OPINION: 'Will Trump ever be held accountable? The Justice Department just increased the odds.'
Laurence H. Tribe, Carl M. Loeb University Professor emeritus and a professor of constitutional law emeritus at Harvard Law School wrote the Opinion, titled above, which was published yesterday in the Washington Post. As a lawyer Professor Trib…
OPINION: 'Will Trump ever be held accountable? The Justice Department just increased the odds.'
Laurence H. Tribe, Carl M. Loeb University Professor emeritus and a professor of constitutional law emeritus at Harvard Law School wrote the Opinion, titled above, which was published yesterday in the Washington Post. As a lawyer Professor Tribe won 35 cases before the Supreme Court of the United States.
The following are excerpts from his Opinion:
'Donald Trump managed to evade legal accountability throughout his presidency. That might be about to change — and the newest sign comes in a brief filed by the Justice Department. It doesn’t directly address the former president, yet has ominous implications for his ability to avoid responsibility for his role in the Jan. 6 insurrection.'
'The Justice filing came in a lawsuit in which Rep. Eric Swalwell (D-Calif.) and a number of Capitol Police officers have sued Trump and others for their roles in the insurrection. One of those named in the suit, Rep. Mo Brooks (R-Ala.), claimed that he is immune from personal liability under a law known as the Westfall Act, which shields federal officials acting within the scope of their' employment.
'U.S. District Judge Amit P. Mehta asked for the Justice Department’s position, and, in a filing Tuesday, the department resoundingly rejected Brooks’s view. This is a correct — indeed, an unavoidable — interpretation of the law. It is a view that is directly relevant to Trump’s potential liability in the Swalwell lawsuit and other pending litigation, ...'
The department first invoked Brooks’s own “defense” that his appearance at Trump’s Jan. 6 rally before the insurrection was “campaign activity,” not part of his official position: He was trying to get Trump declared the winner of the 2020 election and to promote GOP wins in 2022 and 2024. That was, the department properly concluded, political activity, not remotely covered by any immunity.
Even if Brooks’s appearance was not deemed campaign-related, the department added, he still is not entitled to immunity because he was accused of violating federal law — by definition, not part of his job. “Instigat[ing] a violent attack on the U.S. Capitol … plainly could not be within the scope of federal employment,” the brief said.
'Where does that leave Trump, who is also a defendant in the lawsuit and has also asked that it be dismissed? Not in great legal shape, in my view.'
'Tellingly, the department’s brief said, “Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee,” a category manifestly including the president himself.'
The pandemic rages on as do some of the worst governors in our country's history. In truth, it would be better to leave that judgement to Heather. Quite a number of us vented our anger yesterday concerning the madness in the country, following Annette's lead.
The madness continues. Here are links to several stories in today's New York Times. They contain information about the coronavirus, including the Delta variant, which will not ease our anxiety but provide valuable information:
"Will Trump ever be held accountable?" I wonder about that a lot. I wonder if trump, jarvanka, trump's cronies who broke the law with him, and every other sycophant who lied for him and committed perjury--I wonder if they'll ever be brought to Justice and face their due. Will we ever be able to change the climate of endless corruption in government? Will be able to achieve the honest, happy, and healthy environment we all want? Not to be a downer, but...It's looking dim.
There needs to be a law written to update efforts and enforcement aimed at both money laundering and corruption. Most American don’t realize that any dark LLC can blindly purchase real estate in America. It’s an open door for money launderers and a pathway sustaining corruption.
trump and jarvanka have truly made a mockery of our security clearance system. trump's intelligence advisors told him not to grant Jarvanka security clearances. But trump overruled everyone and gave him highest level security clearances. and trump made them senior white house advisors.
I wish we had Ed Snowden as a forensic detective combing the digital financial records of government officials. Then, making public all those off-shore accounts and their transactions.
The tax returns are important but what voters really need to see is the # of property:real estate sales to blind/dark LLCs. Then dig deeper by Treasury Dept agents to identify and expose the buyers of so many properties and compare those inflated priced sales vs fair market value/appraised value at time of sale . That will tell us plenty.
