Prosecuting Trump: Being a jerk isn’t criminal

[florida80]

6/22
“SECVNDINVS CACOR.” When those words were found recently on an ancient stone in Northumberland, England, there was great excitement about what might be revealed about Roman life in the 3rd Century. As it turned out, the painstakingly chiseled words (which were accompanied by the image of a giant phallus) simply said that a guy named Secundinus was … well … human fecal matter.

The stone was an impressive effort just to establish for all posterity that Secundinus was a jerk.

The House Select Committee investigating the Jan. 6 riot is an equally impressive effort to painstakingly debunk election fraud claims and to show how former President Donald Trump refused to accept his electoral defeat. If the purpose were to proclaim “TRUMPUS CACOR,” it would likely get little argument, given the testimony about elected officials and election workers hiding out in their homes after being called out by name by the then-president.

The hearings have created a lasting, damning record leading up to Jan. 6. Yet, some members of the select committee have claimed they have established clear evidence of criminal acts by Trump. It has to be more than Rep. Liz Cheney’s (R-Wyo.) insistence that the evidence would show Trump was not “an honorable man” on Jan. 6 — an assertion that even some Trump supporters might endorse.

That claim is important to avoid confirmation of what was widely reported before the hearings. According to The New York Times, the hearings were framed with the intent to use the select committee largely to “recast the midterm message” and “give [Democrats] a platform for making a broader case about why they deserve to stay in power.” In other words, chiseling out “Trumpus Cacor” before the November election.

The fact is that this evidence is important for Americans to hear and see. Yet, the claims of established crimes this week seemed to run from the visceral to the recreational.

On CNN’s “Erin Burnett OutFront,” Harvard law professor Laurence Tribe declared that Trump can now be charged with the attempted murder of former Vice President Mike Pence “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” In addition to declaring that he is certain Attorney General Merrick Garland will now charge Trump, Tribe said: “There are other crimes that have been proven. Those are plenty to start with.”

Obviously, it is nonsensical to claim that Trump could be charged with attempted murder. However, the evidence presented does undermine Trump’s claim that he truly believed that the election was stolen when he pressured state and federal officials to block certification of the election.

Hearing an account of Trump lawyer John Eastman tell the Arizona House Speaker Rusty Bowers to “just do it” in scrapping the state’s slate of electors was cringeworthy. However, many seem to be making the same demand of Attorney General Garland about bringing criminal charges. As shown below, “just do it” is far better in selling running shoes than winning legal cases.

Crimes have elements, and the committee cannot seem to agree on even the crime, let alone the elemental evidence. Indeed, reports indicate that the committee is divided on even making a criminal referral to the Justice Department.