“An airtight case.”
George Conway: The Evidence Against Trump Fits Like A Glove
George Conway, the high-powered Washington, DC attorney, says that the DOJ must now go straight at Donald Trump with an indictment in hand. The evidence is in plain sight and it fits the criminal statute like a glove. Conway appeared on Morning Joe and offered his assessment.
“This statute says what it says, but the problem for Trump and Eastman and others, and Eastman has had to plead the Fifth [Amendment] 146 times at his deposition before the Jan. 6 committee. The problem for them is that the ‘evidence is piling up and mounting and it fits these statutes like a glove. I mean, the real issue is were they intending to deceive anybody, did they know they were deceiving people?”
And yet we’ve seen and heard evidence against Donald Trump that fits either tax fraud or bank fraud “fits like a glove” from Michael Cohen and others. The New York Times spent months and millions of dollars collecting back taxes proving Trump engaged in fraud. We heard leaks for the last year that the Manhattan D.A. had an airtight case against him.
And yet, we learned just a week ago that two Manhattan prosecutors assigned to the Trump case resigned on the same day apparently due to Manhattan D.A. Alvin Bragg’s decision to not prosecute Donald Trump. There is a reluctance to charge Trump, or even investigate him.
Perhaps prosecutors fear the backlash that would come from what Trump would call a political prosecution. Perhaps there is fear that Trump would inevitably call for the biggest “protests” in history, as he once promised. Perhaps there is fear that one will inevitably run up against jury nullification, where just one juror, a Trump cultist, would refuse to find him guilty. Whatever the reason, the Attorney General and DOJ, just like Manhattan, has shown no interest – that we know of – in prosecuting Trump, nor even any of the suits surrounding him, reserving prosecution for those who broke into windows, the patsies.
Conway moved on:
There is already, you know, reporting out there that Trump was telling his aides, and I know for a fact this to be true, that he was saying, ‘How could I have lost to this guy? How could I have lost?’ which means he knew he lost, which means he knew he was engaging in fraud and knew he was engaging in a deceit, and the fact he was trying to obstruct the lawful function of the United States government puts this squarely, squarely under the scope of 18 U.S.C. section 371.”
“At this point, I don’t see how the Justice Department can pass on this.”
Will The DOJ Act On Potential Trump Crimes?
Well, we can see it because the situation has not changed since mid-December when the committee referred Mark Meadows for contempt of Congress and in January when the SCOTUS undercut Meadows’s executive privilege theory. Day after day, after day, and no movement whatsoever from DOJ on referrals for prosecution on “airtight cases.”
The problem, of course, is that one cannot force any prosecutor to prosecute anyone. On the local level, one can only elect a new D.A., one can attempt to get the State Attorney General’s office involved, or even the U.S. Attorney’s office, if the crime can be construed as federal. At the DOJ level, only president Biden could really do anything and it is 100% against tradition and all that we have come to expect from our federal government for a president to order his attorney general to prosecute someone, let alone his primary political rival. (The Trump administration being the exception, obviously). And we’re long past the time when regular citizens were allowed to file criminal complaints in court and attempt to win a verdict themselves.
So there we sit. Biden can fire Merrick Garland, certainly. And then he’ll be asked why he chose to do so. Biden could tell the truth, but then again, one runs right up against the perfect counter-argument, led by the man who would burn the United States to the ground in order to save himself. Perhaps Biden could thread the needle and say that he needs a D.A. that is responsive to congressional referrals for contempt, at the very least. But a referral is just that, a referral. The DOJ is not under any obligation to do a thing. Biden is near powerless without admitting he wants to see high-level prosecutions for January 6th, and presidents don’t call for specific prosecutions.
One could always hold out hope that there is a giant investigation going on just beneath the surface. But one would still expect to hear about search warrants and indictments of low-level staffers. That is not happening. It is very near time to give up on the idea that anyone will ever hold Donald Trump criminally liable for any of the crimes he committed in office or even before he was in office.
Jason Miciak is a political writer, features writer, author, and attorney. He is originally from Canada but grew up in the Pacific Northwest as a dual Canadian-American citizen, which he grows increasingly thankful for every day. He now enjoys life as a single dad, writing from the beaches of the Gulf Coast, getting advice from his beloved daughter and teammate. He is very much the dreamy mystic that cannot add and loves dogs more than most people. He also likes studying cooking, theoretical physics, cosmology, and quantum mechanics. He likes pizza.
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