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pnwmom

(108,995 posts)
Sun Dec 4, 2022, 12:31 PM Dec 2022

Standing on 5th avenue and shooting the Constitution, Trump just made Jack Smith's job easier.

https://www.thebulwark.com/trump-stands-in-the-middle-of-fifth-avenue-and-shoots-the-constitution/

As part of the charge, suppose prosecutors are trying to show that a core component of Trump’s sedition was to stop one of the defining political traditions of our republic—the peaceful transition of presidential power. Then one day, Trump says, We need the Constitution terminated so we can undo the transition that happened. That would bring prosecutors so close to home they could smell bread baking in the oven.

Second, take the crime of insurrection. Under federal law, it is punishable by a fine, up to ten years in prison, and permanent disqualification from “any office under the United States.” While the law does not clearly define insurrection, a historically informed and common-sense interpretation of the term would suggest that prosecutors would have to prove that the target intended an “act or instance of revolting against civil authority or an established government.” For that, there’s not much better evidence than him calling for abolishing the document on which the established government’s authority rests.

Third, should Smith aim to charge Trump with obstructing an official proceeding—the joint session of Congress on January 6th to certify President Biden’s election—prosecutors would need to show that Trump did not want that certification to occur. His post stating that it never should have happened and should still, two years later, be overturned seems like it would be of some use.

Fourth, there’s the potential charge of conspiracy to defraud the United States. It is proven by an agreement aimed at interfering with the government’s lawful functions; in this case, the function of certifying the election. Again, it sure helps to prove that aim if your target is outspoken about his continuing desire to have the certification nullified.
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ProudMNDemocrat

(16,793 posts)
2. To NOT Indict would be a MISCARRIAGE of Justice.
Sun Dec 4, 2022, 12:37 PM
Dec 2022

SP Jack Smith is no pushover. Perhaps TDFG is now seeing that if he prosecuted successfully War Criminals at The Hague. Smith will show TDFG no quarter.

Tetrachloride

(7,876 posts)
3. Well-organized paragraphs .
Sun Dec 4, 2022, 12:54 PM
Dec 2022

I bet all the pizza places around DOJ are on speed dial

Trump finds new ways to invite life in prison or worse.

thucythucy

(8,086 posts)
4. Does an oath sworn to uphold the Constitution become null and void
Sun Dec 4, 2022, 01:25 PM
Dec 2022

once one leaves office?

It probably doesn't have much force in the context of a criminal investigation, but I would imagine that calling for the Constitution to be terminated is a direct violation of the oath TFG took at his inauguration.

I guess that means Mango Mussolini's membership in the "Oath Keepers" is now also null and void.

pnwmom

(108,995 posts)
9. I've been wondering that, too. I just listened to the oath
Sun Dec 4, 2022, 02:19 PM
Dec 2022

and it appears to be linked to the job he said he'd do as President.

wnylib

(21,614 posts)
11. Well his call to overthrow the constitution
Sun Dec 4, 2022, 03:42 PM
Dec 2022

certainly nullifies his ability to credibly take an oath again to uphold it.

AnotherMother4Peace

(4,251 posts)
6. Ginni Thomas, Clarence, Alito, the "I like beer" boy, etc are trump's intended audience.
Sun Dec 4, 2022, 01:30 PM
Dec 2022

Ginni is a true believer, and Clarence apparently does what she says or believes the same way. Alito is just off his rocker and appears to be a religious zealot. The beer boy just sides with whoever has something to offer him. Barret is the true handmaiden.

Yeah, trump still has some powerful "true believers" ready to do his bidding. He's trying.

LaMouffette

(2,039 posts)
8. Traitor Trump is doubling down on "The election was stolen!" because it's all he's got, as the GOP
Sun Dec 4, 2022, 02:13 PM
Dec 2022

sees him more and more as a liability and less like a useful idiot.

Trump is dimly aware that his ratings are going down, so he's acting out with even more outrageous statements—"Do away with the Constitution!"—and behavior—"Dine Kampf" as another poster put it: his dinner with the two imbecilic anti-Semites—to get his next fix of media attention.

Lonestarblue

(10,085 posts)
10. Maybe he's setting up a defense of insanity if and when he is indicted.
Sun Dec 4, 2022, 03:37 PM
Dec 2022

I doubt he believes much of what he says, but he loves the attention, which he gets by being outrageous. Though I do waffle between thinking he’s truly delusional or he’s just a conniving SOB who has gotten away with criminal behavior his whole life and simply doesn’t believe he can ever be held accountable for anything.

LaMouffette

(2,039 posts)
12. I don't think he plans much beyond the next "hamberder," but maybe you're right.
Mon Dec 5, 2022, 02:28 PM
Dec 2022

Certainly no sane person who had just declared his candidacy for president would say that he wanted to do away with the Constitution.



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