The Bogus DC J6 Trump Indictment
More proof the Biden Regime and the Democrat Party corrupted Federal Law Enforcement
Summary: This is yet another utterly ridiculous Indictment of former President Trump by the lawless Biden Regime. The indictment itself is purely political. The entire document reads like bogus Democrat Party talking points. The indictment takes constitutionally protected speech and tries to morph that into crimes. It stretches Federal criminal statutes into totally new territory in an effort to create crimes where non exist. This J6 Federal indictment is yet another abomination from a Biden Regime hell bent on turning this Country into a Third World banana republic. Please note: I will have more thoughts to share about this indictment in the coming weeks, but I wanted to get something down now.
The Article: Once again, the lawless Special Counsel appointed by our rogue US Attorney General succeeded in getting a Grand Jury to indict former President Donald J. Trump for his efforts to challenge the 2020 election. The indictment itself consists of 45 pages of utter nonsense. It literally reads as though it was written by one of the more partisan members of the former House January 6 Committee. Read it for yourself.
In my earlier post about the Special Counsel's other bogus indictment of President Trump down in Florida, I railed about the “speaking indictment.” This one is worse. This indictment repeatedly cites public speeches and social media posts to buttress its ridiculous claims. Under Federal Rule of Criminal Procedure 7(c)(1), the indictment “must be a plain, concise, and definite written statement . . ..” This one is anything but. Numerous courts and commentators call into question the propriety of the “speaking indictment.” See Talk is Cheap: The Misuse of 'Speaking" Indictments and U.S. v. Cadden, (D.C. Ma. 2016)(wherein the court refused to read the “speaking” indictment to the jury and refused to allow the jury to take a copy of the indictment while deliberating). This single feature of this indictment should, by itself, be grounds for the court to sanction the Special Counsel. (Don’t hold your breath waiting for that to happen.)
The Counts charged: The indictment charges President Trump with four counts. Count One charges Trump with violating 18 U.S.C. §371, generally known as “Conspiracy to Defraud the United States.” This statute is often used against tax cheats, but does not require the Government actually be deprived of any property. The claim here is by challenging the certification of the electoral college results, by organizing slates of dueling electors from battleground states (as had been done in the past, including in Hawaii in the 1960 Presidential election), working to get legislatures in battlegrounds states (you know, the states Biden “won” by hook and crook) to decertify the election results, etc…, constituted criminal conduct. In case you are wondering, this statute has NEVER BEEN USED to charge constitutionally protected conduct like this ever before.
Counts Two and Three charge President Trump with “Conspiracy to Obstruct an Official Proceeding” and “Obstruction of an Official Proceeding,” under 18 U.S.C. §1512(k) & (c)(2). These charges require the Government to prove the defendant “corruptly . . . obstructs, influences or impedes any official proceeding or attempts to do so,” while the conspiracy count requires the Government prove a conspiracy to do those things. Here, the claim is the “official proceeding” was the certification of the election. The Indictment alleges President Trump’s efforts to fight the certification constitutes “obstruction” of the certification itself. Yet again, no such charge has ever been brought under these statutes.
Count Four charges President Trump with a “Conspiracy against Rights” under 18 U.S.C. §241. This statute literally criminalizes two or more people acting to deprive others of exercising their Constitutional rights. The statute prohibits “two or more persons” who conspire to “injure, oppress, threaten or intimidate any person . . . in the free exercise or enjoyment of any right or privilege secured to him by the Constitution . . .” The second sentence prohibits people from going in “disguise on the highway . . .,” for these purposes. Does this sound like anything President Trump or anyone working with him did or tried to do?
This statute is used to prosecute people who attacked, assualted or intimidated people to prevent them from voting or elections officials who stuffed ballot boxes with fraudulent or fictitious votes. (You are probably wondering why the US Department of Justice has not charged a host of Democrats for that one, eh?) This statute is also used in hate crime prosecutions. It has NEVER been used to charge anyone for undertaking election challenges.
Donald J. Trump was President
During all of the time and acts covered by the indictment, Donald J. Trump was the sitting President of the United States. One commentator I follow (and respect) posed a very thoughtful question, which I will paraphrase: Can the Commander-in-Chief and Chief Executive of the Federal Goverment actually obstruct or conspire to obstruct the functioning of any US Government agency or entity? (See Technofog’s analysis of the indictment).
That is a good question.
The Special Counsel, Jack Smith, and the US Attorney General Merrick Garland, pay lip service to enforcing the “Rule of Law” with claims that “. . . no one is above the law.” (Other than Hunter Biden and Joe Biden, apparently.) Yet, they unleash these dubious charges with a politicized investigation and ridiculous speaking indictment casting an unprecedented criminal net over constitutionally protected political speech and political activity. In my opinion, no one having any respect for the law would remotely attempt to pervert Federal criminal law in this manner. Period.
The Biden Regime will stop at nothing to undermine this Nation’s Federal institutions. This despicable indictment is yet another example.
I will do a deeper dive into this indictment in the near future (and will go back and complete Part Two of my post on the other bogus Federal Indictment of Trump). I just wanted to put a word to print about this abomination without delay.
(Don’t forget my new book, Fake News Exposed: 25 of the Worst Media Lies about Conservatives, Guns, COVID and Everything Else. To book download a free copy, just visit my website DanielRStreet.com. You may pick up a copy of one of my other books at Amazon.)