Tuesday, August 15, 2023

Orange Meltdown, Con't


“Stalin would be proud” of the Fulton County indictment, claimed right-wing radio host Mark Levine during a Monday night appearance on Fox News. (Not mentioned during the broadcast: emails from the January 6 committee show Levin chatting with John Eastman, a Trump attorney who was also charged in the Georgia racketeering case.)

Other commentators suggested that prosecutors were setting off a potentially catastrophic backlash against the left.

“Civil war,” tweeted media personality Tim Pool (who, in fairness, has authored similar posts for years).

Former House Speaker Newt Gingrich also took to Fox News to warn that “we are drifting towards the greatest constitutional crisis since the 1850s,” Media Matters reported. Gingrich also opined that the latest criminal charges against Trump represent “a desperate last ditch effort by a corrupt machine to destroy their most dangerous opponent.”

Some conservative voices claimed the indictment of some of Trump’s attorneys on election interference crimes foretold a crackdown on lawyers writ large.

“How are all the lawyers in America feeling today?” tweeted Dilbert creator-turned-wingnut Scott Adams. “Safe?”

Jenna Ellis, a Trump lawyer indicted in Fulton County for alleged racketeering offenses, tweeted that “the Democrats and the Fulton County DA are criminalizing the practice of law. I am resolved to trust the Lord and I will simply continue to honor, praise, and serve Him.”

Other Trump fans claim the indictment imperils even more Americans for innocuous activities.

“Apparently illegal in America now,” tweeted former One America News Network personality Liz Wheeler, listing out activities mentioned in the indictment like “Telling people to watch TV,” “Asking for phone numbers,” “Renting rooms at the Capitol,” “Advocating for signature verification,” and “Tweets.”

“It’s not just Trump they’re coming after,” Wheeler wrote. “They’re coming next for our free speech if we dare dissent.”

The indictment does not claim that tweeting is illegal. It claims that Trump and allies used Twitter during an extensive effort to overturn a presidential election. Nevertheless, Wheeler and other figures on the right have repeated the refrain that the indictment might criminalize watching television.

“Everyone should read the Georgia indictment to discover how nonsensical it is,” tweeted conservative columnist Gary Abernathy. “This is actually one of the counts—apparently, sending a tweet encouraging people to watch TV is a crime.”

That is not true, as the indictment (or even the screenshot Abernathy posted) reveals. The indictment describes Trump’s promotion of an election-denying OANN segment. Trump’s hyping of the segment is not described as a crime, but as an overt act in furtherance of a conspiracy, much as renting a car is not illegal, but might be relevant to a criminal case if the rental car is used in a series of bank robberies.

Some talking heads suggested radical action to block a Trump conviction. “I think this is so dangerous to the very survival of the republic that it has to be stopped,” Gingrich said on Fox.

Another Monday night Fox guest, Mike Davis, pointed to the difficulty of securing a pardon in Georgia. If convicted on the state’s RICO statute, Trump could neither be pardoned by a president nor Georgia's governor.

“Under the Georgia law, there is a statute that limits the Republican governor’s ability to pardon, and I think that the legislature in Georgia needs to amend that statute and give Governor Kemp the ability to pardon in this situation because this is clear election interference,” Davis said.

“It is clear Democrat lawfareby Democrat prosecutors where they are trying to have Democrat prosecutors, Democrat judges and Democrat juries and Democrat hellholes decide the next presidential election instead of the American people.”
 
I'd say as a layman that the RICO laws make it pretty clear that doing things like "tweeting to watch TV is a crime" when it's used to further a criminal conspiracy like when "criminalizing sending mail" is illegal when it's mail fraud but these are, ostensibly, actual lawyers making these idiotic comparisons. 


Mr. RICO just got RICO-ed.

In the 1980s Rudy Giuliani all but reinvented an underused 1970 law against racketeering. He made it his mission in a two-year stint as the No. 3 official at the Justice Department to hire prosecutors across the country who would ferret out and prosecute criminal enterprises of all shapes and sizes. Then, as Manhattan’s top federal prosecutor, he wielded the Racketeer Influenced and Corrupt Organizations Act with huge success against Mafia dons, corrupt politicians and 1980s Masters-of-the-Universe financiers like Ivan Boesky and Michael Milken.

Now Giuliani, 79, is on the other side of the law that was the essential scaffolding of his own career. He was accused alongside former President Donald Trump and 17 others in an indictment late Monday of operating a criminal enterprise that sought to overturn Joe Biden’s electoral victory in Georgia, in violation of Georgia’s RICO Act, which is modeled on the federal law he once championed. He was also charged with other counts, including soliciting public officials to violate their oaths, making false statements and conspiracy.

“I’m the same Rudy Giuliani that went after the Mafia,” Giuliani said Tuesday afternoon on the Greg Kelly Show on WABC radio. “The same quest for justice. Gosh almighty, if Donald Trump committed a crime, love him though I do, I’d put him in jail.”

The indictment punctuates a remarkable fall from grace for Giuliani, who parlayed his success taking on the mob and Wall Street miscreants into two high-profile terms as New York City’s first Republican mayor in decades. His dramatic efforts in reducing crime were widely copied elsewhere, and his resolute response to the Sept. 11, 2001, attacks earned him the nickname “America’s mayor.”
 
How far these clowns have fallen, indeed.

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