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Before yesterdayPolitics – The Daily Signal

Will Democrats Pay a Price for Their Crumbling Lawfare Strategy Against Trump?

President Joe Biden, who wears bespoke sneakers to prevent embarrassing collapses and whose command of the English language rivals that of most kindergartners, is in bad political shape. 

It is unsurprising that Democrats have resorted to some of the slimiest tactics imaginable to derail President Donald Trump’s comeback bid and push their senile octogenarian across the November finish line. Properly skeptical of their chances to topple Trump in a fair mano-a-mano, the Democrat-lawfare complex in 2023 conjured up four separate criminal prosecutions—two federal probes and two state probes—targeting the 45th president. After all, if you can’t beat him, then … prosecute and incarcerate him! All in the name of “our democracy,” naturally.

Suffice it to say that the Democrat-lawfare complex’s brazen, cynical attempt to subvert our constitutional order in the name of saving it has not gone according to plan.

In Washington, D.C., Special Counsel Jack Smith’s crown-jewel case against Trump, pertaining to the 2020 presidential election and the Jan. 6 jamboree at the U.S. Capitol, has been interrupted by the U.S. Supreme Court. The justices stepped in to assess the thorny constitutional question of the scope of immunity from criminal prosecution for former presidents, and a decision is not expected until late June.

The most likely result is a mixed opinion that holds some “core” Article II presidential functions are immune from post-presidency prosecution, but other acts are not. This would require a remand to the trial court for fact-finding to determine which legal category the acts in Smith’s indictment fall into. That trial court finding could then be appealed, too. There is virtually no chance Smith can wrap this all up before November.

In Florida, Smith’s other federal case has not been more successful. The Florida prosecution, pertaining to Trump’s post-presidency handling of classified documents at his Mar-a-Lago estate, had at least some potential on the legal merits. But Smith wildly overplayed his hand by charging Trump with violating the controversial World War I-era Espionage Act, and the proceedings have frequently been set back due to the strenuous demands of the Classified Information Procedures Act—a 1980 statute first introduced in the Senate, ironically, by then-Sen. Joe Biden, D-Del.

Recently, Judge Aileen Cannon indefinitely postponed the trial start date, which had initially been scheduled for May 20. There is again little to no chance Smith can reach a jury before November.

The case in Fulton County, Georgia, which once seemed the most perilous of them all due to Georgia’s sprawling Racketeer Influenced and Corrupt Organizations Act, the far-left Atlanta jury pool, and the potential for high-profile prosecution witnesses, has gone totally off the rails. Ever since January, the only questions in the case have not been substantive legal issues such as whether Trump oversaw a grand conspiracy to “overturn an election,” but tabloid fodder such as whether Fulton County District Attorney Fani Willis and her illicit extramarital lover and appointed special prosecutor, Nathan Wade, are too compromised to bring the case.

The trial court’s finding that only one of them must recuse is now pending before a Georgia appellate court, and it is likely the Supreme Court of Georgia will weigh in, too. This case isn’t reaching a jury before November, either.

That leaves the ongoing drama in New York City, where a literal porn “star” (Stormy Daniels) and a convicted felon (Michael Cohen) are aiding the George Soros-funded prosecutor’s case of … well, he hasn’t exactly told us what it is. We surmise the case entails alleged New York State fraudulent bookkeeping charges in furtherance of a federal campaign finance law violation—which doesn’t even fall into the local district attorney’s jurisdiction.

The prosecution is about to rest its case, and we don’t even know for sure what the actual black-letter legal case is. On Thursday, the “star witness” convicted felon’s testimony was so bad that far-left CNN anchor Anderson Cooper remarked: “I think if I was a juror in this case watching that, I would think this guy is making it up as he’s going along.”

Brutal.

The Democrats’ strategy is failing. But it is up to the American people to make them pay for it.

COPYRIGHT 2024 CREATORS.COM

The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation. 

