Donald Trump

Should Trump be indicted?

We have set forth the considerations which we believe argue strongly for the indictment and prosecution of Donald Trump for his election-related and other crimes, and for the prosecution of his Republican co-conspirators who joined him in a vast conspiracy to overthrow the election and the Constitution of the United States.
We are faced with a Democratic conspiracy of silence regarding whether Trump should be indicted. It is not a criminal conspiracy, like Trump’s conspiracy to overthrow the election and the Constitution, but it is a conspiracy in the broader sense of the term.
Let us now consider the arguments for not prosecuting Trump and his co-conspirators.


The dog days of August and the Olympic Games: Time to act on Trump and the Republican fascist threat

See Jonathan Freedland, “Trump may be fading away, but Trumpism is now in the American bloodstream; He left in disgrace, yet all signs point to…


The indictment of Trump: The Democratic wall of silence begins to break

See, 1) Laurence H. Tribe, Barbara McQuade and Joyce White Vance, “Here’s a roadmap for the Justice Department to follow in investigating Trump,” Washington Post,…


REPRISE: When will Trump be indicted?

Putting all of these actions together, it appears that Donald Trump led a vast conspiracy, in which he enlisted the support and cooperation of Republican federal, state, and local legislators and officials, to overthrow the results of the November 3 presidential election and, consequently, the Constitution of the United States.

Why have we heard virtually nothing about federal or state grand juries investigating these alleged crimes?

There have been only a few exceptions, such as the grand jury in Atlanta where a courageous prosecutor is investigating a blatant case of apparent election interference for which there is recorded and public evidence.

Why indeed has former President Donald Trump not yet been indicted for the many crimes he has apparently committed?

When will he be indicted?

Moreover, when will his many Republican co-conspirators and accomplices in these apparent crimes be investigated and themselves indicted?

What is going on?

We are all tired of thinking about Trump and his crimes. However, democracy is a very fragile flower, and we have just seen how close we can come to losing it. If America’s first fascist president, and the many members of the Republican Party who engaged in a vast conspiracy to overthrow the Constitution, are not held accountable before the courts for the very numerous crimes which they committed, the lesson of political impunity will not be lost on others.

Americans who are too cowardly to defend American democracy by prosecuting, and insisting on the prosecution of, those who have committed criminal acts in furtherance of the Republican conspiracy to overthrow the Constitution, will have only themselves and their own passivity to blame if it is lost.


The U.S. doesn’t need investigations or commissions. It needs prosecutions.

Republicans have done the Democrats and the ciountry a huge favor by blocking the creation of a special joint commission to investigate the January 6 insurrection. ..

No, we don’t need any further commissions of inquiry to distract us from the real issues and stakes in American politics today.

What we need is a Justice Department Task Force to launch and coordinate the prosecutions of Donald Trump and his Republican co-conspirators who committed many serious felonies in their efforts to overthrow the election and the Constitution in 2020-2021. Trump should also be prosecuted for his many egregious crimes in office, including the instances of obstruction of justice detailed–with a summary of the evidence–in the Mueller Report, and the many instances of obstruction of justice through witness tampering and retaliation against witnesses for truthfully testifying in impeachment investigations.

The rule of law is at stake here.

Congress, and in particular the House, has an important role to play. Instead of spinning their wheels in yet another congressional inquiry into the insurrection on January 6, the Democrats in the House should be holding hearings into why the Justice Department has not proceeded with prosecuting Donald Trump and his co-conspirators for the many crimes he and they committed in office, including the rash of election-related crimes committed after November 3, 2021.


Liz Cheney and the Republican “Gleichschaltung”

There is a movement afoot in the House of Representatives to strip Liz Cheney (R-Wyoming) from her post in the House Republican Leadership. Her opponents are furiously trying to remove her because she has refused to endorse the Big Lie that Donald Trump won the November election, and that it was stolen from him by massive fraud. Cheney survived a similar challenge a few weeks ago, but she has apparently lost the support of House Republican Minority Leader Kevin McCarthy, and is being challenged by a proponent of the Big Lie and everything Trump. Cheney says she will not tell lies to keep her position. The whole development reminds one of what took place in Germany in the 1930’s.


