineralMan
(151,187 posts)So, it's difficult to say exactly what the investigation will be looking at. Suffice it to say that more will be investigated than we know about right now, I'm sure.
fightforfreedom
(4,913 posts)It's going to grow and grow and grow.
MineralMan
(151,187 posts)leftieNanner
(16,159 posts)is 20 years.
Faced with that, maybe some of these folks might see clear to spill their guts to the committee.
MineralMan
(151,187 posts)Hekate
(100,133 posts)MineralMan
(151,187 posts)The funny thing is that the Secretary of State in each state sends the official electoral college confirmation document to the Archivist via Registered Mail via the USPS. So the fake folks did the same thing. Except theirs was fraudulent, so what they did is mail fraud.
For seemingly smart people, they're really stupid.
spanone
(141,524 posts)MineralMan
(151,187 posts)So, there will be grand jury hearings, followed by indictments, followed by arrests, followed by trials.
That's how it works, I'm afraid.
spanone
(141,524 posts)Gonna be a good year for lawyers.
onenote
(46,135 posts)Mail fraud is a specific intent crime and such crimes are rarely "no brainers." For example, "good faith" is a complete defense to a mail fraud charge and the elements of the good faith defense, and of the "advice of counsel" element in particular, can be tripwires in prosecutions for mail fraud.
So one can safely assume that the DOJ will conduct a thorough investigation that looks into the strength or weakness of a possible good faith defense in connection with the fake certifications.
The DOJ website expressly acknowledges the good faith defense to mail fraud charges.
https://www.justice.gov/archives/jm/criminal-resource-manual-969-defenses-good-faith
joshcryer
(62,536 posts)...is a very, very, delicious prospect for a prospective prosecutor.
They may even use that in their line of questioning.
Assuming they don't all plead the fifth as they are likely being instructed to do.
FBI: Do you believe that you were a faithful elector when you signed this list of ascertainment?
Forged elector: Yes.
Then you go down this rabbit hole of very evasive questions regarding the job of the electors and what they do. Transmitting the document to the National Archives is literally the job of the electors.
But again, it's unlikely most of them will speak up or truthfully about what they did. But if the FBI can get a few to talk it could be very interesting.