The post Will Democrats Pay a Price for Their Crumbling Lawfare Strategy Against Trump? appeared first on The Daily Signal.

‘SHAM’: House Speaker Johnson Condemns Trial of Trump as ‘Politically Motivated’

House Speaker Mike Johnson, R-La., in New York on Tuesday, condemned the so-called hush-money criminal trial of former President Donald Trump.

Johnson blasted the trial as a “sham” and said that it’s being used to manipulate the 2024 presidential election.

I’m disgusted by what’s happening in the sham trial against President Trump.

The American people can see it’s politically motivated.

Their star witness, Michael Cohen, is a known liar who is clearly on a mission for personal revenge. pic.twitter.com/dub4dyu91s

— Speaker Mike Johnson (@SpeakerJohnson) May 14, 2024

“I’m an attorney. I’m a former litigator myself. I’m disgusted by what is happening here,” the Louisiana lawmaker said. “What is being done here is being done to our entire system of justice overall.”

Johnson said the American people are “losing faith” in the U.S. justice system and our institutions because they see them being “abused.”

The House speaker said the facts in Trump’s case are important, as they always are in a trial. The former president’s actions were “previously reviewed, and no charges were filed. Why is that?” Johnson asked rhetorically.

“Because there’s no crime here,” he said, answering his own question.

Manhattan District Attorney Alvin Bragg started up this case eight years after the crime was allegedly committed, Johnson said, because “it’s painfully obvious, we’re six months out from an election day, and that’s the reason they brought these charges here and across the country.”

Johnson noted that the legal officials in this case are all partisan Democrats.

“What we’ve got here is a partisan Democrat district attorney. We have a [President Joe] Biden donor judge, and we have an [assistant district attorney] who was recently a top official at the Department of Justice, Biden’s DOJ, and recently received over $10,000 in payments from the Democratic National Committee,” he said.

Bragg, who brought the charges against Trump, also is a Democrat.

Johnson said the “star witness” in the Trump trial, former Trump attorney Michael Cohen, is simply out for retribution.

Cohen is “clearly on a mission for personal revenge,” the Louisiana Republican said, adding that Cohen is known to be a witness who “has had trouble with the truth.”

Cohen admitted to lying to Congress in 2017, which was among the crimes that led to his disbarment.

“There’s nothing he presents here that should be given any weight at all by a jury and certainly not by this judge,” Johnson said.

The charge against Trump is falsification of business records, he said, “but I think everyone knows that he is not the bookkeeper of his company.”

The House speaker said Trump is “innocent” in the case and that “anyone with common sense can see what’s happening here.”

On top of everything else, Johnson said, the court has issued a gag order against Trump, which deprives the former president of his right to free speech during an election campaign. The whole trial represents a clear case where the judicial system has been weaponized against Trump, he said, and is punishing one presidential nominee while providing “cover” for another.

“The American people are not going to let this stand,” Johnson said. “Election Day cannot get here soon enough, and we will continue to shine a light on all of this in Congress because we have that constitutional responsibility.”

The post ‘SHAM’: House Speaker Johnson Condemns Trial of Trump as ‘Politically Motivated’ appeared first on The Daily Signal.

Could a Manhattan Jury Acquit Trump?

Having served on three Manhattan juries, I would not be surprised if the 12 men and women hearing New York v. Donald J. Trump acquit him of all charges.

During two civil actions and one criminal case, my fellow jurors were serious, professional, and movingly civic-minded. A quiet, solemn patriotism infused our deliberations. Several jurors said that we should respect the justice system because, someday, we might need it to respect us.

My first case was a medical-malpractice lawsuit involving a botched abortion. We empathized with a woman wounded by her doctors, but her lawyer did not prove negligence. So, we backed her physicians.

“But we’ve got to give her something,” one juror insisted.

Others instantly rebuked him.

“That’s not how it works!” one said. “I feel sorry for her, too,” another admitted. “But her lawyer never made her case.”