Biden’s disastrous decision to withdraw all troops from Afghanistam–with links to best opinion pieces

The decision to surrender to the Taliban and abandon our Afghan allies and supporters is among the most craven and dastardly decisions in U.S. military and foreign policy history. One searches in history for a decision of such dishonorable magnitude.

The comparison that comes to mind is the agreement by Neville Chamberlain of England and Ėdouard Daladier of France with Adolf Hitler at Berchtesgaden in Bavaria in October, 1938. The agreement, known as the Munich Pact, has become synonymous with betrayal and appeasement

That will be Joe Biden’s legacy, unless he changes course, which seems unlikely.


SECRET BALLOT: Potential Democratic maneuvers to secure a secret vote in Impeachment Trial

The Senate Democrats have the power to establish by a vote of 50+1 that the vote on whether or not Donald Trump is guilty of “high crimes and misdemeanors” shall be taken BY SECRET BALLOT.

But Article I of the Constitution provides that 1/5 of the members present can require a recorded vote. So even a Democratic-imposed secret ballot might not really provide a secret vote.

No one said any of this simple. Nonetheless, Democratic Senators need to figure these details out, and use them to their full advantage.

Democratic Senators need to overcome their fear of Trump and his supporters, and USE THEIR RAW POWER TO ENSURE A SECRET BALLOT on the vote to convict or acquit Trump.

A SECRET BALLOT could give Republican Senators an opportunity to rid their party of Trump, to redeem their party from its current position of being THE PARTY THAT IS THE ENEMY OF DEMOCRACY, and to start rebuilding a Republican Party based on principles of democracy and the rule of law.



Remove and Arrest Trump

If any person other than the President of the United States had incited such a riot, with such consequences, he or she would by now have been arrested and put in jail.

Yet Donald Trump is no ordinary criminal. As long as he occupies the office of President of the United States, he poses a uniquely dangerous threat to the country and to American democracy.
Trump is a criminal who is armed and dangerous, and on the loose.

He should be removed from office immediately.
The question remains of when Trump should be arrested.
If he engages in any actions to further his ongoing attempted coup, he should be immediately arrested and brought before a judge.

In any event, an order for his arrest should be issued, in order to prevent him from fleeing the country.

How and when he should be arrested, if before noon on January 20, 2021, is a delicate issue which all potential actors should now consider on an emergency basis.


Democrats’ cheap ploy with $2,000 stimulus check could cost them the Senate

The Democrats, by going for this cheap shot to embarrass the Republicans while implementing a bad policy, have given Georgians a strong reason to vote for the Republicans in the Senate run-off elections on January 5, 2021.

It is just one reason, and there are myriad other reasons to vote for Jon Ossoff and Rafael Warnick for Senator.

But, for the undecided voter of traditional Republican bent, the Democratic ploy may raise traditional concerns about Democratic spending.
What might be done, even at this late date?

It’s not clear anything can be done at this point to counter the risk occasioned by this mistake.

But it would make great sense to shift attention from the $2,000 relief payment to a plan to extend and increase federal enhanced unemployment benefits, and to fund state and local governments.


Trump weighs military coup options

Trump reportedly discussed with the duo (Michael Lynn and Sidney Powell) Flynn’s idea of declaring martial law and having the military “rerun” the election — or, failing that, appointing Powell as a special counsel to probe (nonexistent) election fraud.
…Never before in U.S. history has there been a record of a president discussing a military coup to stay in office. Is there any doubt that if Trump could find any active-duty generals willing to carry out this plot against America, he would give it the go-ahead? In this instance, all that is preserving the Constitution is the military’s fidelity to the rule of law.
–Max Boot









Trump and co-conspirators move to sow confusion, delay vote certifications, and win “contingent election” in the House (Updated November 19, 2020)

UPDATE November 19, 2020. Coup d’état underway For the latest news reports, see 1) Philip Rucker, Amy Gardner, and Josh Dawsey, “Trump uses power of…