Agree. But u don’t need Snowden. It is public record what and which Drumf properties sold to dark LLCs. Why are so many dark LLC’s such a large proportion of Drumf property sales:buyers?Because they are made by foreign Govts buying future influence.
The dark LLCs bring to mind journalist Matt Taibbi's description of Goldman Sachs as "a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money."
I don't care about political correctness, I love that phrase. It comes from the requirements that Richard Wagner placed upon his opera singers. He had increased the size of the orchestra so much that to be able to sing over them, it was thought that one needed to be rather large. It was even in the singers contracts that they were not allowed to lose weight once they were hired for the season. Hence the image of the over-sized Valkyrie.
Annette, I never thought he lost them. Given our tumult, Trump, and Jan. 6th peoples' expectations in February - May were not realistic. I think that we'll be able to assess in the fall and winter months.
Can campaign money be used to pay for either a sedition defense or violation of a Congress person's oath of office defense? Or, must the individual pay for their own defense with clean money?
Trump used campaign money to pay legal fees for non-campaign-related actions. But given that the Republicans have gutted the Federal Election Commission it's doubtful that he'll ever get in trouble for doing so.
OPINION: 'Will Trump ever be held accountable? The Justice Department just increased the odds.'
Laurence H. Tribe, Carl M. Loeb University Professor emeritus and a professor of constitutional law emeritus at Harvard Law School wrote the Opinion, titled above, which was published yesterday in the Washington Post. As a lawyer Professor Tribe won 35 cases before the Supreme Court of the United States.
The following are excerpts from his Opinion:
'Donald Trump managed to evade legal accountability throughout his presidency. That might be about to change — and the newest sign comes in a brief filed by the Justice Department. It doesn’t directly address the former president, yet has ominous implications for his ability to avoid responsibility for his role in the Jan. 6 insurrection.'
'The Justice filing came in a lawsuit in which Rep. Eric Swalwell (D-Calif.) and a number of Capitol Police officers have sued Trump and others for their roles in the insurrection. One of those named in the suit, Rep. Mo Brooks (R-Ala.), claimed that he is immune from personal liability under a law known as the Westfall Act, which shields federal officials acting within the scope of their' employment.
'U.S. District Judge Amit P. Mehta asked for the Justice Department’s position, and, in a filing Tuesday, the department resoundingly rejected Brooks’s view. This is a correct — indeed, an unavoidable — interpretation of the law. It is a view that is directly relevant to Trump’s potential liability in the Swalwell lawsuit and other pending litigation, ...'
The department first invoked Brooks’s own “defense” that his appearance at Trump’s Jan. 6 rally before the insurrection was “campaign activity,” not part of his official position: He was trying to get Trump declared the winner of the 2020 election and to promote GOP wins in 2022 and 2024. That was, the department properly concluded, political activity, not remotely covered by any immunity.
Even if Brooks’s appearance was not deemed campaign-related, the department added, he still is not entitled to immunity because he was accused of violating federal law — by definition, not part of his job. “Instigat[ing] a violent attack on the U.S. Capitol … plainly could not be within the scope of federal employment,” the brief said.
'Where does that leave Trump, who is also a defendant in the lawsuit and has also asked that it be dismissed? Not in great legal shape, in my view.'
'Tellingly, the department’s brief said, “Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee,” a category manifestly including the president himself.'
Here is a link to the full Opinion:
https://www.washingtonpost.com/opinions/2021/07/29/will-trump-ever-be-held-accountable-
justice-department-just-increased-odds/
The pandemic rages on as do some of the worst governors in our country's history. In truth, it would be better to leave that judgement to Heather. Quite a number of us vented our anger yesterday concerning the madness in the country, following Annette's lead.
The madness continues. Here are links to several stories in today's New York Times. They contain information about the coronavirus, including the Delta variant, which will not ease our anxiety but provide valuable information:
https://www.nytimes.com/live/2021/07/29/world/covid-delta-variant-vaccine/
https://www.nytimes.com/interactive/2021/07/29/us/delta-variant-risk-map.html
https://www.nytimes.com/interactive/2021/07/29/world/europe/europe-us-vaccination.html
Court days a comin’ for the Orange Ayatollah of Neckjellyoh
Neckjellyoh?