So, we sent the plaintiff home without a penny.

Next, we deliberated intensely for almost three days before concluding that a Harlem drug counselor never demonstrated his defamation-of-character claim against his employers. My sympathetic pleas went unheeded, and he left empty-handed.

Finally, in her closing argument, a criminal prosecutor displayed a CD-ROM of a police dispatcher’s “Be on the lookout” announcement after an armed robbery. When we asked the judge to play that recording, he told us that it was not in evidence. 

Disgusted by this prosecutorial deception, we instantly and angrily acquitted the defendants. Minutes later, as foreman, I proudly announced our verdict in court.

These three cases confirm that Manhattan juries are sober and perfectly capable of fairness.

That is good news for Trump.

A jury of levelheaded Manhattanites would appreciate these facts that verify the profound vacuity and fundamental unfairness of District Attorney Alvin Bragg’s “case” against Trump:

  • An April 25, 2023, U.S. Justice Department Memorandum of Understanding with the Federal Election Commission leaves Bragg powerless to prosecute this matter. “The Department has exclusive jurisdiction over criminal enforcement of the federal campaign finance laws,” the memorandum states.

“The Commission has exclusive jurisdiction over civil enforcement,” the memo says.

Nowhere does this federal rule grant local prosecutors authority to enforce federal election laws. Thus, Bragg’s case is a shack built atop a cloud of helium. 

  • Bragg skirted the statute of limitations by claiming that Trump falsified business records to commit a second violation. After two weeks of this trial, that second crime remains a mystery.
  • Prosecutors described a “catch-and-kill scheme” through which the National Enquirer bought the rights to stories that might embarrass Trump and then buried them. Rather than a plot to influence the 2020 election, the Enquirer routinely caught and killed stories about Trump—and other newsmakers. More important, “catch and kill” might be dodgy, but it is not illegal.
  • Former nude thespian Stormy Daniels signed a nondisclosure agreement promising quietude about consensual sex that Trump and, at various times, Daniels herself deny ever sharing. NDAs are perfectly legal. I have signed at least three (while dressed), and nondisclosure language has appeared in numerous contracts I have endorsed. Confidential out-of-court settlements operate similarly and legally.
  • Former Trump attorney Michael Cohen paid Daniels to clam up about her alleged intimacy with Trump. Again, sex or no sex, it is legal to pay people to ignore journalists (although buying silence before law enforcement is obstruction of justice). 
  • Trump’s checks allegedly reimbursed Cohen for payments to Daniels. It is perfectly legal for a client to repay his attorney funds advanced in a lawful transaction.
  • Bragg claims that Trump should have paid for this private matter with campaign cash. That would have been illegal. Instead, Trump legally used his own money.
  • Trump faces 34 counts of alleged falsification of business records because his bookkeepers posted ledger entries for checks to Cohen as “legal expenses.” Would Bragg prefer false descriptions like “plumbing supplies” or “marble tiles”? Trump faces prison for reporting legal expenses as “legal expenses,” which is legal.

With 48% of registered voters telling Reuters-Ipsos last month that Trump’s Kafkaesque cases are “excessive and politically motivated” (41% disagree) even a Manhattan jury could scrap Bragg’s contraption.

My memories of jury duty, including within the Stalinesque building in which Trump is being persecuted, tell me that deliberating jurors could think, “I won’t vote for Trump. But I cannot convict him beyond a reasonable doubt in a shaky case about actions that are lurid, but legal.”

If just one juror agrees, this case will end with a hung jury. A second trial would be unlikely before Election Day.

And if “lurid, but legal” reflects the opinions of 12 of my fellow Manhattanites—who tend to be tough, but fair—then Trump will be acquitted on all charges and go back to where he belongs: The campaign trail.

The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation.

The post Could a Manhattan Jury Acquit Trump? appeared first on The Daily Signal.