You know, the blobby "no neck" look.
So well put; thank you, TC.
Like McTurtleneck?
TY
Yeppers
Proper link for Laurence Tribe's OPINION:
https://www.washingtonpost.com/opinions/2021/07/29/will-trump-ever-be-held-accountable-justice-department-just-increased-odds/
Love Tribe! His explanation of whether not TFG will/ can be held responsible is a definitive “YES”! Thanks, Fern.
TFG???
The Former Guy, e.g. Trump
Thanks. Saw Tribe on MSNBC tonite.
Right, Fern.
"Will Trump ever be held accountable?" I wonder about that a lot. I wonder if trump, jarvanka, trump's cronies who broke the law with him, and every other sycophant who lied for him and committed perjury--I wonder if they'll ever be brought to Justice and face their due. Will we ever be able to change the climate of endless corruption in government? Will be able to achieve the honest, happy, and healthy environment we all want? Not to be a downer, but...It's looking dim.
Righteous questions, Heydon.
Did any of you catch this one? Seems Kushner’s security clearance “force through” will add to his portfolio, serving Israel and the gulf states. The grift continues. https://www.reuters.com/world/us/jared-kushner-leave-politics-launch-investment-firm-sources-2021-07-28/
That clearance needs to be rescinded. And security clearance needs to be reinstated for those who TFG cancelled.
There needs to be a law written to update efforts and enforcement aimed at both money laundering and corruption. Most American don’t realize that any dark LLC can blindly purchase real estate in America. It’s an open door for money launderers and a pathway sustaining corruption.
trump and jarvanka have truly made a mockery of our security clearance system. trump's intelligence advisors told him not to grant Jarvanka security clearances. But trump overruled everyone and gave him highest level security clearances. and trump made them senior white house advisors.
I wish we had Ed Snowden as a forensic detective combing the digital financial records of government officials. Then, making public all those off-shore accounts and their transactions.
The tax returns are important but what voters really need to see is the # of property:real estate sales to blind/dark LLCs. Then dig deeper by Treasury Dept agents to identify and expose the buyers of so many properties and compare those inflated priced sales vs fair market value/appraised value at time of sale . That will tell us plenty.
Yes, that sounds like a good approach. The octopus of greed and corruption has arms and modes of theft stretching far and wide.
Agree. But u don’t need Snowden. It is public record what and which Drumf properties sold to dark LLCs. Why are so many dark LLC’s such a large proportion of Drumf property sales:buyers?Because they are made by foreign Govts buying future influence.
The dark LLCs bring to mind journalist Matt Taibbi's description of Goldman Sachs as "a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money."
The fox guarding the chicken coop?
Yep, trump and his toadie-henchmen are the fox, and we're the chicken coop.
Hmmmm. So are the Kushners going to conveniently relocate to Israel before the poo flies?
Perhaps we’ll see they and Mr. Barrack having dinner in the UAE.
Very likely.
Hahahaha
WOW!!!
Yet we've got high hopes! Not over till the fat lady sings.
I don't care about political correctness, I love that phrase. It comes from the requirements that Richard Wagner placed upon his opera singers. He had increased the size of the orchestra so much that to be able to sing over them, it was thought that one needed to be rather large. It was even in the singers contracts that they were not allowed to lose weight once they were hired for the season. Hence the image of the over-sized Valkyrie.
Good question. My answer: Not likely.
Maybe, just maybe, AG Garland is finding his cojones: https://www.reuters.com/world/us/us-attorney-general-garland-tells-texas-rescind-order-limiting-immigrant-travel-2021-07-29/
Annette, I never thought he lost them. Given our tumult, Trump, and Jan. 6th peoples' expectations in February - May were not realistic. I think that we'll be able to assess in the fall and winter months.
Can campaign money be used to pay for either a sedition defense or violation of a Congress person's oath of office defense? Or, must the individual pay for their own defense with clean money?
Trump used campaign money to pay legal fees for non-campaign-related actions. But given that the Republicans have gutted the Federal Election Commission it's doubtful that he'll ever get in trouble for doing so.
Good question. I'm not going to make a guess.