House Passes Bill to Restore Citizenship Question to Census

Legislation adopted Wednesday by the House of Representatives would restore a question about U.S. citizenship to the 2030 census, potentially reshaping congressional representation and the Electoral College.

Lawmakers voted, 206-202, to pass the Equal Representation Act, a bill championed by Reps. Chuck Edwards, R-N.C., and Warren Davidson, R-Ohio. (See how your representative voted.) Sen. Bill Hagerty, R-Tenn., introduced the Senate version, which Republicans overwhelmingly supported in a March vote.

With millions of illegal aliens residing in the United States—a problem exacerbated by the Biden administration’s border policies—the legislation aims to protect Americans’ electoral power and congressional representation by ensuring foreign citizens aren’t counted in the census.

“If you are an illegal immigrant, you should not be represented in the U.S. Congress,” House Majority Whip Tom Emmer, R-Minn., told The Daily Signal. “It’s a shame that House Democrats are allowing their open-borders agenda to get in the way of common sense.”

One of those Democrats openly acknowledged the benefits of counting illegal aliens. Rep. Yvette Clarke, D-N.Y., admitted, “We have a diaspora that can absorb a significant number of these migrants. … I need more people in my district just for redistricting purposes.”

Democrat Congresswoman Yvette Clarke on illegal immigrants in America:

"I need more people in my district just for redistricting purposes."

The end game: Dems are willing to destroy what it means to be an American citizen to help themselves politically. pic.twitter.com/3XmBDqYEsH

— Steve Guest (@SteveGuest) January 9, 2024

After being in all but one census from 1820 to 2000, the citizenship question was abandoned in the 2010 questionnaire during the Obama administration. The Trump administration attempted to restore the citizenship question for the 2020 census, but a divided Supreme Court ruled against its approach, and the idea was abandoned.

The Equal Representation Act would require the citizenship question on the 2030 census and each decennial census that follows.

The Trump administration attempted to restore the citizenship question for the 2020 census. A divided Supreme Court ruled against its approach, and the idea was abandoned. (Photo: Smith Collection/Getty Images)

Heritage Action, an independent partner of The Heritage Foundation, advocated for passage of the Equal Representation Act. The organization scored Wednesday’s vote on HR 7109. (The Heritage Foundation created The Daily Signal in 2014.)

Ryan Walker, Heritage Action’s executive vice president, faulted the Obama administration for undoing nearly 200 years of precedent. Walker said the consequences of inaction are significant, given the ongoing border crisis.

“Illegal immigrants and other noncitizens cannot vote, and should not be given the power to sway our elections or congressional maps—especially in light of Joe Biden’s border crisis that has brought more than 10 million people into our country,” Walker said. “The Equal Representation Act puts electoral power back in the hands of those with the right to vote—American citizens—something every member of Congress must protect.”

The House version amassed 114 co-sponsors and was approved by the House Committee on Oversight and Accountability in April on a 22-20 vote.

Illegal aliens should have ZERO influence in our electoral process.

You don't get to come to our country, break our laws, and then be included in congressional apportionment.

That's why I cosponsored the Equal Representation Act, which the House will vote on tonight.

— Rep. Eric Burlison (@RepEricBurlison) May 8, 2024

“Members of Congress represent U.S. citizens, not foreigners,” said Davidson, the bill’s co-sponsor. “Under the Democrats’ open-border policies, sanctuary cities and states inflate their population with illegal aliens. Then they’re rewarded with more congressional representation by a census that counts illegals. The inflated count is then used to draw congressional maps, undermining fair representation for our citizens.”

Edwards stressed only American citizens can legally vote, “so, only American citizens should be counted when determining federal representation.”

Hagerty forced a vote on the Equal Representation Act in March. It ultimately failed, 51-45, although only one Republican, Sen. Lisa Murkowski of Alaska, voted against it. Three other Republicans didn’t vote.

The post House Passes Bill to Restore Citizenship Question to Census appeared first on The Daily Signal.

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